Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-01

Decmng the Judiciary eqaaly impcstant, it was
equally incumbent on them e, crean i-and thew
must Ice presumed TO have irtcnicd 90 do so.--'ro
render the Legislative deparincu, complete, they
deemed Senate and HOUSE cf Delegates essen
nal To perfect the Executive they provided for the
appointment OF Chief Magistrate and his Council.
The rights OF the people, in the hands OF the Ju-
dietary, were thought 20 demand the existence vi
Court OF Appeals, and Geneld Court, a Chance
ny aud an Admiralty Court Would any man deem,
II competent for VA, by Act of Assembly, 20 dis
rensc with the Senate cr House Of Delegates 3
Would any man deem it competent for tic Lcvis.
lature TO dispense with the Chief Magistrate, or
Council Of State Con any man deem it co,npe-
tent for the Legislature 60 dispense with either of
those constitutional tribunals ntemplated by the
founders oi the government, as necessary to per
iectuate the Judiciary Department. 4 Senate, a
House OF Delegates, Chief Magistrate, Com
mon Council, Court OF Appeals, a General Court,
Chancery and AN Admiralty Court, were regard
ed as essential to the safety of human rights
they are all contemplated by the Constitution
they all rest On the same foundation one may as
easily be cxpUnSed rs another: the power which
can dispense with the Chantery, easily
supcTccdc hS Senate.
The 4th * 9Th Sections of the Constitution declare
that the Legislative shall be formed of two dis
inct branches, who, together, shall be complete
Legislature. They shalt meet once oitener every
year, and shall he called the General Assembly of
virginia One OF these shall he called the House
" Deie5a'cs. and consist OF two Representatives,
10 be chosen for each county annually " of such
men as actually reside in, and are ireeholdcrs OF
Tue same, or duly qualified according 20 law, Sc
The 9th section declares. that 's1hc other shall
nc called tile Senate, and consist OF 81 members, OF
whom IL shall constitute house TO proceed on
business for whose election the different counties
shall be divided into 81 dstricls-and each county
OF the respective district, at the time of election of
ic delegates, shall vote for Senator who is ac-
tualiy resident and tccholdcr within the district
or duly qualified according 60 law and i, upwards
oil % years of age" Sc.
Ii is Obvious from these sections, that the fra
1ners OF the instrument, with much care and par
regularity, have provided for the existence of q
House OF Delegates and a Senate. They have
also designated the appointing power, and as il
seems have determined the manner of appoint
ment; but there Is no language i'll these sections
expressly providing, that Senator shall not be a
member OF the House of Delegates or that "a
member OF the House of Delegates shall not he L
Senator. Yet, the universal assent of the com
munity has determined that these were designed
10 be separate bodies not 10 be filled by the same
Individuals
The 9th Section declares, that Governor or
Chiet Magistrate shall be chosen annually by
JOINT ballot of both Houses, Ito be taken in each
House respectively deposited in conference room,
&c"
The I1th Section declares, that a Privy Coun-
chi or Council OF State, consisting of eight mem
bers, shall be chosen by Joint ballot of both Houses
OF Assembly. either from their own members or
me people at large, 10 assist i'll the administration
OF government, &C.
VIII any man contend that the only object OF
thcsc SECTIONS, was 10 designate the appointing
power! III SO, where is the Executive organized
Or, can it - contendcd that the Legislature may,
IN Its discretion, likewise modify the Executive
Department, and blend or unite the Governor and
ms council or dispense with the existence Of
either: Surely there none who would con
tend Tor such construction. 1t Is plain the OBJ
lects OF these Sections provide for the be-
ing OF Governor and Plivy Council 10 ccsign2te
the appointing power, and declare the manner of
appointment. Ii the existence of a Governor be
not demanded by these Sections, there is no such
provision IN the Constitution. But there is nothing
IN the language OF these Sections, expressly de-
c!aIins that the Governor aud privy Councillor
may not be tie same Northumberland none can
toubt that such was the design of the instrument
iteason and the common consent Of the country
nave determined that these Offices should be dis
tinct and filled by separate individuals. The Chief
Magistrate cannot be Councillor nor q Council
lor the Chief Magistrate.
The Section relating 60 the Judiciary is in Ian
gnaSe, nearly assinia'ed to that establishing the
Executive, and critically construed must receive
the same Interpretation. The several tribunals of
the Judiciary are as distinctly alluded TO, as are
those OF the Legislative or Executive The
two Houses OF Assembly Shall by Joint ballot, an.
point Judges OF t!;c Supreme Court of Appeals and
the General Court, Judges in Chancery Judges of
Admiralty, Secretary and the Attorney General
70 be commissioned by the Governor aud continue
IN Office during good behaviour, &C. The SINH
farIty OF the language is apparent and papable-
yet thIs Section IS said only to designate the APP
pointing power, whilst that relating to the Exc
Inent The judiciary was regarded as a depart-
Ient oil government, equally important with the
other two-the Constitution solCilotsly provides
for the organization of the other two-and vet il
IS said the organization of this department was left
TO fhe discretion of the Legislative Where is the
bodsted independence of the Judiciary, when their
oilccs are exposed 10 the caprices of the Lerisla.
tivctO be, by them blended modified or 3boI-
ished The Judges themselves, are liable to be re-
moved from one tribunal! TO another-a Chancellor
TO be made a Common Law Judge-a Common
Law Judge TO be made a Chancellor Judge of
the General Court to be elevated to the Court of
Appeals Judge of the highest appellate i,1ris-
dstion 10 be- degraded into mere travelling JUS
uce in eyre--and all to be effected by the uncon-
troied, irresistible onipotence of the Legislative
Sir, such cannot be the correct constructjon-the
Section must be interpreted those relating 10
the other departments. IT'S true, the appointing
power IL desguated-the manner of its exercise Is
likewise detcrmined-but 10 give efficacy TO the
whole Section, IL must be construed to establish
judicial tribunals, whose Judges are commissioned
by the Governor, and continue IN office DURING
good beliaviouT-thc people AZ the rolls appoint
the Le2i s!a'iye-thc two Houses Of Assembly 5lI
J9int ballot, appoint the Executive and Judiciary
tile Constitution having established the branches
powers. Senate thought necessary TO re-
strain the faction, the contagious excitement Of
this HOuse--a Council of State 10 apncasc the
wrath to soften the ferceness TO stay the force of
Executive AuthOrity-thc several tribunals of tho
Judiciary department were established as aids and
checks to each other-the law Courts 10 execute
INC iIgor OF the ruie-the Ch1nccry 70 smooth and
soften its aspsHdes.
Sir, these reflections have suggested themselves
90 my mind, conclusive Oh This subject. The
founders OF Tie government, when organizing a
Legislature 20 create the law and an Exec,,t;,,s