The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-28

cheek Oh the Judiciary. 1 do not think this
a tenabie ground. The tenure of a Judges
Office is during good behavior. I" and altho'
there is an enumeration of certain specific
classes of offences for which officers of go
vernmeht shall be removed, yet there has
been no sound argument to prove thai this
enumeration includes minor offences from o.
perating on the case of Judge. Put a trite
case. To play at cards in public house is
under our laws msdemeanor--to strike
man is misdemeanor, in law language not
only aaaiun froii6itnm but NAHUM in Sc
Yet suppose a judge to engage in the former
amusement, with his friends in his room in
Tayern-Suppose him in moment of re-
sentiment to strike one who had misused him !:
these are misdemeanors. But would he be
removed from Office for committing them
Certainly not. Again--suppose Judge of
The Supreme court, in the daily habit of de-
scending from his station IN society to mix
on terms of familiarity with the low and
vulgar, a frequenter of alc-houses, parta-
ker In the vile, unamusing sports Of the rab-
bic. Would not such conduct be thought
breach Of "good behavior" for which he
might be removed. Yet these are not mis-
demeanors properly so called. 1t is not fair
20 adduce here as authority, the arguments
OF Judge Chase's counsel. They were re-
tanned as lawyers, suppose for fee. They
argued his case as lawyers-thcr dicta are
not qualifications. Why, on this occasion,
pay such respect to the opinions and argu-
ments of Judge Chase's counsel-and yet
disregard the arguments of, the managers!
You would have seen a contrary doctrine
maintained by them. For my own part see
nothing in the, decision. of the Senate in
Chase'x case, which warrants the position
assumed by his. counsel, and after them by
gentlemen whQhave here debated this reso-
Tuition. Pickering's case on the other hand
strongly OPPOSES, if it does not entirely de-
feat, the argument 1t is to be gathered
from that case, that Pickering was removed
not for being guilty of a misdemeanor Drunk
s:nuess) but for notorious incapaoity to dis
charge r,ie dtiies of his Office. There can
be no doubt but that Judge may. be remov-
ed from office for other causes than the COM
mission of penal offence.
One other argument which it seems to me
onght tohave some weight with the COM
mittee: To what situation do you reduce
tho Judge who is made thus dependent on
the Legislature ?. These men are taken from
the bar; most generally from a lucrative
practice Although the acquisition of the of
flee may not be very desirable TO them, the
retaining it becomes emine,!tiy SO. The
practice, which they have reliaquislicd, can
never be regained. The disgrace of reno
val can never be washed away. For en-
countering the popular. prejudice in the no.
nest and independent discharge OF their tiu-
tics, they may be deprived OF their subsist-
snce and ruined in their characters. indie
pendent of the effects Of these considerations
on the hrmness ard purity Of the !adge as an
officer, are not these effects upon him as a
man to be deprecated |; VIII your constitu-
ton and your Jaws prohibit the imposing the
penalty OF q dollar on citizen, without a
fair and full trial, and vet will YOU sanction
this amendment, whereby high character
may be deprived Of all that is most dear to
him, without being confronted with his ac-
cnsers--without being heard in his defence ,
Isfh:srecur'inS TO Fundamental hrimcifLc8 ?
Let me conjure the Committee to ponder on
these considerations before they dcci,e--be-
tore they sane ton an amendment which may
open the door to a long train of mischiefs de
structive to r.rights, and subversivc of our
government.
(De6ate to be cenEinued)