The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-12

mes, an i;trsons g i;s owl. fights. tlac. no.
Vosssss to e~cr necessary to pso,cct itself
y"oss fns to be unsupported By the
people to N he is to administer justice.
ana whose frnmeat he is to protect against
crimes. w laws, t.om the multitude Of
asyuc Sea cas- are extremely intricate and
ambiguous: was said some ages past Of
me laws OF r %iand, that men of wit and
" learning naayIfiid what will serve for a pre-
tence, tojustify almost any judgment they
have amind to give" If such was then
the uncertainty of the law, it will follow that
Win US. df fhts time, Judge may give almost
any Judgment ne pleases, and Justify it bv
precedent and sophistry.
J, power to remove il necessary because
conviction does not uniformly follow guilt
ana " convection" is required by the consti-
!uuon. mere are many. cases wherein u
prosecution fa.s, without establishing the in
hoconee OF the accused. Smith and Ogden
were acquitted of misdemcanor in pre-
paring the means of Miranda'e expedition.
George W. Ssoinncy was acquitted OF poison
ing izr. Wyfhe. The charge of treason A.
gainst aaron Burr was dismissed. but pub
TIC OPINION has declared each of those per-
sons guilty. Had any one of them brcn .
federal judge, would it not have been primer
that there should have been, some where. =
power to remove them without cooyic,icn,
II SO, apower to remove ought to be granted,
Inc power OF removal may safely be en-
trusted to Congress IF the two houses co.l-
cur IN any act 1t cannot be regarded az the
act OF faction. It must be regarded as the
ACT ofthe nation. Public opinion will protect
Judges from unjust oppression. Thsv who.
Titaont q reasonable cause, remove en- able
ma upright Judge, may dread the dispieasure
Of the people.
1t IS essential to the liberties os a n,.;o,
that they should have a power to change their
rulers. II is not that an .:etnoI chance ia ne
ecssary, but 1t is the power easily and Quiet.
i 70 maze the eaangc, whenever they please.
tnS is necessary, Shall a people have
right to change president, a congress.
host of Legislators, and executive officers. bs,t
no power, without q revolution, to reo,ovr
frorn the Office of indigo, simple dosard,
macman, or an aTtful protector of traitors
Niuss the whole nation, against its will, sub
mt to the doctrines and principles of the fe
derai Jndges, suffer them to contan,inate The
streams OF Justice, and control the legislature
ana executive departments ? Tha.nasio. is
no" ooiised to submit; but ought not any
longer to be Obliged TO submit.
some gentlemen snPfsse that the r.nu,a-
non OF a federal judge is sntlicieY. s,ta-,,-
tee for his faithful performance Of IL, . e.,;,,.
1u. the contrary has appeared il the cae q
OF CA0se and Pickering. 1t has ap,scarc,liY
one Thousand instances, that a rega ri fi,,- re-
Pa';itio is ito security against usu,,pavion or
ABUSE or power. And to a federaltiudrc. re-
putatlon IS OF less Importance than TO any bo-
ay else. He has an Office for life. fronywhicb
tie whole nation cannot remove him. il hefa
cautious enough not to furnish them with ie-
Saf evidence OF his criminaity. He hasali
oeral salary, which cannot fse Diminished
ana ms ambition Is gratificd by the highest
& a
ne books down with proud contempt ON the
PRESIDENT, whose acts he annuis at pleasure.
II you would make reputation of some inn
pcrtance to federal Judge, pass thc amend
ment proposed And then a. fair reDutation
WHY be really important tn HIM II will be.
necessary 70 kecphim i'll Office.
bygunS Congress the power to remove,
me Judge will be placed in the situation
wherein he ought to stand. Judges appoin,-
ca by the r tsident ought not also TO be re-
movable by him. If they W ere, they would
DC TOO dependent on his will. AS the Presi~
dent appoints, let Congress have the power
OF removal. The President being the prose-
cutor OF supposed offenders. might be dis
pleased with Just opinion in favor of a de-
PENDANT, and under an undue bias, remove
an upright Judge. And, where an unrightc-
Gus oplnion was given against soue state pri-
soner, the President might epleased with it,
and protect the unjust Judge
1t has been the policy Of Virginia to place
pubic officers nader the inspection and con.
troll OF the legislature. Several Of her off
GERS are now elected annually, who formerly
were appointed for an indefinite time. Ifis
is true that magistrates are public servants,
the republic ought possess the same power
as an individual, to dismiss the incapable the
worthless, the suspected servant.
therefore hope that the resolution under
considerationwill be agreed toby the CON-.
mittee.