The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1826-04-24

element. Small encroacbmrnts h,ve ne.
yer drawn foth an opposing voice. nor
petty tyranny ELECTED the defiance nf hon.
esl lntrepidity or If they have, the oers.
sions have been rare. What il IN he
aone, to remedy this eviI7 is here very
natural enquiry ~ one which we confess !,
more easily made than answered. Shall
we make the judges elective F.? If 81. h,
whom; II not, Can no other means he
found out to limit their pouer2 to con.
vince them that they are not angels in
the shape Of men - To say that no re-
NEEDY can be found, would be 10 cast a
stigma upon the faculties of man. which
the rapid advances made during the Iast
halt century in the science of government,
teach Us Is not worthy of moments no.
flce. Mr. Jefferson has long ago advanced
the bold truth which points us 10 the rem
edy. II /, true The ase is not yet prepared
for is reception. Deriving our notions of
the Independence of the Judiciary from
English history, we hastily adopted all the
false notions, which grew into maxims in
that country, by a train of circumstanct,
which never pll, III all likelihood be wit
messed there again, and which never can
be IN this country. We have enerafted the
English idea upon our system, Without re-
tlectlng on the dlssmllarity of the poiti-
cal institutions, as well as the manners and
customs OF the two nations. The Judlci-
AIRY ought to be so independent as to do its
duty at all times fearlessl y--so ought the
legislature but, when they go beyond
thlS-when by the term, independent, they
Claim to do what they please without res
| possibility 10 any tribunal, it is. in our opin-
ION. dangerous peryersion of their leglt-
mate Offices and duties, and must ineyita-
| bly, result IN oppression; or, if il do not, il
will indeed be singular and unaccounta-
Bile event. Thr present notions respecting
the independence of the Judiciary in less
than half a century, we venture the asser-
ton, will be exploded as heresrs, alike
dangerous aud intolerable.
RIcHMoND, Feb. 18th, 1926.
SIM have no doubt you will conclude
from what yon discover 10 the Newspa
pers that there is much hustle and dtlicul
ty on my part, with regard to the proceed
| ings respecting Chancelior Brown, --uot
SO: But some of the friends of that h on.
durable judge, are lahouring under whar
IS considered here, case of vast Difficult
ty"--inasmuct as some of the very men
whom | suppose he refers me to for tti-
dence of his capacity as a Judge, havr
borne the mos ample testimony 10 the
House and to the lobby of his utter inca
pacity, as well as his .penury. long previ-
Gus to the reception of the judge famous
philiphlc Nay, even at a previous scs-
sion. And now the Judge comes out and
plainly denies the assertions they have
/ made--and refers me to them for evidence.
Numerically opposite to what they have
! bFiOre statg1 Ia the House and elsewhere.
This circumstances, when the Jndgc'sfam =
lily and official influence on that side of THE
mountain who're he lives, is taken into
consideration, is somewhat 10 be deprecd-
ted; 1t was absolutely necessary TO put
/ stop to the wanton waste of public mo-
ney spent here in idle legislation, upon
propositions 10 create new JudgNs 70 dis
charge the duties of the old ones While
the latter were to be left at home to bask
IN the sunshine of the public treasury
whilst the new Judges in their turn
| might come to want or claim the same ia
yonr extended to them. And thereby sad.
die tue State with double and treble set
| of Judges, at a cost of double and treble
the amount of salaries warranted by the
principles of the constitution. SnCe |
have been in the Legislature, and prior. To
the death of Judge Fleming, the expence
OF legiSlatlng for two years upon a. pro-
! position TO appoint a sixth Judge of The
court ofappeals to- do his business, has not
cost the State less than from FIVE to ak
thousand dollars, ina smuch as II served Ia
! lengthen the duration of the two sessions,
in all, some five or six days aud, az much
or more time has and will be spent at the
! FOL mrr and present session in the case Of
Judge Brown, aud another honorable
Judge of the general Court. Now, | am
slre you will think with me, that il is high
'in>e to call The attention the Legislature.
.the people, and the Judges to the subject.
Perhaps you viii say, it IS high time for a
Convention. But you viii reeollect that
1t there be what constitution there may,
if it is not enforced and observed by the
powers that be, bat on the contrary, lis
provisions thrown aside as useles. lumber,
Or trodden under foot, that we may still be
il as bad a situation as ever. Judge Brown
triumphantly asks what has become of our
hna,,od independence ofthe Judiciary?
could answer, that it never was intended
that a Judge should be 50 independent aa
ts continue, "some ten or fifteen years" 10
live Upon salary after he'haG ceased to
perform the duties of his office. might