The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-26
TIE E.N2UTRFR.
RICHMOND, JANUARY Is, 1905.
YIRGEEL4 LECLsL .GyURE.
HOUSE OF DELkcA4Es,
FRIDAT, Jan. 8.

FRIDAT, Jan. 8.
DEBA7E e,r TIE .f,re,ianiezt TO mr. EcJerr5
Consifufi9n, reS@eciiag Tire .Tn9icia1v
Mr.. Dadc ofCp Wiilian) spoke to the fol-
Mr.. CHAIRwAW.
1t is With extrcrne difRdencc that
rise to express my sentiments on Inc subject
now under discussion. At tiiAlatc bour il
may seem ike re nerty 70 ohtrut!e myself
On the patience Of tho Committee But
when 'remember thas the vote wic;clf shall
give, VIII nc recorded on YOUR ou nails. and
will be sent forth classed probably With ;.
small minority, I Trust shall be excused
Tor attempting rs jnsti1cauian. have con-
Sidsred the resolution ;;cforc goa, az exhibit
ing question a t1e highest Importance TO
THIS country: as affecting orr CONSTRUCTION
not IL minor degree bat most radicalIv--
Sad'cally, repeat, because il, nv opinion
ITS odept.on viii prostr,le one of the pillars
ot inc &oveinmeGt. When called on To al
Ter or arhend the great ciidTicr Of cur free
DON, / VIII approach i with reverence and
timidity. J will be cauticrs how tol,e, even
one stone from the arch which supports cur
government, les 4 shculd be unable 70 re-
place 1t, and the whole fabric be Thereby
tuIn0ied INFO ruin. Let amendments oriei-
nate III the most mature deliberations Let
1t not be prompted, as fear .tis at this time
by spirit of iniignat on and resentment.
excited oy recent occurrence. ! viii eau
ton the committee against the DANGERS of in
novation, whist from the cause Just alluded
to, the pubic MUD is IN p state of ferIneut-
probably but for that circumstance we should
never have beard os this proposition. own.
Sir, apprehend it is more Che effect of pas
sion, than the offspring of sound Judgment
and mature delibcratioH.
l have long since learned to appreciate.
the dangers of that innovating spirit which
has been so often remarked. Is thcre man
on TINS committee who is inse, sibIe to it ,
Even the alteration or amendment Of one OF
your statutes frequently introduces a lone
tram of mischiefs utterly unforeseen by the
legislature How much greater the neril
when the subject Of reform is the constitution,
the sheet anchor OF our safety Beware how
You weigh it, lest your bari. be cast upon the
ocean, exposed to the tempestums fury OF
the winds and waves. History has fought
us, that the instability Of governments is one
OF their greatest curses. Let lis rrciit by the
lesson. When called oil to consider the cor
sutltlon ri my country, will not, like some
gentlemen, who have preceded me- disregard
the wisdom of ITS Trainers Experience g.
lone, and not my feeble powers sh4ll convince
me # their errors, BIT when 20 years ex-
perIcnce has, instead Cf c,3lcsing its defects,
Shc"n and confirmed its advantages, I will
not attempt an amendment OF the constit,,t;-
on III one OF Its most material branches. Re-
cause OF few UrimCortant causes cf Com
plant - objection because Chase has
been acquitted, because Q Burr mas ESCAPED
punishment, ] WIZ not, therefore, arraign
the merit OF the constitution o4 strike at its
vitdls. fla co'ntT, has enioved twenty wears
OF peace, oftranquilty, and happ:neas under
hcr "vstem Of government, the occurrence.
or few cases Of Inconvenience or even OF
mischief should not be sufficient arrn-
ment tor operating Il radical change With
me, from the period when I first formed a
distinct opinion on the po,icV If governments.
The independence Of the Judiciary has been
a fundamental principle. ! have been taught
70 believe that II is a fundamental hrincjhie'
IN all well organised republics. And to siic],
principles frequent recurrence is urged by
/ our inestimable Bill Of rights I have. bcen
taught to believe that the Judiciary of a state
should ever be established on 81 basis equally
elevated above the foul atmosphere of per-
sonal or private influence, and the boisierous
and destructive blasts Of popular prejudice
CT party violence But if the Judiciary is to
be placed under the controul of coordinate,
! branch OF the government If this weaker
department is TO be merged in the overgrown
power OF tic stronger, ! shall then trcmbIe.
not only for its independence and purity, but
for the liberties Of my country
This resolution presents two questions 20
| our view. Is the judiciary Of the u. States
too independent and Irresponsible And if so,
should itbe made dependent on the legislative
branch Of the government, acknowledge
the force Of the axiom that the corsti,utSd
should generally be inneaiafcLy fcsucns;blc
to the constituent. But deny it, application
othe present question deny that you have
attained its object when you cast the i-dge.
not on his constituent (the people, bat IN
the representative Of the peoplc. fd.nyt5o
that the maxim should prevail to .hr satcnt
'owhich the gentlemen would c4sry e., 4aeis