Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-19

IN last Tuesdays Argus we gave CON.
pendious, and, we trust, an impartial state
ment of the most important arguments ad
duced in the House of Delegates of this
commonwealth, in support of and against
the proposed amendment to the federal
constitution relative to the judiciary. That
amendment has since been agreed To by
q very large majority of the House, and is
at present depending before the Senate.
We shall now take the liberty, which, in
this happy country, every citizen enjoys.
of submitting to the consideration of the
public, our own opinion on the subject, and
OF supporting il by few observations.
We conceive the weight of argument is
decisively in favor of the amendment (as
it WAS adopted by the House of Delegates
authorising the removal from Office of any
Judge of the federal courts'by the votes of
majority Of the suhoie number of Represen-
tatives in Congress, and of a majority of
the Senator'S present zuhen the question is
taken se
1t seems to be generally admitted that
she Senate or the United States, as a court
for the trial Of impe achments, is very bad
" constituted; and that little expectation
can nationally be entertained of the reno
val, evenof corrupt judge, by such tri-
buaal, where the votes oftwo thirds of the
members are requisite for conviction
1t never has been expressly decided by
that BODY that a Judge cannot be convicted,
so as to forfeit his commission, without
proof against him of some indfctable of
fence; but that he cannot be removed from
Office for general weakness or incapacity,
or for Systematically, though conscientious
~ pronouncing opinions hostile to the peace,
safety, freedom, or other essential interests
Of the United States, is pretty well unde r.
stood; since, for no Ignorance, however
gross, for no decisions, however erroneous,
where not obtaiRed by corruption, or pro-
duced by evil intentions, judge can be
said to have violated the tenure of his of
fee, which is during good behaviour.
To secure, therefore, the people and
the state governments from injury and OPP
preston, a-change is necessary in the te-
Anure of Office of the federal Judges, as well
rs in the tribunal by which their conduct
should be investigated, and their fitness, or
uniitncss, for continuing on the bench as
certained
Z, If a perfect theory on this subject could
be reduced into practice, every judge who
is learned and upright, attached to the prin-
ciples of our free constitution, and deter
mined to support them, with strict impair
hality and firmness, sgaihsr All traiterous
conspiracies and entertainments, either on
the part o private individuals, or o. those
filling any of the branches of Government,
would be continued in Office for life. or un-
I'll the iniirmities of age should enfeeble his
faculties an warn MIN to retire But eve
~ judge who IS either weak or wicked,
Shlsc department disgraces the bench by
pride, passion, and incorporate language,
Ga } who maintains doctrines oppressive of
the citizens, a. promoting the success of
treason against our country, .(c) encoura-
ging the violation Of useful and constitute
email laws, (c.l or destructive of the exls-
tcnce of the state governments, Cd of the
FEDERAL union, (eJ Of the legitimate rights
of the other departments of the govern
ment OF the United States, (fJ or of the
fherty of the people, (g] would (notwith-
standingit could not be proved that he did
so from any corrupt motive) be speedily
removed from Office, for the best of all rea-
sors. the f'nbic good
This absolute perfection in our system
might be accomplished, if body OF men
could be appointed entirely disintercsted
ard unconnected with either the State, or
Federal Governments, and not liabie 20 be
Influenced by either or by any of their de-
pariments but this we admit is impossl-
bic. The people, however, should endea-
Vor to amend the constitution so as 10 APP
proach as near IS possible to its attain
meht; and this we conceive, hiss partly,
tho' not altogether. been done by the a.
mendment proposed by the House of Dee
gates.
They have not indeed attempted TO esta-
blIsh a separate tribunal for the purpose
being aware of the inpractcabiIity OF get.
ting one If such description as theoretic
perfection would require but in order to
give the national voice lis full force, anti,
topreycnt good Judge frnm being preci-
pitately turned out of Office, they have re-
Cured the concurrence of a majority Of the
whole number of the House of Representa-
tves, and a confirmation Of their vote by
? rinjority Of the members present in the
Senate, in order to prevent the expression
of the national viii from being deteated by
small number of Senators.
Under this arrangements, it appears TO
o. very improbable, that 5Uorthy Judge
would be discarded from the pubic SER
viee-in any case. His complying with his
oath to support the constitution, and de-
clarihg any Act Of Congress unconstitution-
~, (Which we can6idly &C knowledge to be
his.duty whenever it is plainly or palpably
70, as 10 the examples of the Alien and
Se,ition Acts) could not nationally be ex-
pected 20 subject him 10 a removal
Acts. which violate the constitution are
oseally passed with great opposition, and