Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-09-06

a. the errors OF t1e judiciary, the general voice
:. ould condemn, and the general power pun
;,b the rs.nmpiion. No excuse could be found,
arising from the intimate connexioB of The Two
hra.. hes Il could no, he argued. that the boun-
dsries - The provinces approached so close,
that an incautious or nogligen, step bad mad
,erteotly passed the line. There IS no similI-
,ude netween the authority which makes or exc.
cute. and that which consirnes The laws. Let
II. bow.yeI By no means be inferred that We
mention the excuse which The judiciary may
Mead as any justification for thu Judges, when
tbey do assume legislative power
The error arisesfrom the peculiar nature ofihe
eommon law Thai the constitution bases upon
certain great truths is the expressed " II of the
neoole and that the three departments of the
goysrnmeni are but different organs TO execute
that will in the manner and with the limitations
nrescrlbpd by the charter. That tile Damp
o,epce OF the legislature Is with us an uninteli-
gibje nhrasp That law, therefore, passed
Ly that bod, may be void, when il cnnrravenes
the provisions ofthe constitution. That the di
yesiing vested right or declaring that one shall
not enjoy a right TO which he was fully en-.
tilted by the laws in force AT the time his con.
reci was formed. (Which laws derive their
whole validity from The voluntary aconies.
cence of the people } by the passage of law
+ after the facts occurred, which originated that
rio hi. !, a violation Of the constitution.
+ II may be thought waste oil time 10 record
these truths as plain, however. MS they appear,
some OF them do not meet the appreciation OF
all.
The idea Of the legislature constituting Itself
a tribunal for the correction OF the errors and
reversion OF the judgments Of the regular
courts of the country, Is one we can scarcely
realize II has in it as much of The ludicrous
r
of law by body OF men, mos, of whom have
never turned their attention 10 the subject, in
rhe slightest degree, can only be performed by
cutting the Cordisn knot with the legislative
sword, for its intricacies can never be unravel.
led For we hold, that If any science demand
from its yotaries, lite Of untiring patience
aud Unwearied assiduliy TO attain proficiency
II is the law. And that same legislative sword
may sunder rights secured, il any thing can be
secured and render sacred by the voluntary
acquiescence OF centuries. The distinction ~
at once perceived between the Formation Of
laws 10 stand as the rule of future actions, or
the construction by affirmative statutes of past
regulations, which are in nowise 10 affect buye.
gone transactions, and the authoritative dec,
lara'on OF what the Jaw is III opposition to the
deliberate judgment of the tribunal whose
province il is 10 pass upon the subject; which
iegeS secured by and arising under provisions
III lnll force al the time OF the formation of the
contract.
We have always held as axioms the following
propositions. Undoubtedly, that law has the
property aud the merit Of adapting itself IN the
varying wants al ,n0n, and 10 the changes
produced ny TIME ~ the tsItaat0n OF a people
aud the Judges will in many Instances in ad.
hiaisierng rs functions fnd il difficult 10 dis
iinBusn the gradual YET legitimate expansion
OF lie PROVISIONS iIum the formation of an en-
iirey new rule oil action. What 10 onp may
appear but the necessary consequence of some
previously well settled maxim. The reason of
winch "ooid apply 10 aud direct new Gombi-
hHh"n OF circumstances. 10 another might seem
a clear "sarpatl0n OF the exercise Of the sove
reign power Of the State--thal of making The
laws. Distinguished men have differed upon
Ibis point; while some have held, with Lord
Manifold, the almost infinite expansib,lity oil
the common law, with others " Slhre decisis "
mas been the guide and linn of their decisions
However our Teaoers may lhink upon Ibis n-
porfant point we trust tina, all will agree in an |
opinion Of tire Improperly of legislative |
Judgment.
II is Instantly perceivable how a Course Of
legislation such as we have adyeried io,would |
open door TO injustice of every kind II it |
were once known that our causes were DOT to
he decided IN %, courts, and that a decision ,
OF point Of law by the supreme court would
not settle lhgated right, but that The way was
still open TO a Judgment By the legislature, in
The form of All act, declaring what the law
should be in regard to cases then pending
irigh'tu would be our situation. No law
would he fxed-no principle certan-the re-
cords and evidences oftbe law, would become
valueleSs aud deprived of all their sanctiv and,
The citadel OF a mans rights, guaranteed and
defended by the Constitution of our country. !
would fall at once be fore the breath OF the le-
gslaliye trumpet.