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


ence, No sooner is il unc.d, than all argus
ment IL at an end; public prejudice is awakened.
rsa-on loses her sscenjancy, and the most feasible
schemes Of Improvement defea'ed, by the
magic OF this ord.
To thuse, whose minis have been trained bv
h'bits of philosophical snaiys-, trace the origin
and investigate the causes of human opinions
This ecrupulous Jealousy. in relation TO the indie.
pendence o the judges, il no, matter of surprise
When II ID recoilected, that we have deriv+d not
only our descent bu, laws from T. gland ari
that TO the liberal principles OF the British Constr
luton we are, in great measure, INDEBTED for the
substdnce II not, iof the fern Of cur ow free in
sthuiions is not 10 be wondered at that w loola
10 that country as furnishing US examples for our
imitation, not o. ~ In cases, when The circumstan.
ces OF the two countries strictly nalss Gus but
also IN these where they totally dissimar. We.
regard the history of England az. in some measure.
the history of our own country. We trace thro'
the pages Of her historians, the eventful struggles
between the people and the crown. Witness the
sacrifices that have been made al the sirine NJ
liberty, and see by what gradual scce ssions that
portion OF freedom has been acquired, which con-
stitute- the boast OF the British Constitution I,
taking this review, ala OF fancy that We ar.
i.nSi shrnen. We 81 ~ in he iriumphs and SYM
paibise in the reverse- Of the people; and rrrard
all those measures which END to shield the subiect
from the vengeance OF the crown, as 50 many
safeguards OF liberty. The obs,quiousness of tina
Eagiish judges in a hai barous age and the i,
4
OF tile most prcflisae OF The Surris seem sulli.
Gent TO convince that freed N, can no ,phere
long suosis'. unless sustained by Judicial indepen
dcnce. Appalled, at heee effects of judicial w.
rsnDy, and very properly tracing them TO the SER
Witty OF the bench, regard the measures that
have al last resulted in the entire Independence nj
the English judges, successive steps i'm tho
march OF freedom, and iecisim about the in,,enrn.
deoce OF the Judge in Virginia, as if the blood of
Russell and OF Sydney had nostened our own
II Perntp
inluman Jeilries bad polluted the judicial e,mine
on this side of tie Atiairc.
Our Briti-h ancestors had just cause 10 consider
the independence OF the judges essential to free
dom. Tie necessity, well tie difficulty of
securing the judges asans' improper inilu. nee. i.
much eater in q monarchy than in a epublic l.,
monarchy, frequent contests sri,e between thu
people and the Gown, of which the judges are the
afbilers: In republic, from The nature OF the 90
vernmsnt, the people beng their own tuIers p,
such confess can arise. la monarchy, the JUDGES
are appointed by lac King, the fountain of my
er. OF Patronage, and oil honor, no has the means
!! tie las the disposition, reward ACCORDING m
theit various tastes he pliant iustIumenis OF his
tyratnicai designs; who crafty he annette of
me seidid WITH biibs, and cTown the tow erin,
i hopes OF lie ambitious with eeIase The ~.
cry Oh the subject IN monarchy, therefore re,
qn!res that The Independence OF the Judge he mar,
( uc"iar!y guarded that lie may oily resi.t the
fascinating allurements that are held OUT bv M,
hand oil royalty, but that if BY the uny jelding in.
iesrity oil ms Character he TO felt tie favor Of the
| = nS' ne may be elevated above the Influence nj
M vengeance. In republic, on The contrary.
such as Virginia, where the executive is proverr
o'sily wesk, and where the Judges are appointed
/ oy the legislature, numerous assembly that de-
/ IIves ITS pow err Immediately from The ,eople .nJ
- afectiy responsibe TO them body, MOI eoyer
ma 'ins itile patronage and permanent existent.
ana winch has not The means, If it had any INDUCE
ment TO coriuP; the juages, there eau be little dan
In lrfV at1c sill Ia.. -
" H!isi, then, IN monarchy we should regard the
entire independence of the judges as an evidence
| OF freedom, IL republic .hluli consider ,b.;r
c.mpieie exemption from control as rather a bsdee
q S1's''uue, ana directly al mar with that funda-
mental principle OF repubicans,n chat al n,seis
Uates are the servants Of the ,eople"
! A9 practical illustration OF The greater necessi-
! y IL the indepsnd ace OF the judges in menar
' rny ina" 10 p'bc, we may refer he danger
'ha' Is even NOW spprehendeG in Eicland from, The
exercise OF tie power that is vested I'm The crown
Of iansisiios Jtige- from the inferior 10 the heber
courts tFide Ed'Dburg Review, 10 % TIE
same Po" ef IS exercised In Virginia without occa-
s'oning The least deg'ee of alarm. The iesislsiut.
,' I'~"'y Ills V'cancies ia the Court of Appeals
oy Tie Wo2oGon of the Judges of the inferior
courts; and no one has been found weak enouoh
10 imagine, that their virtue in danger of cor
TupiIon from this source. The judges know G,u
eh 'ha' iiiis Il government OF opinion, and the,
talents aud learning and virtue, aud not obseoui
BUSINESS 10 nose III power The pass ports to Iro
motion.
The lie ter Of Mr.. Jsfcrson, therefore. pronosns
'ns psriodic- election OF the judges the publication
VI ""ieh oecaSlonei much as;oojsiInent la.
""'e'' was not, as 81. posed 10y come persons
H"VS"' via d'nser to The public liberty HI,
phhU=0phcsi mlnd had, no doubr, taken CONNIE.
"e"si's view OF this subject, and Attic ugh we nav
40, Oe prepared TO express an entire roncu,tenr,
!" ns cohciu-l'ns, 1t mist be obvious 10 all who
'"Ae me trouble to snslyse The sentiments OF
'oai me excessive sensbliiy existing in
"5''" "P"' '"is s"tJeci, ~ The effect Of delu-
sh'h' ana does MOI arise from aEy i..gt Gauge Of
apprehension or alarm.
Ihe Const uon OF Virginia secures The in5s.
Pe"ue'ce OF the judges, by providing that ,hev
fhai hoid their Offices during good behaviour ami
flaVe hxed adequate salaries. In JepubIic on.
Iwou!d suppose The plain import Of these terms .n,
hcisni To secure he rights OF the iudrss ~ -, j.,
vasIon' without the necessity of Teso,t,os 81
iofcei construction Of the constitution. in crlr &,
invest them with additional privileges YET s,c6
hA" been the STANCE perversIon OF ideas an VI
ma ~ RELATION 10 this subject, that the Con-, 81
APPEALS, 10 their femonsiTance i, go -
Judges ci the General Court. in rbei, ;"- 'n'
nempsF q Hawkins, seems TO have been del,,,,st
b. the general cIanor and have Jeff In.
Ter OF the Constitution 20 seek IN varue eene,s,i.
come furibf Immunity for the Judges One nf,L.
J"''gss ~ hsmrer Il Hawk ~, indeed ,vsnt sot
IS 20 say IN the Language Of Hume, that we arc
20 10 upon 81 The vast apparatus Of our pov.,,
'osD', ~ having no ether object than the sn,no,t
bi me Judges" Such opinivns hoveye, vens,sy
Die he sources from which they emanste. mat.
coHtfoyefted wiihsW rSsVerence.
The fnsj"riiy Of The judges ct the general cor,,
were - very clear and decided in their opinion
'hat The common law and chsneery iurisdis,ino.
are 1nf fnssf .a.ff H.