Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-09

twas no violation Of the Constitution 90 unite the
woJ Jurisdictions in the same Judge. This was the
oplhoa 81 ia 4toane, a snry and Tyler. Tits
true the court did, in that case also decide, thai be-
fore Judge OF the General Court could exercise
The jurisdiction OF Chancery Judge, it was neces
sary he should be separately commissioned as u !
Nhanccllor The correctness OF this branch OF the
!ecisiOn, 10 not consider it necessary TO deter
mine, as IL Is not involved in the passage of this Li
and sufficient tor the day Is the evil thereof"
but, great ASS my respect for the opinions OF these
great good menu dare here 70 venture, that their
opinion upon this part of the subject is founded in
error, and that it viii be determined whenever
the question shall be fully and freely examined;
and that there will be found but fetU who can see
the rea Of IL, either for the purpose of satisfying
common sense, OF the unbending acquisitions Of the
Constituton-Ibe 10th & l1th sections of the
Constitution declare That JUDGE of the General
Court, when impeached, shall be tried before the
Court OF Appealsand all other officers before the
General Court. | do not know thati am quoting
the Constitution verbatim, but know quote fair
~ the substance-and from this part of the Consti-
tudon, the opponents of TIL bill iDgenuousIy urge
this argument: They say, a. all other officers are
to he tried before the General Court, if you give
the Gen.Court Judges equity Jurisdictions and iione
OF them should offend in the discharge of his equi-
~ jurisdiction, he mustb be tried hoi0re the General
Court--nnd, consequently, tried before IN mselyes
which, they say, IS en- absurdity. Sir, this may
be IN absurdity, and yet not Unconstitutional
But, am surprised that gentlemen who are 50
very astute, IN detecting objections to this bill
should not have been astute enough, TO detect the
absurdity this argument-Sir, if this bill passes
you have general court of twenty Judges possess
ing equity and common law Observation-Disclosures
ono OF Them should offend in the exercise of his
equity powers who is it, that offands;-You are
compelled TO answer-a Judge of the General
Court-Wkere is Judge of tho General Court 20
be tried' Before the Court of Appeals trust,
Mr.. Speaker, have succeeded, in showing that 10
pass this bill would be violation of the constitu-
finn hat, \. -.
The letter and spirit of that sacred charter of our
liberty, and that they fortified, in their opin-
ions, by cotemporaneouse exposition and by judicial
decisions
But, il is said, that TO pass this bill, will be TO
attack the independence of the .Iudiciary-TIov Is
It an attack upon their independence ?-This bill
certainly does not interfere with their salaries
except 20 raise HeDl-and this suppose neither
the Judges their friends will complain of as an at
tack upon their Independence How then isitan AT
tack upon their independence; This bill does not
interfere with the tenure of their offce-They are
TO hold during good bchaviour-Sir this assertion
OF the opponents of this bill only be defended
ny maintaining, that it Is incompetent in the legis-
tatur, 10 re-organ!s" hese courts, or tointerere,
with the duties Oh ofic in any way-The argus
ment amounts 10 tiiis-that altho' the judiciary
system may be radically defective, and not at all
answering the object in view, when il was estab-
iiShed-yet the legislature can in no way, amend
The system.-Which argument also leads to this
that although, these courts may be entirely use
less, nay, ICOTSe than SelesS-yct the legislature
have no right 10 abolish them
Sir, these are powers which maintain this le-
SiSiatuIe does possess-and he who holds differ
eilt doctrine, holds doctrine, at war with the spi
TIT OF our government and with the rights Of the
Peopie-Sir, the judges of the court of an
peals In their remonstrance (Which has obtain
ed ihc name OF celebrated in some way) to the
legislature IN i1SS, admitted the power on the part
OF the Legislature, both to increase the duties Of
the Judges and TO diminish the pav-and this
they would hardly have done, they had not CON
siGcred clear question. The salary OF the Judge
Is intended asa compensation for the service he isto
render-ant If from any cause the service becomes
greatly Inadequate 10 the compensation. the
compensation may be reduced-and 50 if from
any cause the compensation becomes inadeg,Iate
TO the service TO be rendered, the condensation
should be incrcased-Tln the present case the la
bouFs have been Increased, and there IS a cores
ponding Increase OF salary-whch in my estima-
ton IS correct.-it is thought by some sir that this
Dali VIII not 90 oil with the people quite so well
IN consequence, ofthe increase Of salary You
may rely upon It, those who entertain this opinion
ihiStaiSe much the people Of this State-Ciive them
an effective Judiciary, one which is accessible TO
them, and they are willing to pay for it-Thev
had rather pay an eXtraYagant price even for \
system OF courts, in which they can have their bu
lness done, than TO labour any longer under the
present most oppressive system.-Sir, is if not
mockeryto talk Of splendid judiciary system
"nlc IS subyersiye OF the end for which il was es
tabiishedt The gentleman from Amherst. ha, he
slowed an handsome euiogium upon the English
judiciary system-He insists il formed tine DToto-
type from which ours was taken and recommends
to us to adhere TO the system The pentJernon
cannot be ignorant, ofthe effect of tie E9pIis s,s
tenn, IN their own couniry-he must be ACQUAINTED
with the iact-tlIat the delay and great e,,nonse
IN prosecuting a cause in the Chancerv Courts
there IS such as entirely TO put it out of The pow
CT oil men In ordinary circumstances to prosecute
claim IN those cOurts-and yet this is the system
the gentleman eulogisss, AMI recommends US TO
initiate Sir, this system does not suit the purses
Of our people. Here Courts should be established
Tor the good Of the Peoplo-they should be aces
sbe to all.
As 10 the eXpediency ofthis measure / sballbuf
say little more in addition TO what have already
said think the general principle must be adj
mttcd-in its details, it cannot be expected 10 he
periect-Ihc principle is whatI 90 for-Suf1ice
u TO 5ay-according to the present ARRANGEMENT.
the sullors n the Chancery Courts in the great
majority oil ca5es,have their causes adjudcateb in
courts ut great distance from them, by Jud yes
Whon ihey never saw and attended to by law
yers, clerks, commissioners, and marshalls who
are sf9nge5sio them; By the plan proposed ,your bu
sine5s IS done az home in your own county You
sec the Judge you hear the LAWYER Won know
the clerk and the sheriff, and ask the Question
where Is the sutton or the sutton expectant, who
can hesitate, between the two systems? M
Speaker tof The good Of the people hope the bin
may pass
(DeIefe TO be Continued)
ss1-
DISSOLDITJN
Huar Hn.~ b.