The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-19

Nfr Oh thStn Ae snohld not only be pure and
spotiess, but he should not be suspected of
being corrupt; malice should not dare to
breathe an aspersion against him, which he
should not wipe out in a moment Female
Hcharacteris scarcely more delicate than that
or judge; he loses half hts worth, the mo-
ment he loses the confidence of his country.
and his official conduct will never give salts
faction so long as he labours under load of
suspicion. f,s..
And, sir, have we not every reason to be-
lieve that nothing will ensure the imhariai
remuneration of justice, but some such al
teration as the one proposed in our constitu-
tions What WILDE the situation of a Judge who
is removable from office by address Of both
houses of Congress! He will know, that
unless he acts with dignity and impartiality
he will not escape punishment. He zvfH feel
the necessity of maintaining pure charac-
ter-He will knozu that his decisions are not
to be influenced or biassed by the little, bu-
sy crowd around him, but that he will be
judged and tried by the great tribunallo f the
people. He will know, that his interest is
blended with that of the community and is
inseparable from it. Correct and impartial
conduct alone, will secure him continuance
in Office. He will feel every inducement to
act correctly and will know that the mass
OF the people, though they may be some
| times wrong for the moment, will not be long
In error. They ultimately will think cor
rectly.
These, Mr.. Chairman, are some of the
great benefits which will flow from the con-
templated amendment to the constitution
There are many others which do not think
1t necessary to detail. will now, sir, en-
quire--what is the independence of Judges in
England! Do they or do they not stand
ON higher grounds than judges in the u S. /.
| There is one fact, which remember to
| have seen some where in the history of En-
gland, which by no means authorizes AN O.
] pnion, that judges therehave been perfectly
| independent. Alfredis said to have hanged
one OF his judges (Cole) for sentencing to
death a nradman. This boosted judicial in
dependence did not then eXist.--Yet, under
the reign OF the celebrated Alfred, Justice is
! SAID tohave been brought to every mans door
There are twoimportant and obvious atlvau-
tages in favor of judges in England. A Judge
In the y States is only removable by impeach-
nnent, which impeachment must originate in
the House of Representatives and be tried by
the Senate OF the u. S. In England Judge
can be removed from Office by an address of
a majority of both Houses of Parliament
This is one feature OF difference In the u.
States-thc compensation of judges cannot be
diminished, during their continuance iii Office.
In England, the parliament may diminish
the compensation OF Judges, at their tliscre-
| ton, during their continuance in office Here
then, Sir, are two obvious advantages which
Judges in the United States have over Judges
LII Eng and. They cannot be removed but
oy impeachment-they cannot have their
salaries diminished during their continuance
in office. Fora clear and satisfactory proof
OF the correctness of my ideas respecting
the relative independence of Judges in
the United States aud in England, I will
reter the committee to very able and cele-
brated speech delivered by Mr.. Gilesin the
House OF Representatives of the United
States, on the 18th of February, 1907
II mat able statesman, supports thedoctrine
Tor winch contend, that judges in England
arc less independent than thev are in the u.
States The independence of the English iu-
dietary has been the boast of that country.
and we now hear the complaint, that we are
sacriiclng the independence of judges in the
| u. otates. What are we to think of their
| complaints when we remember, that Judges
with us are more independent than they are
| IN England, and that there is here less neces-
fty for this independence
| VIII now, Mr.. Chairman, refer to some of
the constitutions of some of the states in this
confederacy and see what is the amount of
judicial independence in those states. I
perceive that the committee are indisposed
| co hear any tarther discussion of this interest
ing SUBJECT, but a sense of public duty COM
| pels metz pursue this inve8figation-I hope.
| they Will pardon me- In the state of Mary-
land-JudgeS hold their commissions during
good behaviour" and are removable for
misbehaviour" on conuiction in a court OF
ld9o lin the state of Georgia-judges of the
supreme court are elected for term of three
gears. In the state of Observation-Disclosures
mold their Office during good behaviour and
! are removable on address of two thirds of
both branches of the Legislature The cause
/ o. removal is TO be stated at full length ON
the JouTnalS OF both houses In Pennsylva-
nia---the tenure OF Office is during good be-
haviour" but in that state Judge NAV be
removed by the governor on address of two
thirds OF each branch of the Legislature. In
New Jersey The judges OF the supreme
court" con,inue in Office for seven wears.
Judges OF The inferior Court OF Common Pleas.
IN the several counties, and justices five
| years '-and any Of them may be dismissed.
when guilty of misbehavior, by the council.
on an impeachment of the assembly. In
Massachusetts, the tenure of office is during
good behaviour--but the Governor. with
the Consent OF Council, may remove them.
upon the address OF both Houses of the Lee
Si5latGre" The Constitution of Ncw-Hamp-
SHIRE declares, that no person shall hold the
ONCE OF judge of any court, after he has at
tanned the age of 70years." In tho state of
Connecticut, the judges and justices are an
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