The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-14
TIE ENQUIRER.
RicIMoNr, JANUARY IA. 1908.
VIRGI.NiX.A LEOISL .dyURE
HoUsE OF DELEcAYEs,
WEDNESDAY,, Jan. 6.

OBB63E on me Amendment TO the Federal
Constitution, RESPECTING the Judiciary.
Mr.. Tucker, spoke nearly to the following
effect:
MIR. Chairman-I should not have risen at
this very late hour, to address you on this sub
Ject, but that do not perceive,any gentleman
disposed to offer to you his remarks Per-s
haps indeed, this backwartlness may pro-
coed from their Indifference respecting the
amendment, that has been proposed by the
gentleman from Amelia.
Mr.. h, rose, and withdrew his amend
ment.
Mr.. T. shall then proceed, MIR. Chair
man, to advert to that part of the original re-
soiutionS submitted by the gentleman from
Brunswick, which is now under the conside-
ration Of the committee. The amendment
to the federal constitution, proposed by that
resolution, is, l conceive, a measure big with
the most important consequences. 1t is of in
hnitcly greater magnitude than any other sub
ject which has engaged our attention. and I
hope it will be regarded as such by the COM
mittee The public mind, is in state of anx-
lous suspense respecting it. The people have
been In the habit of viewing certain great
principles of our constitution, with partiality
and vencration. They remember that they
have been secured by the best patriots we
can boast of, by men calculated to give to all
their acts stability and renown. They are
well aware that among these sacred prinoi-
pies, our ancestors have regarded that indie
pendence Of the judiciary which is to be
sapped by this amendment, as among the
surest projections, of the rights and liberties
OF the people. We cannot but look back
with pleasure and exuitation TO the weight of
talents that has been enlisted in the defence
OF this provision of the constitution We
Cannot but recognize amongst its defenders
one of the most ilustrious statesmen, and the
most eloquent man of whom Virginia can
boast The celebrated Patrick Henry, tie
apostle OF liberty, whose name cannot fail to
excite in every bosom emotions of patriotic
pride, who was amongst the most ardent as
serters OF the necessity OF judicial iEderen-
dence He who stood forth, ever first in the
support of the rights Of his country-whose
bold patriotism called down on himself tie e.
pithet of traitor, from the fr:.nds Of tyrant
OF the eastern world I: He regarded the Dro
visions which secured judicial independence,
as among the best preservatives of liberty
Nor less was that man who now stands at the
helm of our political affairs, and who has so
long enjoyed the confidence of the people at
tached to q principle which in the DAYS of our
revolution, I'll united to admire The OBI
nions or this man are on record in the coun-
try, and the sketch of constitution for this
state, framed by himself will bear testimony
to his convictions in behalf of those constitu-
tional provisions which have been intended 10
guard our state judiciary from dependence
on the other branches OF government. But
the naXiIns Of past times are passing away
and those principles which our sages s. pat-
riots could not reverence too much, their des-
cendants cannot respect too little. An at
tempt is made to strike from OH, constitution
this important principle-And when is this |!
At moment when the prcjudiccs of the
nation are in arms: When man has been
acquitted before a federal tribunal, who, we
believe ought long since to have eXpiated his
crimes on a g:bbet: At a moment when we
are disposed to permit single disappoint-
msnt III thc result ofthc prosecution of vice to
overthrow our general principles: And, when
the escape of one criminal has through the
medium ofour feelings, had a tendency to Gre
ate doubts OF the excellence OF our system
am sorry, Mr.. Chairman, that gentlemen
should have thought itpropert to suggest such
an amendment, at time when such preiu-
dices have been excited, and that in doing so.
they hazarded the vital principles of the con-
stitution, by exposing them TO the operation of
feelings of resentment and indignation But
siilceit has been done, can only caution the
committee against deviation, at such a
time, from the established maXims W. have
ha5!tualiy revercAced, and urge them TO take
a Calm and enlarged view of this subject, &
to hold fast by the constitution, unless argu-
ments the most irresistible, should demon
strate the necessity of yielding up this great
provision.
The opponents of judicial independence, as
secured ~ the federal constitution. and the
gentleman from Wythe, on this occasion, Of
fer variety Of objections to the system as it
at present exists. shall not, Mr.. Chairman.
make the vain attempt to follow that gentle
man at this time, through ali the various 20
sitions, arguments and illustrations with
which he has endeavored to effectuate his
end. 1t would be a work Of much difficulty
even with the maturestr to reduce his
remarks to such a system as TO admit of a
clear examination of their correctness but
rising as have dore, immediately after him,
cannot pretend to arrange them methodical-
ly; and shall therefore content myself with
enumerating some Of the general ob;eS.ions
made to the presen. system, and on which the
gentleman from Wythe has also insisted.
We arc told, sir, among variety OF other
things, that a judge may deserve removal,
but that there is no power adequate IN ef-
feet that desirable end: that neither inca
pacity--insanity --idiocy, dotage, nor any
cause but the commission Of indictable often
ces, can diSqualify him from continuing to
hold an Office that he djsgTaccs: that the IN
dependence of the federal judiciary has oc-
cHoioned them to pronounce as law oDinions