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Kaminski, John P., et al. (ed.) / Ratification of the Constitution by the states: Virginia. Supplemental documents (part 2)
[10B] (2019)

Remonstrance of the Court of Appeals, 12 May, Virginia Independent Chronicle, 21 May 1788 (extraordinary),   pp. 544-546


Page 544

Mfm:Va. 193
1 93 Remonstrance of the Court of Appeals, 12 May
Virginia Independent Chronicle, 21 May 1788 (extraordinary)
ta OO lRT ofAPEALS,
lahdd -at the Courthozfe in
Richmond, on Monday, 1A3
12th of )1ay 1788.
ON Con:deration of a      late API of j'
'.' fembly, intituled '     A l Ella-
bl~ihing Diftria Courts*' afterfevcrql
Ginference; and upon inature belibera-
tlri,- the Court do adj&?ge cha: Gkris
of the faid Courts oui'ghz not ncw ro be
appointed, for Reafons confainea' in a
Rimon/rance to the Gentral fem.bly
the Wordl foloVing, to w.t:
Td the Hon! the SPEAKERS and
bthcrMEMBERS ofthc SENATE
and HOUSE of DELEGATES,
of the COMMONWEALTH Of VIRa
mIA, in GENERAL ASSEMBLY.
The refper/uI RhMO N-
STRANC E of the
COURT of APPEALS.
ItE 1ndUm&0a6ls finfling thcim
felics called ipon,by a late a(l
of the Gcner:;l Aveftebly, in-
tituled  "  An  act  e/abliA 'inZ
&L       Dirict Cvurrx  ib proceed at
Ih i felitir to the appommrtent'of Clerks t
the fald courts, that whole a& 0a necefTarily
brought itltd their view; in confiderinF-which
they encountered many dlfitultits, bi an or-
-dinity n1ature, [bch as, whether their power
of appointing now, though direaed by the
fccond rIionii was not cntroutied by the
ni6th, declaring that the act thould take effect
and bd in force from and after the firfl diy of
-July, in the year 1g9, arid-not before j whe:-
tsher the Diffria Courts have juiifdfifion of
'any fuits now depending in the General Court
of above [30 valuet whether any, and what,
provifion was made fot the trial of-criminals,
who might remain in thd Public Jail after the
fellion of'-the General' C6ULit in June ritxr,
or who might be examined and committed
prior-the faid firfl day of July ; Abd whether,
f[r want of pretiflion in feveral other parts of
t'h law, it wai- in the refpective Eafes, to
opcrate from the time of palling, or (rdn the
firt day of July. (rrtoher inflances, particu-
larly in the confaruion of the late cxecuti-
n law, rrgularly' bi-dguht before the court
this term7 they have to Irnent the laft diffi-
culhy, which they: fourtd fo grcat, that ni-
thing bmt the reporf of 'the community, ard
the.neefTity of having one uniform fyticm np
..that refpeat could have.. induced the cowt to
decide upon it, it lea without farther co!dfi-
deranton.)
But in the progrefs of their dirculion,-they
found it unavidable to confiter rtiore iriipor.
tant queflions, viz. Whether the principles
of this ac6 do not violAte thfe of the Conft-
tution or form of 1Ooverninerit, which the
yecyleirv i 77 , when the former bands of
their fociety were diffolved, eflablihed as the
foundation of that government w'hich they
judged nc*rlfary for theeprefrrvation of tbhr
perfons '2nd property; 2na if fuch violation
were apparent, wvhcther they had po vtr, and
it was thrir duty to uIeclarethat the aa mult
leld idthe Con iltutio'.
And here they have gain to- lament, that
Lce-ihoukd-he occton-tp cide thofe im-
itntquiljns in any.cafev efpecially at a
m! when the minds ot the ciizcns are :%i-
tated upon other gi2uziions of gwrat and nati-
onal concern, more fo that thc necelitythould
occur in n cafc wherein their individual inte-
refis are involved, and (ill more, th4.t-a di-
cilion one way might fufpend, though for a
fhort time, the bcncficial cffts of a law
tcnding to promote the fpeedy and-cfy ad.
minif ration of juice.  .
On this view- of the fubjca, the following
alternatives prefented themfelves to the court
either to decide thofe quefliois or refign their
offices.  The Litter would  havc been ticir
choice, if they couId have confodered the
queions as afte *g uhcijidit idual interets
only i but viewing them fs relating tp their
ofice, and finding themfelves called by their
country to (utklia an important poft as one of
the three pillat-s on which tbe great labric of Go-
vernment was crerled, they judged that a re.
figri2tion vould fubjeal them to the reproach of
deferting thir Pration, and betraying the facted
interefts of faciety eetlrufed with them, an644


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