Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-12-04
Dtrg1nta Nrgus.
FRIDAY, DECEMBER 4, 1907.
r / G II NJ o N ID (:

AS the General Assembly of Virginia
VIII commence their session on Monday
next, we take the liberty of recommending
to their particular attention the important
subject OF the Judiciary of the United
States.
The extraordinary proceedings in the
case OF AARON BURR, SO severely and JUST
~ censured by Lncius in his eloquent let
tiers TO the Chief Justice, (two of which we
nave now the pleasure OF presenting to the
readers OF the Argus) clearly shew that an
fndcfendenf Judiciary (that is to say, a
Judiciary not controlled by the laws, and "a
bore the fear of violating them) is a very
perncious thing. That the federal Judici-
AIRY is, in this sense of the word, indehen-
dcnf, is perfectly certain; since no power
at present exists by which it is probable
Judge could be punished, even for palpa-
bic treachery to his country and wilful per-
version OF the law; trial before the SUI
Preme court OF impeac hments being only a
so emn and expensive farce.
Every friend of a free government must
wish the members of the Judiciary to be
independent of all improper influence to
be free from the smallest suspic on of being
governed by fear, favor, or affection and
to enjoy salaries sufficient to set them far
above the temptation of bribery or corrup-
ton.
But this desirable independence of the
Judges is very different from that which
p aces them above the law ; enabling them
not only to legislate by their decisions,
but to vary from and dispense with those
decisions, whenever it suits their purposes
1t is evident that in delivering his cpin-
ons In the case OF Burr, Judge Marshall
ti,at i,.t. ,I,a l..
ter OF these two species of independence
that lie felt himself to he iegisiafing on the
subject of treason, and even dispensing
with the law which the supreme court OF
The United States had previously declared
on the same subject that as he look ed
down with contempt on the opinions of the
people, so also he was conscious OF being
above the reach of punishment.
Bat such state of things ought not to be
tolerated in free country. No person
should be above the law ;-and, especially,
those who interpret and Apply il to the ca
ses # others should be compelled to obey
il strictly themselves. True il is that a
Judge ought not to- be furnished for an err
ror of opinion, where that error is not pro-
duced by an Improper biass. But where
the opinions of Il Judge are found to be con-
tinualiy or Systematically hostile to the IL
herties of the people, or injurious to their
safety, even though no proof of corrupt
motives-can be exh bited against him, he
ought To be removed from office.
Offices onght not to be considered as the
property of individuals, Bur Qffhe hubHc !;
and thosc who FL: them are only trustees
| Tor the general good. They do not hold
their honors and salaries for their own
sakes that they may live at ease and fat
htt I,
purpose performing useful and laborious
duties, for which they are entitled to, and
| ought to receive, an adequate compensate
on. removal from office ought not there
fore to be considered as "A punishment for
crime; neither ought it to take place in
those cases only where crime has been
committed.
| A want of skill and knowledge in the
! law, detect of unde TsIanding, or the pos
sessing and acting under the guidance OF
erroneous and dangerous principles, are
! AL good and sufficient reasons for remOv-
| ing a Judge from office-If the point IS fire.
| Iusn,ly otherwise considered, 1t must ari &c
! from tAe mis- AIKEN impressions generally
ent rtained concerning tho indepence of the
I Judiciary, or from the idea that the Office
is the property of the JndgV who holds it,
and that he ought not to be deprived of his
| FroHerty without conviction Of a crime !;
| opinions which are certainly contrary to
| hose laid down in the Bill of Rights of Vir-
| ginia as the foundation Of all good govern
ment.
Yet, for none of these garing defects, can
| Judge he removed from office, as the constitu
| ton Of the United States now stands.
1t is time, therefore, that an amendment
should be proposed authorising and requiring
the President 90 remove any Judge from office
at The request Of a majority of both houses of
! Congress. Such an amendment could not have
tie effect of producing any improper influence
on the minds Of the Judges, or Of diminishing
their legitimate and useta! is{etenleace. a good
! JHdgc world never be prevented from doing
justice By the fear ofiosing his place, and bad
| ONO ought to be subject to the wholesome CON
r Of ms country. The opinion Of tic maio ty
OF both houses of Congress wouid generally be
on the side OF Justice and, If IL sometimes
erred, Iii better in free country that the will
ofthe people should prevail, (thc government
being instituted far them and to be administer
ed according 90 their gyishes } rather than the
will Of few persons, whose interest (being in
cofiict with that of the great body of the com
munity,) will much oftencr lead them to do
wroaS.
| All human institutions are imperfect; but
the proposed amendment, though IL would not
/ be altoge s.cr free from evil, would. most as
suredly, be great and important improvement
| to the constitution Of the United States.
/ We hope, therefore, that the General AS
sembly of Virginia, always ardent and active
I in the cause Of rcpublicanism, wi;lnOt be hind