Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-23

orn on whatever upon what had been called a con-
strucon OF the Constitution of the United ate, bv
tue act OF Congress OF 1902.
lie should now, as lar as possible, continue to avoid
expressing an opinion that Act OF Congress There
was something IN his situation which ought to induce
nun 10 avoid doing So lie would go farther tn IN
70 say 'hat he did not conceive the TO have
ecn az Az tehnitivey exponnded by single act Of
congress lie should not Ined,.le with the question
whether course at successive Legislation should or
should not be held tnai exposition of II but he
wou'd say hi.,-that single act of Congress uncon-
nec'e' WIN any other act by the oh,r of
me Federal Government, and especially of tina, Depart
'nt more especially entrusted with the construction
" 'he |ohs'i'ion IN great degree, when there was
no uhoi OF Dtpattments-but the Legislative Depart-
ineut alone hal actei, aud actei but once-.y.n
aa'niuing That act not TO have pissed in times of
hig political aud party al could ever he admit
ted IS final md conclusive.
when the Report had been made by th- J Committee
anu pan mad been iad before that Commute de
Ga" auoa was made that the clause since rxpung ed
was necessary TO prevent this contraction IF that Re-
Poft-The words hal been introduced not for the pur
pose OF making the Report conform to the Act OF Com
Us, ou. because they furnished ready mode of
u'spo'ing oil the Judicial Department If adj
not been used in the Constitution Of the United States
nothing was moro probable than that the very same
mG,us would nave BEEN employed in the Report. He
said BEING the individual who had drafted the ar,i.
cl' that ie h, ~ had in hs mind The clause Of III,
es"ra constitution al uled 10, and its construction
by Congress When the article wa, Introduced il had
no, pren Tor the purpose OF acknowledging the Justice
oil that con',rucon but proven, the possibility OF m
II was CONSIDERED as possible, and barely possible that
He did not with to enter into all the argument Ar
must have witnessed the caution with which he had
avohei'tong So But he said freely that the prrs-nt
ConsuuilJa ought 10 be construed in its tcortls and
not IN the opinion any member might have .xpr sseJ
upon it, They entertained different opinions tbo,r
opinions were not to regulate the constructors Of the
CONSTITUTE M but iis own wsrd alone were to regulate
the construction of il And far he had any rpht
TO protest he did protest his individual csnsuc-
uon' IN any mode being engraed into the Constitu-
non. Let the Constitution speak its own language
aud be construed 10y those whose office il was to con-
struc il.
Mr. TAzxwELL followed Mr. Mar.hall-,nJ ex
pressed an exactly opo-i'e opiuon-Hc vindca ID the
p ssage Of the law for aboi'i1g the newly spp,,tsd
Jmcges,at the verycloe OF Mr. Adamss admin sratop
lie contenied that tina, act "as perfectly constitutional
anu proper and That the cture then taken BY Cong
had liked the meaning Of the il ,he Cons Ytion
Of the U. S. which had been copied into the proposed
Constitution of Virginia.
He was followed by Mess g. J,hnxon and C;l.o
Qhe latter taking the same side with Mr.. Tazewell-
and Mr. johnson conccdng that the abolition of the
Judges at the commencement of Mr.. Jcffarson's Adj
nisration became Objectionable ii might seem at first
had been sanctioned by the acquesccnce of the Peope
Mr. CABELL addressed the Convention as follow:
used to express my extreme modification and un-
eigmrd astonisbmen at the construction given TO the
Constitution as reported by the Select Committee 10
We house y the reverend leanred gentis an e. ON the
Cty oi Richmond. Ii must be within the re
OF every gentleman present tn il was OH INV motion
mat The House settled the question: in terms no, TO b,
misunderstood, that the abolition of court ne.
cessa'iiy ana inevitably carried with il the aloIi.
non oil The Office, and OF the salary of the
Judge oi such Couri-and that by decisive ma
'rity, upon call Of the and nses The xord NJ
ne amendment, taken in connection with that portion
OF the resolution imported that idea which il was A.,
'aeh'd The whole subject was then debated. by gem
ueInen oil great eminence, who were regarded a. tb
uminares OF Constitutional law, that such was il. fair
natural and necessary Construct ton as il went from ,
House TO the Select Committee. But now Sir what
do we hear from the yet higher hori,y of H. ga,
tlemAn from the city of Richmond lie no,y ,,,;"k
that the lair construction OF the Constitution rcoor,ed
10y IN select Committee as modified by them, must
be, In It 10 Tith standing the abolition OF court he
judge thereof will still retain " hi, o6a.s ami
though he many have duties to perform will n.
en'i,ied TO cnjoy his salary. ask, Mr.. President
whether il is consistent with The honour of tho Can
nre, or OF the House-(here the cIair c,lIsd IN or
der) 10 viii III MIR. G.. replied m-an Sir no imou.
'aNon on the House or tn Committee but what
meant 10 ask, was whether il would be consise pt with
the honour OF The Committee or the House Afr IN
latter hsi, in the solemn manner passed aairma
vely upon question, anG sent il Committee for
Tie Te'iICn oil ITS phraseoi0gy ey-o permit an
important and substantive proposition assrrtng gr.,I
principle applicable in eli time to CON. TO the fur
Legislation OF The country similar subj cts TO be
gouen round eiher by leaving cut Alogeth or by
The use OF language defea ing its object | earnestly
trust tiey will not. 1t is perfectly evident that the
public mind will not be satisfied, and that il ought not
TO be 81 Tie coisruction put upon this artic Ghe 25
by the three last named gentlemen should ,teva,i
the time may, ard in all human prob ability will me
VIII. the eope will have saiiled upon ia M MOI bat.
talIon only, but an army OF civil pen .oners c,nno,
contemplate such state OF things without the cxirem-
es' fepugnance, ami without being npsl by luz
porous sense oil duy TO my constituents TO endea
| 10 avert II. by all the means in my power.
Gentlsnen may possibly imagine, tiat my course on
this subject, is dictated Ivy some private grief some
Pque OF Prejudice again the Judges or sone OF them
God forbid that such should be the fact SO IA, from
this being the Sir, there sits ON the Bench If the
highest Tribunal in this Safe, gentleman,
To me by every ue tat ssnc,ify the aiIe cons of
man. cannot, nevertheless, through tenderness 10
the gentlemen. Tor many OF whom feel the greate,t
personal respect, who happen to occupy present. the
seats OF Jusce consent 10 eniaied upon nv coun-
try, the most grievoSs and oppressive Judicial sys tn
Is not fact, perfectly noSrou that IN some parts OF
the SiaS, for months aud years the Temples Of Justice
have ben closed! That the suppicsions Of the widow
the cries Of the orpansnd claims of the no Dr. bav
passed unhcsrd aud unhccded Yes Sir il il am indi..
putable iac tatin numerous Instances the deldUs OF
justice, have amounted to denial it, THE stale of
I ings has continued too oUg. IL 1, grievance too
in'oefa'le to be "a iently borne The thing was ut
done in corner-it IL 'orous. Is il wise then 10
tie up the hands OF the Legislaurei TO restrain the
power OF the representative OF the people, to modify
or abolish, from time TO Tim and to Te.organizs the
Courts 81 Justice, in such the public good
may require without creating a necessity Tor con,inu.
ing al The same time, privileged ordera band Of c
vii pensionersa set Of useless incompetent Off
cnjOying salaries at the iblic expense without
rendering equiv dent service? The, it appears to
me- s wing The idea of judicial indie 5endence 10
perniccus ext enc, while il betrays the want
OF JUS confidence in the wisdom and int grity OF the
Teptess natives OF the people. For myself deer, il
my duty, far may depend upon me- TO secure 10
the people, ether directly by their
real, nominal responsibility of their off cer, ia
all the departments OF heir government. To my mind
Independence is one ng-iTrespoHsibifu is another
and quite di0srsnt Thing. You create responsibili.
" n the officers, ia all the departments the judicial
only excepted. Why this distinction? I know of no
hing ~ the situation, or functions Of judicial sny