The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-12
THE ENQUIRER.
RICHMOND, JANUARY 70, 1908.
YIRGEwlA LEGISLATURE.
HOUSE OF DELEGATES,
WEDNESDAY,, Jan. 6.

MIR. Barbour moved to discharge the COM
mittee of the whole, from the consideration
of the subject
MIR. Barbour said that he was averse to
going into the order of the day and was for
dIschargipg the committee of the whole from
further proceeding upon the subject during
the present session. ltwas acknowledged BY
all that the subject proposed for considerati-
on was amongst the most important of any to
which the public attention had been called,
since the adoption of the Instruments which
was sought to be amended. The indepen-
dence of the judiciary of the other depart
ments and a stability in the tenure by which
they hold their Office, was in America q pr'n-
ciple lii the science 6f,politics, which had,
been cherished with peculiar affection. Il
had been sanctioned by the most, profound
writer's, it boosted the appreciation of tic
Sages and Patriots who formed the state con-
stitution by the galaxy of talents which con-
Tened for the palpose Of framing the consti-
tuition oFthe u. s. and finally the value of The
principle had been confirmed by experience
The most infalibie ola tests. Ec was at IL
bert" to say therefore, As the dependence Of
the Judiciary was a principle of polit; hat
had lately become fashionable in Am, .iea.
th;,t the measure proposed WAS novel in it,.
nature, and daring i'll its aspect; but he G.A
not wish to be understood To s7v that no
Change ought t1takc place, for if lie wurc
compelled to vote he was willing to 20 thus
far; that if two thirds of CONGRESS- agreed
upon the uniitncss Of Judge to hold his of
hce. that he should be suspended until an APP
peal could be made tothenatiot through the
medium or an election, and if the same ma
lcrities approved the senteIa c OF the prcccd-
ing Congress. q removal should take Mace.
Although he did not mean at this time to SO
ialiy INTO the merits Of the question upon
motion to postpone, he would succinctly state
that TINS amendment, it appeared to him
from the curS0ry view he had been able
to take OF the subject. would combine, the two
great desidcrata III the judicial department,
the responsibility OF the judge to the will o. Che
Puhlc and at the same give such security
to the tenure by which he holds uf Office. as
would rise superior to the vicissitude ofc,i-
Mons and the cGnlct.'of parties. 1t wcslld
also saN e al the DELAY, trouble and cxpcrcc.
incident to the present mode of trial By i'm
parchment. 1t would have this great aivan-
tage, there would DC an opportunity Of an
appealto the nation and If its by their will a
judge should be removed, he would bc so.
He thought it. necessary to make this
statement, but it might be Inferred that he was
hostile to all innovation, he was far from It
distheory, was that the science OF politics was
IN a state OF progressive perfectiblity and
that experience i'll the Course of time would
perpetually suggest the necessity OF amend
meut But ne approached the constitution
with reverence and affection, and before he
was prepared to give his consent TO any
change, the evil as well as the remedy mast
be obvious. He was averse to deem nla,.i II,
public as well as private life, and it seemed TO
him toborder on raShness for a nation in the
iuli enjoyment OF political happiness sudden
iy to plunge into the great ocean of expert
ment and consequent uncertainty when the
advantage to be gained bore no proportion 20
| the stake that might be lost
When then proposition is made to change
the constitution, too much time cannot wen
DE consumed in dclibcration, in addition to
when ne thought the people ought to have an
| opportunity OF rejecting upon the change
that the representative might freely com
mune his constituents and earn their wisl,es
whether any and what amendment W., oc-
cessary. The different amendments which
gentlemen propose arc numerous as well as
| various and he believed it was impossible
tor gentlemen to say which of those numer-
GUS amendments would obtain the sanction oG
the public will 1.-THE question was suspend
ed, the question from its interest and the ten
ldcncy tits calculated tohavc upon orr future.
ldestnies, was calculated to cali folgl the
Prudence OF every head in the collision of
| different opinions and different views of thu
interest of the republic, might be expected.
| 10 tins 1t may be added that the present time
lis peculiarly unfavorable to melting with the
constitution. The Importance of Cur foreign
lrciations was sufficiently great to concer
tra,' the public attention Upon that subject
the prudence ct every head and the cncrc-y
of every heart should be drawn 10 focus
and their glow with the intensity of ardor.
Could it be right in this situation to he
projecting amendments to the constitution
which might have tendency to divide the
public mind and attention? Or is il not more
propgr to take such subjects into considera.
ton in the calmncss of peace; than when the
political horizon seems over cast with a Dor.
tentous storm. To him it seemed rs iriudi-
cious as would be the attempt of an indiyidu.
al to uuroof his House during an hurricane
lie said there was with him another reason
the recent occurrence in this place has eiver
a bias to the mind Incompatible with that
unrutfled and deliberate state ofmind so in
dispensible 70 the drawing of lust conclusi.
OnS Let it be admitted that in this case the
result of the trial was far different from the
lpubic expectation and that tic Justice of the
lcomtry has been deprived of a victim which
public opinion had surrendered. Yet The
mind which hcrmits Itself to be Influenced
by an individual case so much as to be will
ling to abandon great and settled principles
viii forever conduct its possessor into mex.
Ipicable difficulties. How often nave we seen