Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-02-05


provided for A judge can only be remov.
Ell ior crimes or misdemeanors. The iudg.
ment rendered by judge can be no mis-.
demeanor, II agreeable to his conscientious
opinions would have no man punished!
Tor ms opinions. But as they constitute a
very sufficient reason for refusal of Office,
so, In some cases, they ought to be a sufii
Gent ground of removal.
nope 1t is unnecessary for me To saw that
do not mean such differences ofopinion as
exist between the different political parties
IN TINS country. | wilt put case or two.
that may be fully understood
Wh'le there WAS a hretende, to the Bri
tish throne, would n judge have been per-
united to continue such, whose canscienti-
Gus opinion was that the pretender's claim
was good, and that the acts of parliament
10 which he did not assent, were unconsti-
tnhonai, and void Ought such a iudge.
Whatever his integrity might be, to have
neen kept III Office under the existing gov
eminent Certainly not. He ought not TO
nave oeen punished for his own opinion, but
he ought TO have been removed from an Of
flee, which his opinions disqualified him to
FILL
Judge Hale in The time of Cromwell. de
cined, as il is snid, to sit as n Judge Of The
court OF king's bench; hrcau.e in a.. obi.
mon, Cromwell had 40 good righ. to The
sovereign power. II. scted right. Sun
pose he set in the kings bench, and tberc
gwen conscientious opinion, tina, as
cromwell had no good right 10 sovereign
power, rvying war against the ext cling 90
'ernment was not treason, ought be 10 bav,.
>sen kept in Office Certainly not. III,
opinions were dangerous. and might have
5eeI !aia! 10 the safety Of the state.
conlend that any opinion destructive
o. ne nations rights, of which the nation.
should be th= Judge, should be a cause Of,
femoVsI OF T deral Judge from Office.
suppose federal Judge should NOW b,
"i OPINION, that the heirs of lord Grenyilir
avn a large part Of North Carolina. Ten
'eSSfe and louisiana, that the Yc-s9 aod
Gtier comPsnes own he Mssisahai Ter.
rifory and thar The Toaiana icompany Own
he northern counties of his stale aid he
western Counties OF Pr7pasyieania, Sup
pose also thai the people and heir renre.
,tntal'ves Should b. eonsc,eniionsiy Of Al
hiheren, opinion; ought not the nation TO
We power To remove man, whose OBJ.
mons should have dire0 tendencyto en-
Ianger his coun,ry's liberties, and DESTROY
her essential rights?
tina nation which nlust ,:eep in Office. a
man whose opinions are favorable 10 IFS
enemies, and injurious TO i,s own rights
does mo- possess the power necessary 10
,.rote6 itsclf.
a Judge ought to be unsupported bv The
people 10 whom he is to adminisi er jus ice,
'''d whose government he is TO pro,c0 a.
gair3' C mrs. Oar laws from he multi
.ude OF ahladged cases, are extremely in
''ct!c a"d ambiguous. u vas %aid some
ages pest of The laws Of England, thai
men OF wit and learning may find wha,
VIII serve for ptr'enCr, 10 lastly almos,
" any Judgement Ihsy havc mind 10 give"
VI s"ch vas Then the unccr ainly Of the law
IL WI follow that wilb Us, nf fhis nn;e, al
Ipdee may give almoa. any iudemen, h,
pieases' aud Justify by precedcn, and so.
Pbisiry.
A power To remove is necessary; he
couse cnnWGtion does no: uniformly follow
guilt; and conviction" is required by he
constitution, Theie are many cases
@hSfeiD prosecution fsls, wltbUut rsia.
niiShiNg the Innocence OF he accused. -
Smith and OgGen were acquitted of nus
'demcauor in pc paiing The means OF III
raadas eXpe dnion. Geo ~ SONNY w,s
acqnrted OF poisoning Ar. Wyfhe. The
charge OF treason against .Gdron Burr was
dismissed. But public opmion has declar
ed each oi these persons guity. Had any
one OF them been federal Judge, would il
oot have bcea proper Dist there should
have been, somer here, power to remove
hem without conviction ifso, d pow er 10
remove onghI to be granted.
The power OF removal may safely be en-.
trusted TO COMPRESS. IL the two houses
concur in any acl it csnno, be regarded as
the ACT Of = iaSlioa II must I've regarded
a. he aG ofthe 'aGop, Pubic opinion will
protect judges from unjust oppression.
They who. wiihnut a reasonable csuac, re-.
move on able md upright Judge, may dread
the disPlcasure of the people.
II is essential 10 the Liberties Of nation
hat they should have power to change
their rulcrs. II rs not that nm acluol change
IS necessary, bu' il is The power easily and
quietly 10 make the chsnge, whenever they
please, that IS necessary. Shall y people
have right "a change president, a cun.
sress, hnst of legislators, and executive
officers, but no power, wilhou; a revolution
o remove from the onice Of = Judge, sim.
pie do,ard, msdmau, or an artful ptolec.
I