Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-09
FOR the ENQUIRER
The .NEW CO.NSTITU1TO.V examined, anc
compared tciih the od.-NO. w.

compared ,cith the o'd.-NO. v.
ARTICLE v.-S.c I.
ms whole article relates 10 the judiciary system of
thu Commonwealth.
The three first clauses of The 1t section J.c,,. IA
'the Judicial power shall be vested in Suprpm.
Coui, OF Appeals in such Superior Courts as the L.
g'slatuTe may from time tine orian and IN
nd the Judges thereof, in the County Courts and in
justices OF the Peace. The Legislature may also yes
such uisdc,ion as shall &c deemed necessary in Cor.
pora ion Courts, and in the Magistrates who NAV be-
long to the corporation body The jurisdiction o. ,bes.
Tribunals an oi the Judges there f. shall he regulated
by law"
The language OF these clauses /. borrowed. in mar,
from the Sd article, st secfon of the Federal
tn ion which dire that tn judicial oooer of thu n
n'ted S'ates, shall be veStci in one Supreme Court
and IN such Interior Courts the Congress man fou
time 10 f'me orddin and establish 1t does not a all
resemble the 18th section OF the old Constitution Is hich
merely says that "thc TWO Houses shall by Joint bal.
lot. appoint Judge. of the Supreme Cou,, Of Appeal.
and General Court Judges in Cbancery, Judges OF All.
Ii seems IN be clear that a Supreme Court nj An,
peas and the County Conr are Constitutional Courts
and rs srch, are placed beyond the control the Ieci.
aturc that IL, the Legislature inn.t establish +, Su
preme Court OF Appeals, and after il is established they
cannot abolish They NAV decide the number o,
which /, shall consist, hut If that number il 6,eJ
presume csnuo' be diminished by law long a. the
court Is iI, or until tie number shall be reduced by
death, resgnstion removal. Indced such has been
the construction by General Assembly Of The rro
v''i"n OF The old Constitution. Thus in 1906 whyn on
inc J. siy'alOn OF Judge Caring ton, they wished
reduce the number Of the Court three; thew passed
an act, by which they declared that the Court shoud
consist OF fur members, Ohe then nunbei) until hv
dan or re'ignaii IT should lie edu ed 10 hrse when
II should consist OF that numher.-rhe LEGISLATURE
however may afterwards increase the NUN er If hsy
'sink proper. as they have heretofore done
The County Courts as' Constitutional Courts
which cannot be abolished by the = gi-lhure and hey
must lie com, osed OF Justices Of the Peace and nv he
seventh section, vacancies in the County Courts are 10
We supplied in the that Il ey arc now sur
rhci, tlat -, by appointments al the Executive OH 10
commentator of the respective County Courts So
that the County Courts, and the membep Of whom
they are composed and the raunr snpopti, - the m
are placed hsyoud the control OF the Legislature They
may however, vary the number o. justices who ar. 10
compose thos" courts thov think proper: and ure
the tenure of their off is 70 be determined bv
the law, since the Constitution does not AZ in the case
OF he judges, ascertain H.
On he Legislature, howe. err will devo'v. tb a. du,s
Of regulating the Jurisdiction Of these CONSTITUTIONS,
Courts, IA wei as OF the other which are not con-
stituonnl Thus. 10 he Court Of Appeni, thew nav
sign The mh0le OF the dicih power which i. pr,ner
~ caied appellate, or only Pnrt OF il. They NAV
give them appellate criminal iurisdicon az well nc
that OF chancery and common law. Ttev NAV give
u EN- jurisdiction Of fact, welt Of lor and NAV
nj 10 subjects OF the smallest value Or thev may
Withhold such part of tina, appellate power a. 10 ther
NAV seem just and expedent.
There is another chs OF Court. in whom por,io,
OF the Judicial pow sail he vested over which the
Legislature will have greater cou'rol than over the
are
nch Superior Courts as they may, from time to lime
ordan and es'ahli-h.
tVer -in"" he case Of Hamper Enickins in which
he General Conrid@oded hst the Leg laure could not
confer 'h,ncery movers on the General Court Judges.
shg as District J"|Fe wi'lou' APPOINTING and com
missoning hem a Judr,s in Chancery: ler. have
been frequent efDrs made 10 unite he two nrisdc.
mons by authorizing The election oi the judges Of the
General Court Chancellurs and the ih,nceIlars PC
Judges Of the General Court. They have bere,ofor.
hi'e', and principally constitutional rr9urd, Ru,
h"'e mn e''re1's a'e now Temov' d., AMI the l. eisa
urr vii, in fuuio, eVercisc their own iudoment and
'tSe'e'ion IN the subject. They NAV uni'e or SOMA
rate the iuiedc'ions thew think proper Nav f.r
''r' th"y should in h'r hrsorg ioE o; the Su
neror Courts, blend the two gowers in he same courts
'hry NAV afterwards, on finding that the arranocment
il 10, pro meve of The public inerrs ,lish ,bos.
courts and establish otDrs in w ch The iu,idiction
VIII b" p'raed or rice Uersq; or hey have mower
from time to Time ordAin and establish such
Courts a Tn y may link proper. II i. 10 he Lop3J
however, ta' The Lea'-l4ure will act in his matter
WIN Prea' elaboration; hat th"y viii. in tn first in
'ance' Fs'ahI-h system which w he well suited 10
me wants nj the STATE, and which viii ensure the cor
rect the able ard expedlus adnini.tra,i ~ NJ ius,ice
and That when it i established they will 10. ca.
pIciousy change il, hut adhere it, iii an enlghep.
cd experience points out it, defects
The Corporation Courts will likewise he leo courts
and may be moulded in such manner as the Legisla.
iure may think proper.
The Judges Of the Snprnme Court Of Apne,Is and
OF The Superior courts s. all holl their of; @. dutirp
GU. "'i 7N."'iT' 4" uhll renewed in the
scrlhed IN ihis Constitution BY the Old Constitution
thry were TO iod their Offices during good behaviour
and could only he removed on Impeachment
Ard 'hli at he same lime bold M other Office,
anpotn'ment or uublc 'rus and the acceptance ~ ere
ct BY ei her OF them shall varae his iudjcisI Office
lhl' Il re frclv new provision Some of our Jnd,e 90
nave been occasionally elected bv the u. lie 10 th.
ohce OF b'ecioT OF President and Vice President of the
wv Ell Nhrs-a ore time, law requi ed the presiding
!une' OF hF Court o App"als 10 director of the
b'S''ry rn"d, which office di-tiug ish4d Judge re-
iused 70 accPp-anoher judge at another time was
called "u by the s'oct 0i!ers Of tn James River Com
pdny 10 act ~ president of tieir bosfdand otbe
were elected 10 he late Convention These appoip nj
n"n's were not thought nv those who accer'. 4
hen. nor hv those whn conferred tiem to he inrom
pA'ible with the Jndicil Off o. The Corve,,i,n
no" ever, seem to have thought Otherwise They
were ~ opui0n ha' Judges ought ro in ,heir oH a,
CHARACTER % in'eriAx with the iurmos OF par ~ rife
nor To engage IN other public employmenf which will
distract err minds from 'he constant and faihtu PER-
iomance Of h'ir Judicial fiuc,ions The Inhibition il
not eNcn'ed 10 private trusts, ard, there re- ure
'mme WIZ not proven Judge from being Executor or
Administration or Canadian, or from PERFORMING other
duties OF similar c1a'act r. which being upderakeu
al ne Request, and for The neff of private persons
OUGHT not to he idcred ~ coming within the rule
But as Of these trusts are conferred by the Conr
aud there may be some doubt whether the duties as.
signed may not lake teir character RON tIat OF the
dpP0Httng bOdy in-iea OF the nature Of the duties 10
be performed II may be wen that the Legislature
should, 10y geacrll law, define hs M aiming of those
terms. ii would be peculiarly pop~r Tor The Iegis-
aiure to give the definition, since both branches are
IN one case, and the Senate in another the ipdpys nj
the JUDGE With ibis undef staining of The ciau.e
the provision 10 me to be an eXcsleHt one ,ni
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