Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-01
VIRGINIA LEaIsLAruRn
HOUSE OF DELEGATES.
CiRCUIT COURT BILL.
Speech OF .Nr. G0ode.

an audience whose opinions are already fixed and
determined, is, indeed, appalling refection but
"hen that audience is languid and iatgued, the
einoarrassinent oil the speaker is greatly augment
so. iheic are occasions, however, in which it
tbeco.nes every holding a station of RESPONSE
onty, TO discard all considerations connected with
sell, to encounter all difficulties connected with
ms SITUATIONS; and, firmly, to pursue that course
when ms understanding informs him is best cacu
Lated to advance the great interest of the comrnu-
| nify- he opponents of this bill regard this as
such an OCCASION, TOR, OF the various subjects
which have come under the consideration of this
Legislature, there is not one more important
man the present. II is not question of ordinary
legislation. IL is not measure confined in its
operation 10 any particular class cases. Attempt
ihS MODIFICATION OF our whole judiciary depart
inenf, II is universal our law. In.using itself
into all the various relations of society," il affects
our most material and essential rights. Einbrac-
ing The interests OF the present age, graspng af-
ter those OF all futury, it involves possessions
our homes, our lives, and al to which we are
bound by the strongest ties of nature and humani-
". Ona question OF such vast importance, can
not believe but that the House will pause and de-
iiperate, ere II takes step which may terminate
IN fatality. cannot but believe they will be dis
posed TO examine amt re-eNamne the grounds of
IN opinion ormesi, perhaps, without great delibe-
ration. And am inspired with confident ex-
pectation, that the overwhelming importance of
The subject ITSELF affecting the Judges in the en-
IRE discharge OF the vast and multifarious duties
VIII the House 10
pauent attention, even TO the humbest member of
.heir oody: the necessity Of attention being great
IN proportion as the means Of information small
Sir, In the commencement, offer my gratula-
Mons to the House on that Kindness of feeling
which has peryaded this Assembly, with indeed
but little interruption during the whole of this in
teresflng debate. trust j; will continue the infiu
ence OF its mdness, and Danish from our delbe-
rations- all asperity OF remark. We will extend TO
one another all charitable ndulgencies We are
( all engaged in the lnnbabla If
advancing the glory and interest Of our country.
Though difference OF opinion exist among US,
we know the advocates of this bill to be actIlated
Dy considerations OF public good, and we ask, in
me exercise OF common charity, that they ascribe
similar motives TO ourselves We know we NAV
conbde In their kindness and libcraiity. But when
reflect on the terrible denunciation of the gentle
man from Albemarle any rash knight who
should dare enter the lists, clad in constitutional
panoply, confess | approach the consideration of
the question with an unusual degree of save and
trembling" Yet win l trust TO the masnanimity
OF his nature know that, in the heat OF battle
The generous emotions CT his gallant soul will ami
mate him to the most daring, heroic achievement;
but when the victory shall be determined, when
the battle shall have ceased he will sympathiZe
with the suflerings of his fallen foe and weep over
the wound fatally inflicted by the irresistible Prov
ess OF his matchless arm. Sir, whatever fate may
attend me--w whatever caiamiiies may be in re-
serve shall be sustained blythe eOsoag reflcc-
ton, that like the heroes of Ossian if fall shall
cle ny nc Dand ORlne brave.
Sir, this bill proposes TO abolish the Courts of
Chancery at present established; being tribunals
exclusively OF Chancery jurisdiction and to trans
fer their power TO the General Court by blending
Common Law and Chancery jurisdiction in the
Judges of that Court: This we think forb;dden bv
the Constitution shall not attempt 10 prove to this
House, lin answer TO the gentleman from the county
OF Berkeley, (Mr Hunter,O that the people of Vir-
ginia have, for half century, lived under COW
eminent In which their liberties secured by
Il hill IL.
beratons TO establish the proposition that the i'm
mortal sages who framed our government were
vested with authority 10 act shall not attempt
to prove that the people OF Virginia have by an ac-
quiescence OF fifty years, given validity 10 a gov
eminent which otherwise might have been in
formal These questions have been soemnly adj
Judged by this very House of delegates. Youhave
declared that there is halloyed instrument subject
10 TO nodibcato'- whatever, save by the sovereign
VIII oil the community. You have passed bill htv-
ing for lis object the ascertainrnent of the popular
viii as TO the duration of that instrument having
thus adjudged the existence OF the constitution ye.
nave out TO determine the rule for its construction
Sir, do not deem it necessary TO contend for that
stict rule OF Interpretation applicable TO the con-
stitutlon OF the United States-The remarks OF the
member from the county OF Amherst, (Mr. Thofnp-
sony are entitled 10 profound consideration-but
without insisting on his rule OF consruction think
The prohibition plainly to Ire found III the express
language of the section of the constitutional The
two houses OF Assembly, shall by Joint ballot an.
| point Judges of the Supreme Court of AppeaIs and
| the General Court, judges in Chanccsy Judges OF
Admiralty, Secretary, and the Attorney General
| To be commissioned by the Governor and continue
| IN Office during good behaviour To nv mind,
sir, 1t seems quite plain, that the trainers of the
instrument intended by this section TO provide for
| ChanceTy Court, separate and distinct from the
General Court and in every way unconnected
i with It, am aware that this opinion is not uni.
Vcrsay received; but was astonished TO hear the
gentleman rom Charles City, (Mr. Christian) re-
peat tins section and formally declare that there i.
nothing in it justifying even a doubt Oh the sui.
llect-Disdainlng any attempt to interpret the Sec
uon, the gentleman was content TO risk the decision
Oh TINS inomentous question the strength Of his
own asserton-and, really, there is no answering
MS dTgumfHf-Sir, my surprise was scarcely les.
excited when my worthy and intelligent friend
from Westnoreiand, (Mr. Newton,) Expressed il
as his deliberate conviction that this section wa.
designed only TO ascertain the body whose duty il
shouid be to elect the judiciary--Had this been
the only design, where was the necessity Of en-.
tering on specification Of the particular Judges
Of the Supreme Court Of Appeals, and General
Court, judges IN Chancery, judges of Admiralty
lSc--embracipg all the Judges of the state? Whv
did not the convention use the term judiciary 3
which would have embraced them aIl-Why die
n0tthe trainers OF the instrument declare that
! the two honscs Of Assembly shall, by Joint bal
lot, appoint the judiciary'" Their whole de:
would have been cxpressed--They would have
been relieved from the necessity Of framing tbs
remainder oil the sentence--1o have framed Il
would have been tautology-not, sir potupous DC.
dantc yerbosty; but fat, stale insipid tauiology-
Instead OF conveying their idea by the use Of ono
TORN, they have adopted periphrasis oh ma
| ny words as could be introduced To establish
ths construction, would be to convict the Trainer.
OF the constitution 1.-THE gTOsses inattention 20 phi
biological rue--But they are not obnoxious 10 this
1 ri