Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-14

argument, ami this doctiine proceeds unon that
supp0srlon. We contend. sir, that the Judges nj
ready in Office have bca. tlecte, by Joint ballot
laad commissioned hy'aIe executive. That in re-
iatcn 10 Them, the letter the spirit and the true
meaning Of the constitution have already been
complied with. Tint there is no particular form
! oil commission prescribed ny the constitution,
and that the election has already been made in the
! constitutional mode. How, then, can il be said,
that the Senate will exercise upon this subject an
unuue influence: This argument, sir, is on q par
with another used upon the same occasion by this
distinguished Jadgc--which cite, sir not for the
purpose oil bringing the Judgment OF that truly
| great plul into diSrepute, but with the hope of
| shaking in some measure the confidence of cen
uemen in authority, by convincing them that even
the most enlightened minds occasionally fall into
error. Judge Roane commended, that new COM
mtSSion was necessary, because otherwise Judge
might he appointed without the concurrence Of the
eFecut'ce The bare mention of this argument is
sufficient to prove its fallacy. Did any one ever
dream that the Governor in commissioning the
Judges, performed any thing but an act merely
/ ministerial? Did any ever believe that the Co
! vernon POSSESSED any discretionary power upon
( ms subject That he possessed constitutional
| rete upon Legislative appointments?
J Ireecdents, Sir, are not wanting in support of
| tins view OF the subject. The Judges of the old
Court OF Appeals-of the district court west of the
Allegheny mountain, and of the Special Court oil
Appeals all exercised different jurisdictions with
! out one election and commission. But, sir, the
friends of this bill have not relied upon their own
L
nave lad due Difference for the decision of the
Judges in Kemper and Hawkins, though they be-
ieve that decision erroneous. The bill leaves the
! question OF reelection and commission, open Cor
further consideration 1t is in the alternative, and
the Legislature may or may not re elect the judg-
es as in its wisdom it shall think most proper.
have heard it said proceeded Mr.. n j as CON-
ing from learned and distinguished Judge of the
General Court, that the constitutionality of this
biil depended upon the sum with which the blank
IN relation to the salaries OF the judges should be
nhed. Gentlemen may smile, but there is moth
ing so prepOsierous in this idea as they NAV at first
suppose. IL is true--it is founded in much
wisdom That distinguished judge had no in
.en'ion 10 cast an imputation the integrity or
honour OF his associates. He knew, sir, that the
Jurisdictions not incompatible, and that the
Legislature had the power TO blend them. But he
anew also, that, by the passage of this b the du
ties OF the Judges would be greatly increased, and
that this could not be- done consistently with the
constitution without proportionate increase of
salary his, sir, understand TO be the true mean
ing OF that part of the constitution, which secures
10 the Judges adequate salaries.
Sir, 1t was said the other day, by the Gentleman
from Amherst, that we should respect the consti-
tutionGt scrupieS of the judges admit it, sir
put, 1t is time enough to respect them, when
those scruples are expressed. Pass the bill-Let
the Judges take 1t under consideration and il then
they shall have any constitutional scruples-Ifthey
snail say that they cannot console ntiousy carry it
into effect, shall be the last 10 respect their
scruples, or the least jealous in sustaining them
III their opposition to the bill. But, sir, it is
wise III TO create ScrupfeS for them and 20 an
ucipate result that is not likely TO occur
i come now, (said Mr.. n y to the most delicate
II not the most important branch of tlls subject
the effect of this bill upon the independence ofth
! Judges This word, sir, seems to have magical
! 'RpHence No sooner is ii pronounced than all ar
gpment Is at an end the prsjudices Q c gentlemen
are excited and reason loses her aseendancy.-I
we have had happy illustration Of its magical eff
| iect' IN the eloquent remarks of the Gentleman
/ nRF 10 tnug 4 Al.
worst days Of the most pro1gate of the Stuarts,
and painting in all their horrors the judicial muir
ders Vi that melancholy era, has told us that sad e
peIence had taught our ancestors the necessity Of
judicial independence. Not content with this, the
blood OF Russell and of Sydney-Martyrs to il
berty, has been invoked and the execrated
names oil Scroggs, of Pemberton s of Jefies have
been called up in judgment against this bill
was astonished at this, Sir from the Gentleman
from Amherst. had supposed that his intelligent
! mind had adVerted TO the difference between
monarchy and republic. That in monarchy
| me Judges are appointed by the King--the foun-
tam oil power, OF patronage, and Of homer; who has
the means, if he has the disposition to reward ac-
cordng to their various tastes, the plant instru
ments OF his tyrannica designs; who can CRAFTY
/ the appetite OF the sordid with bride. and crown
the towering hopes Of the ambitious with a peer-
| age That in our republic, on the contrary the
Judges are appointed by the Legislature n nu-
merous assembly, deriving its power immediately
from the people, and directly responsible 10 them
/ p" DOug i"OicU'ci having 1.-THE patronage and no
permanent existence; and which has not the
means, II 1t had any inducement, TO corrupt the
Judges. Is it not idle then, Sir, in this State TO
apPrehend the oppression or corruption Of the Jud
| ges?
| Sir, such scenes as those alluded to by the rem
ileman from Amherst, can never occur in (ir-
ginia until the Judges shall not only become yena
and corrupt but until the people shall bow before
throne. Not, Sir, until the whole frame of our
government shall be changed-undl our free in
! sututens shall be destroyed-uDtl monarchy shall
be substituted for TepubtcdIiSHl-an OinniDof, nj
parliament, for this Legislature and a cruel and
relentless despot, for mild and parental Chief
Magistrate.
Gentlemen are under delusion upon this sub
lJect They mistake the means for the e7td They
seem TO consider the independence of the JudDes
as the sole object of our political institutions
whereas 1t Is intended but as a means to advance
the public good by securing the impartial admins
tratlon OF Justice Sir, the Judges Should he in
dependent: but the public good the object OF that
independence, should not be forgotten IL should |
be remembered, (tO use the language of distin-
gIshcd Jurist0 that the interests OF the peope
are entitled TO considerations whilst the sub
staniia rights of the officer are not to be lightly
invaded that he is not To Obstruct any sal1tary /
reform, nor TO ride upon the top of his commission
and swagger and beard the Legislature at every
corner, nor to seize upon the meFest nDices III !
gdlldt, TO declare Legislative act unconstituton-
al am well assured, Sir, that the intelligent
and patriotic Judges Of Virginia, will never forget
the OBJECT OF their independence, and u err this Z
irin assurance, nave no apprehension as TO the
course winch they VIII pursue, in relation to this
BID. But Sir, IN what possible manner is the in.
fendence d the Judges 20 be effected BY the pas
sage OF this biz: Is il not sufficient that their
salaries continue adequate, and the tenure Of thcr
Offices permanent and undisturbed Is there one .