Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-09-28

this he true, whence does the immunity proceed?
-NOt from the coastitu'i1n, because 1t Is admitted
that the jurisdictions are not Incompatible, and IL
this orig ind appointment, the commits
siODs might be connected, and the acceptance of
one, anhexeda- condition, To the acceptance oi
the other. IL proceeds then nom the accidental
circumstance ut the judges being already in Office
ROW, the intention OF the const,tIiio WAS not to
secure peculiar exemptions. to particular set OF
men, who for tAs time being might bc invested
with the judcia! functions, but by general pro-
vision, operating in all cases, "a secure the in.
dependence of the Judicial ONCE. ~ different eon-
siTuciioa would lead 10 the conclusion, JLat The
legislature has altered the constitution by he p.ru
culaf organization OF the counts which il has
adop' ed and this by no moons be aLsnnted.--
can therefore, see no propTieiy, In assuming for
the judges, already IN oihce, amy Constitutional
privilege, because of tie necessity oil two eou,ms-
sions. II they rossess Any immunity, II must be
derived from their original compact, and not r. ON
the constitution; and being thIs derived, II l. suG
jsct, TO the CONDITION tacitiy ansexed 10 their otic
In lis creation that the L-s-lature may impose On
them any additional duties, That are not unreason-
sb.e or oppressive. There can be no good reason,
therefore. why the new commissions, On they he
necessasy) may not be forced upon the judges al
ready in ofiice if they carry alo, !, with them no
un. cas- inab!e or oppressive oblisauon.
Bat II the argument III my LATE essay, upon This
< subject needed cuntrmaiion the partiut operation
OF The l4th section If The contribution, In extending,
PRIVILEGES to judges already in olhce, hch an
denied to those, 10 be sppoiniel IN lu;ure, fully
shews, that the two commissions not necessary,
and that the construction which has been pu, upon
that section, was never contep plated by the fra
iners of tie constitution.
II the legislature [ as is ADMITTEDLY could Oyigi.
ndiiy arrange and dispose the Jurisdictions at It's
pleasure, what permanent Independence is secmed
10 the Judiciary by rsquuin. two elections aud
commissions? The judges already in o.lc., 20 be
sre, would seem TO be inrsnched behind (orht
Bat, do they look TO the forms, and not to the
principles Of the constitution Tor their securi,y?-
The oay Elf CT of tbs ode foam which. II il was
designed at all could not have been designed I
the protection oil the judge, tint alter the
cour are once organized, II sort must be had to
the people In convention, TO change the judicial
system, although it il at the same time admit ed,
that the Legislature has the necessary power, bat
cannot exc. clss II, because OF Tie forms OF tie
const tion.
IF the f,smers of the contribution had intended
10 deny ,his power the Legislature, i; would not
have been done by niirection; they would have
struck directly, at The potcer, and at The
means ofercrciSUtg H.
One Of the three following propositions, soui J
seem, therefore, necessarily TO be tue. Either the
two Jurisdictions are Incompatible, the TIVE cleo
tions and commissions unn ecrsssTy, or tie
new commissions may be forced the judges All
ready ia oiice, without ahridsirg their c0nSfiIt-
tioaat independence, unless 'h'y carry With them
duties that are unreasonable or essive That The
jursdiciors not i0co pa,ible Is almost uniyersa
admiiteaone OF Tie other propositions ,ihen, tnu
be sdopei and il is matter vi md tfsre"ce "a re
CARDS tie present argument, which ole is received
but that the two elections and commissions az e UNI
necessary, is the conclusion NEST consistent with
reason aud common sense
Bd', to leave this abstract and technical view
OF the question 90 The tIu h is'' Ito he Ian
suage of The distinguished Judge Roane) al 1t
sou'e power must be given 10 the Legislature and
the interests of the PEOPLE are eotstied to some
rIy nG
Ulcer TO he lsA:!y invaded. lie i 20 bold
dnTiug good behaviour, cCniTadi,iingushvd r. ON
tenure iaS pleasure; bui lie - mot TO obstruct
any sauIary reform He is aot to- ride upon the
top OF hi. commission,to swsgseT, snc beard the
Legislature al every corner, nor to seze upon the
me est GptceS fHigath, u contend that Legis-
lstise act il unconstitutional" dances Case, 3
Aiun. 1867 4 have too much respect Tor the
patriotism snd inells ence OF the j-dges in Yiigi
MIA, TO believe that In6y would arTOgatc to them.
selves, any pTetens.ons, which do moi properly
tslong to them. Il is the principles, therefore,
and not thel,ng ias- OF Jldse RIane, that | avpl,
upon the pie,et occasion. That language, bow
evet, expresses but the doctrines of common sense
and though applied by The learned judge, 70 tl-
iereut subject, has remote bearing upon ihi.
The circumstances. under which, this change in
the Judicial 8, stem is proposed, preclude the bslief
that any attack is designed upon the ndepeud s,.c
OF the Judiciary L he legislature, at "a period,
when perfect harmony prevails, among the several
Iary question agi,a,es the state, thinking that
reform, in the judicial Establishment, is necessary,
and that they have the constitutional poyyeI 10 ef-
.eci 1t, propose, not TO injuTe, but benefit the
ia !ge+; to sIfJ TO their numbers, aai increase
their lsTies, 81 lea-t ~ proportion TO the Ga
ties that assigned ,hem The tenure OF n.eif
Offices remains undst1Tbel and their sslAiies will
continue adequate. Wherein then. wli the inde-
pendence OF the judges be il aided? i there any
evidence OF oppression in this or any danger "a
the liberties OF the people or ils principles OF the
constitution to be appTehenda1! why them afe
these {" mere GPieeS MigundE' SEIZED upon, ia
defeat his reform? Why then, The senseles- cla-
mour, that has been raised, about the invasirn o
tie rights OF the judges and the liberties OF ih.
people: Whence does 1t proceed! Not from
The jadses; for they have enough to per.
ceiVe, that they cannot he Injured by ihe conisrn
plated change. Not from 'be reople, for they
feel. too seDs.bly the evils of Tie present system
be alarmed, at the introduction OF a better
There are sumo, no doubt, who are honestly on.
posed to This system because they believe u youd
violate the constitution. There are others opros
ell to 1t from local Interest, aud others perhaps be.
cause they believe the change would be impoiI, c.
But the most Clamorous opponents OF tits IL ca
sure are among those, who, having lost their rat
rOtisH in their false zeal, for bsiterng the coadi
ten OF their country, wish tie evils OF The govern.
inent 10 Jerome az inioleaOis possible h.i ihei
iavorlte scheme OF convention may no Longer
be opposed Thus, Ia one moment whilst they
profess an utter contempt for the constitution
and regard H., better than meTn legi, lativ e
act aud gross urpaiion upon the ii. hts OF the
people in the neXt they alarmed lest is sacf ed
principles should be violated and see nothing in the
peaceful progress Of sanitary reform but the