The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-16
THE ENQUIRER.
RICHMOND, JANUARY 1e, 1908.
PIRGLNI.f LEGISL. .dTURE.
HOUSE OF DELEGATES,
WEDNFSDAY Ian 6

WEDNESDAY,, Jan. ..
DEBATE on the amendment TO the Federal
Constitution, restricting The Judiciary.
Mr.. Tucker in continuation
1t has been declared, MIR. Chairman, to be
inconsistent with the pure principles of re-
publicansm, that Judge should hold his of
ice independently of the fcohie. Without adj
uniting that the doctrine ofjudicial indepen-
dence conflicts with these principles, 1t NAV
safely be affirmed to be no novel doctrine 1t
is engratted In our constitution, it forms the
basis of our state judiciary, and this princi-
pie OF independence is extended even to other
officers under our government. cannot he
state to pay to the state bench the tribute
to which they are entitled, and to express
convection that their purity is an eulogi-
um on this maxim of our constitutions. But
the doctrine is not only not novel, but it is
correct. AS the people may in consulting
| their own happiness and safety part with a
! portion OF their power, it is manifestly con-
sistent with the doctrines of their omnipo-
tence, that they should render Judges indie
pendent OF themselves, lift is believed essen
tial tic the preservation of their liberties
| And what would be your bench, if Judges,
dependent ON the people looked to popular
favor tor their existence? They would lose
that character which every Judiciary should
possess-freedom from fear, favour or affec-
ton and an exemption from the operation of
those passions which cannot fail oftentimes to
agitate the people. Render him but depen-
dent on the people, and the judge must and
viii too often decide as he believes they will
decide AS would not have them to sit as
the Judges of intricate causes, because they
do not possess an intimate acquaintance with
the laws so neither would | consent that an
unearned opinion should weigh on the mind
| OF judicial character; since if it were o.
therwise, vigour of mind and depth of re-
| search would be of much less importance than
an intriguing character, that might enable
the judge to guess at the opinions of the
| people. For my own part, Sir, am not for
the establishment of principle which would
| place our Judiciary on level with the szvor1
gueSserS of Connecticut IAN admirable ex-
ample of the beneficial result of annual ap-
| pointments) and would PROSTATE the dignity
and purity of the Judicial character, before
the tumultuons and angry passions of that
part ofthe community Immediately surround
ing the seat of Justice. Under such circum-
stances a Judge would become a political
weathercock, directed by the current of
public sentiment, without being able ever to
discover the general wish, not guided by the
provisions Of the law and the immutable
principles of Justice. These remarks APP
pear fairly applicable to whatever has been
said of the necessity of removing Judge a.
gainst whom the voice of the people may be
raised, i'll the moment Of conflicting passions,
since it would inevitably insure complai-
sance utterly incompatible with the purity
of the Judicial character, and the attainment
Of the ends of justice.
But should we admit that judges ought to
be dependent on the feofie, does it there
fore follow that they should be utterly depend
ent on their SERVANTS Because not entirely
independent of the nation, must they be scr
vilely dependent OH Congresss Because all
the branches OF government must and ought
to look up tothe fountain head of power
must one of these coordinate bodies depend
on the whims and the caprices, the favors and
rewards or vengeance and angry passions Of
another3 The gentleman from Wythe has
indeed avoided every difficulty by asserting
that the Judiciary is not a coordinate branch
of the federal government, but is only
branch of the executive department. And
where has he found this doctrine? Instead
of examining the constitution establishing
the government, he cites as his authority the
book Of Judge Blackstone, the apologist and
defender of the English constitution, and the
vehement maintainer of the two great prin-
cipcs that "the King can do no wrong and
that their parliament is possessed Of powers
that know no legal bounds. But if this au-
thority shall yield to the weight of the con
stitution Of the u. S. and 70 the general OPT
Mons Of frcemcn on this side the Atlantic,
it we regard the Judiciary as a coordinate
branch Of the government, and responsible
in the last resort to the people aionc--the
source Of all legitimate power why again
!etmc ask, should they be rendered entirely