The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-04
Tirg1aia Legislature.

Trglnia Legislature.
ITO USE OF DELEG GATES,
DEBATE on tie Amendment to The Federal
Constitution, restecting the Judiciary.
FRIDAY, Jan. 8.
Mr.. Ghoison (of Brunswick,) spoke to the
following effect :.
MIR. Chdirman-When reflect ON the
magnitude and Importance of the subject now
under the consideration of the committee,
nothing but the deepest sense of duty can in
ducc me to address you The reverence
which i have inherited, in common, with the
gentleman last up, for the virtue, the patri-
otism and the illumination of that illustrious
Assembly, who projected the system which
was destined to unite, strengthen and invigo-
rate the tottering confederacy of the Ameri-
| can states; would impress me with great diff
tdence indeed. in proposing any innovation
whatever, OF that system; and were I not
lcopscientiously convinced of the expediency
|! OF adopting the amendments to the Federal
Constitution, which have had the honor to
|propose-I should feel insuparable enbar
rassment IN attempting to exert my feeble
abilities in their support inasmuch as the
principles they are intended to eradicate,
ladmiration, and drawn forth the eulo-
gies of many of the most learned statesmen,
whom the nation hath!ever produced: States
men, who haze ingenously advocated the
doctrine, fhat the absolute independence of
| the federal Judiciary, forms not only the pal
ladium of our civil liberties, but is necessa
ny to the very existence of the judicial
government itself. We have heard the
same doctrine reiterated in the present de-
bate. And whilst the resolution on your Ia
bic has been charged to be the offspring of
daring spirit of innovation, we have been
Icautioned opause, before we demolish with
parricidal hands, the political monuments of
our ancestors. l. Sir, thought was only O.
loeylnS the monitory voice iof the trainers of
the constitution, when had enaeayored to
institute an enquiry into some of its princi-
plies, which, in practice, had proved detri-
Imentaf to my country. For the constitution,
! tie the immortal honor of its authors. sho,ld
4 1T be sald,) points out the mode of its own
correction. They did not vainly arrogatc to
themselves the attributes of infallibilitv.-
They handed that INSTRUMENT down to as. as
complete as their wisdom could dsvise.-
| Their language zrzS make fair expert
i ment OF 1t, and improve by your experience.
| is II remarkable that men unfamiliar with
the practical operation of republican ;nstitu-
tons should not have made system of re.
pubhcanism entirely perfect +? I remember
very learned judge of our own state, in his
commentary on the federal constitution. has
made these excellent observations: etthat
every newly established government, must
be government of experiment-The de-
sign OF machine may appear correct, the
Emodel perfect, and adapted to all the purpo-
ses which the original inventor proposed =
Yet thousand defects may be discovered
when the actual application of its powers is
made, and many useful improvements, in
time, become obvious, to the eyes of a far
less sklltul mechanic" ! agree the Consti-
tutional right OF introducing new principles
INTO our government, should be exercised
with caution and deliberaton but believe
it is fortunate for America, that that right
asit respects the present occasion, does ex
list.
will now proceed, Mr.. Chairman, to the
| consideration of the question before the com
mittee-and will examine
1st. What connection subsists between the
people and the Judges.
I'd. The tenure and permanency of the ju-
dicial Office.
Sd. The extent of power exercised by the
4thly. The constitutional responsibility OF
a federal judge.
AS to the first object of enquiry, Imay be
considered bold in asserting, yet believe
the position is completely tenable, that the
federal judges are not, except in the case OF
a mere contingency, either appointed to, o,
removed from Office, by even the indirect re-
representatives. of the people; if indeed, by
the people, we mean a majority of the peo-
ple--By the constitution, the President Of
the United States, dominates to Office. The
Senate of the United States appoint and in
the case OF judge, they, only can remove
Nov, who are the Senate! They are the
deputies OF the respective state sovereign.
ties. In that body, the smallest state in the
union, has the same number of votes as the
largest. million of souls have no more
weight than thirty-three thousand Nine ot
the smallest states, or about one fifth part o.
the people of the United States, can elect a
Judge or any other officer, through the nae.
dunn of their Senators in Congress. To dis.
place judge, two-thirds of the Senate mus,
concur in his guilt. The whole number Of
the Senate consists of thirty-folr members
Then, six of the smallest states having two
members each, or one SeUenh part of the
people, for the sixth smallest states, ONLY
lcomprize one seventh of the people) can re-
tain a judge in Office during life, no matter
how black his crimes, in defiance of sir-se-
Uenths of the people
The judiciary is moreover placed further
beyond the influence of any portion of the
people than any other department of the 90
vernment. Between the other branches, and