Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-03-28

he, goodbelavior :: 81. That "iixed Sc
adequate salaries should be given 10 the
Judges of The higher order OF Courts, and
Moneto tie Justices oftl.e County Courts
and making fixed compensaiions the prn-
ciplcs of exclusion from seats i'll the Ge-
good behavior, snponrted BIZ e fixed and
dence Of the Judges. ii is conceived.
that ibis principle is Indispensable to
tie impartial administration OF Justice.
But, il is believed ;ha,even this princI-
PIE may be abused and is if TO show,
that lrIpeTiectlOns nidst mark all human
establishments, THAT i; has been carried
10 an extent beyond its oyigin>l object
and intention by the partial aud undis-
turbcd interpretations ofthe courts. The
independence of Judges consists in their
heiug placed in a state o. security and
inpan laiiiy, when deciding upon allcon-
troy ersleS between the COMMONWEALTH and
the ltrzea as well as in III controver-
sizes between individuals. No power what
ever can be derived from il, nor does it
add any sanctitv 10 the Judicial chalac-
ter beyond this state of security and i'm
partially. But underit, the Courts seem
to have claimed and exercised powers,
beyond those properly belonging to the
judicial department and it is even con
sirued bv some into an inviol&bilty of
the judicial character. These effects, pro-
baby, have arisen from the love of pow
er, which seems SO strongly and unver-
sally implanted in the III east Of man, ihaf
il cannot be eradicatcd by The external
trappings Of judicial robes and judicial of
fees, nor by the affectatom of peculiar
Sanctity attached TO the judicial character.
Legislative powers consist in making
laws; or, in other words, in prescribing
rules OF conduct 10 be observed by the
People. Judicial powers consist ia ex-
pounding those laws or rules or, rather,
III explaining their true intent and mean
ing. Ii oud hardly he inferred from this
definition, that the mere power OF explain
ing the meaning Of a law should involve
the power of abrogating that law, still
less to prescribe another rule or make IL
mother law in It's stead. Yet, il is belicv-
ed that the Supreme Court OF the United
States, as well as The Court ofAppeals of
Virginia, both of whose prccedents are
law, have often carried their judicial pre-
tensions TO the full extent oftIiese undefi-
ned powers. Indeed, in Virginia, it is.
believed, that there are almost as maiiv
laws Ola general tendency, enacted in the
form of precedents, by the Court of Ap
peals. as are enacted by the General As
sembly. This, however, must be consid-
cred as an unintentIonal abuse Of that lust
and real independen of the Judges,
which Is secured 10 them by the Consiitu-
ton that neither underlined pow er nor
lnviolabilitv results from the constitution
al independence of Judges and that re-
sponslbllltv Is, by II, attached 10 them, as
well as 10 all the other officers ofthe Com
monwealt!i.- Ii is notfrom the execution.
hut from the m-eAecution of the Con-
stItutional provisions, that these encroach-
ments have become so general, and so
long sanctioned by practice 1t is b lev
ed, that these encrOachments furnish the
best prcteX;s for changing the tenure #
the judicial office: and, If perscvered III,
IT is feared, Will ultimately produce that
effect. They will certainly produce III
effect of increasing the responsibility of
the Judges; either by some law, sanction
ed blythe existing Constitution, OF by
some future change in Tie Constitution
itself. But whilst much wisdom is discer-
nible in the Constitutional provisions for
securing the Independence of fhc Judges
OF the higher orders of Courts, il is much
more discernlble in the County Court
establishment. This establishment is
deemed not Only profoundly wise and ex-
fensive!v useful, but universally Eenevo-
lent. The Justices are not only jrsh III
dependent. bat DISTINGUISHED and patriot
ic; rendering the 4r-afest services with
ont fee or reward. The Higher order Of
Courts, however exalted ihcI stations,
howcyer wise and upright their Judges,
and however impartial and judicious their
administration Of Justice. (and il is conf
denty believed, that IN this respect they
are not exceeded by any judicial tribunal
on earih,) when compared with The Coun-
ty Courts, pl point If political impcrtmce,
or Ia point Qf actual service md afifitg 70 tic
Peopie, dwindIc into insigniicancc. fla
popular phrase NAV he INDUCED, the
County Courts may be truly called. the
Poor Mans friends. The County Courts
cannot be technically called Inferior
Courts, because their jurisdiction is uuli-
mited, and their range Of jurisdiction ex-
tends bevond lbai ofall other Courts; and
of course, they have more scope for rem
dcring services, and do, in fact, render
moro services than all The other Courts
together. ii is not only ~ the judicial
character thatthe Justices Otthcsc Courts
render service 10 tie Commonwealth.
bui IN their legislative and executive chs
ractcre aDdit is impossible 10 appreciate
all their SCI vices, without taking a ON
nrehrnsivc view of tie County Court cs-
iabiishm ut. ia its rel lions TO The cgs-
alive and Executive, as well as 10 the Ju-
dietary department. The importance Of
This view Of tie subject viii justify the
most critical and minute attention 10 tie