Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-17
FRIDAY, ID c. IL.

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DEBATE ON THE JUDICIARY-T Continued
Mr. TAzEwELL rose in repy.-The gentleman
from Cbr'ter6ed said he, urges an objection that
the jurisdiction Of that Cour. Of Appeals is merely ap
pell'te, and give this reason why he will not vote
10 change the name of the Cour'. Has the gen
tleman adver ed TO the line OF the resolution which
declares that "'he jurisdiction Of these tribunals shall
be regulated by aw! If the Legislature is 10 regu-
late the jurisdiction OF all the courts, and this among
S nat he sppeste III 6n; f he his 'sn
ee altered by law in any way the Legislature shall d.
ret DO no. know that il is so desirable thai its in,
,lsoicton shaii be appellate only The distinction be-
tween original and appellate Jurisdiction is no, perfect
y cIear; u runs into dpices jTiSI know of no argu
ment TO show that ought to exclude aiiurisdic,on
otner than appellate-l think there are manv cases
Wnere ought to be original also. |, therefore, ap.
prehend there IL no force in The objection of the gen
ueman fom Chesterfield o.
The gentleman from Richmond tell; us, that he i
unwilling to adopt the chang of denomination pronoseb
ny my amendment-trs because it may cause the
constitution 81 Virsiria to read toti9e1 perbis as Tho
Constitution at the United States does: and tho Co,,
tuition OF Virginia is older, in ts date thsn The FJsr,
Ion|lHtion and is certain in its
~ w'' De seen by arePeti'ion Of the words thst the
urs OF me Federal Constitution are net repeated
they are ctanged hut if they were iden,icsIlv The
sme what Interpretation has been pnt on ,his Cops
iuhon which should induce TO prefer t.! what did
The Constitution doi Appoint judges NJ tho Co,-t ~
Appeals? No-Julges OF other Courts per. ,na,,s Id
ges OF The Court OF Appeals until 1888 when the Dis
"ict Court system was adopted. When that system
was an"p ed' The Legislature though there must be
court oil Appeals, and they then erected District
Court with that name, and so it has remained ever
slnce-So far the Constitution of Virginia has hal mo
ksued decision which bears upon the subject The
Court Of Appeals composed of the Judpes NJ
three other Courts, and subsepuent Legislature pro
nonnced 1t 10 be Constitutional Court But no s,,rh
dlncuity has ever occurred Teepectinp the Constuo,
OF the Onref States. | am told there NAV be din -
est constitutions Of thar CONSTITUTIONS care not by
nanv different constructions may he puf upon hermit
TER II The Convention adopt it, language now adoots
" az noO con'iusd and after that do not care if lhe
sIan cnange u@ construction fifty TINES. am Tor
aiopug ihe words as they are nOlC understood and l.
was for that reason that moved the a.nrnIm.nt.
would take the words ga Supr me Court under the
construction held by every Deplrmen, of the Federal
Government-:Aat tn p" Supreme Court" is C,as,;iu
tional Court and its Judges beyond The reach of Con
gress itself II we adopt the Ter th, co: s,ruc
lIon, we adopt the construction iselE and tbus IN.
Sour' oil appeals becomes consecrated much as the
Supreme Court Of the United States And with rssoef
10 The interor Courts, change but one word and vour
Constitution VIII be precisely the same on Ills subject
as the Constitution of the United States. The con
'truciion always was that Congress NAV change and
abolish them al pelsu and the constitute has been
icqnesced in TO the present time Nv adoniiug The
zane wors with the Federal Consufon az TO bo.h the
superior and Inferior Courts, all difficulty will be
'vOdrd for all time TO THE was nv sole reason
or wishing to have the amendment adopted.
But, il seems ha because Of ihs am supposed IN he
opposed to the Independence OF the Judiciary Sir II
know myself, there u no member of this Convention
lV' chNeteig dttdcneu 10 Ulat independence than |
I'M But have no idea Of making The judiciary ,nds.
'endent Of the law. ! want a constitutional tribunal |
which the Legislature cannot abosh and Won gel th,
"hen you get Supreme CourE When il is said that |
every Judgment of your Judicial Department shall II
required, be passed under the revision of ths ,rbuo,
you have got all that ought to be desired If Won on
beyond this rule, where you 10 sion, If evecy Of
cer Of every Court is not 10 be declared
At what point are you TO sopl Create A forum vbicb
shall be as distinct and independent a departnsnt If
your Government, as the Legislative or he Exscnivc
You then have your three great Departments and ta
j. enough. The Inferior Courts must be subject IN tbs
Legislative control IL must be So IL siHsvs b,s La
20 in every county IN the world but Virginia Tbsn
wish to know whether il i desirable that the ud,e.
should remain free from this controR The gentlemen
for allowing The Legislature TO act on the tribunal IL
sel out he vans to secure the preservation of the
Judge. what Judgc' The Judge of what Court? When
you say ma he retains The capacity i've another
Judicial Office, it saving nothing bscause he ,youid
have That capacity Ju't ~ much ii he was no Iudge AT
ALL IL is only 10 declare that the J1dye shaf conf,o
T. r6eciUe his safqTy. But for whaH for potlirg ri
This IL necessary 10 secure the Independence Of n To-
dietary, why, in the name Of Heaven et II Ne 90 ~
can't buy that Independence too dear Blt Won b,S
thai, WREN you said there shall be a Supreme Co,,, y
The Constitution Of the United Siaes says ,be San,
thing, and Il has worked well:-the independence ~
the Fedei Al Judiciary has not bren impaired A, IN
the duty Which judge is called g. perform IL certain
y ought 10 Influence the Lsgisatufe II always has The
gent from Chesterfield ismisiskeu when be- s,ye thai the
Constitution Of The y States sinks bs boat under the
Judge Three Judges became useles.; bui AZ that pre-
case period TIE old system Of aseizs gol w IL 1850
sni OforgiG in in 1859 sni then he Leglilure 20.