Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-12

not In favor ofstrking out the clause referred by the
gentleman from Orange.
He had had a doubt whe Their the Court of Appeal.
was not the footing Of an ordinary L.gsiaive Court
and that doubt had been confirmed by the late debate
on the subject Of the county courts. Hero Mr. N re
capitalized what had passed in respec, to retaining the
word " the before county courts, and con.nded thar
was equally necessary before the words" Court Of
Appeals" should that title be retained He was
however, in favour &c giving il the title OF Supreme
Court; then IL ini,rior courts should DO provided
when the court was abolished, the Office went with il,
He agreed perfectly ia that opinion. Here Mr.. n.
advcrcd to the well known controversy as to the judy
es OF the District Court retaining their Offices. That
dispute about interpreting sre ady
in beings but now Constitution be formed and
they might put in il such provisions they pie ased and
they might declare that the Judge should survive
the abolition Of his court. He was in fAvoir Of such
provision. He progressed himself ardent friend to
the Independence of The Judiciary yet he would have
held the Judges arnenabe to law and not above law,
the continuance Of their Office he ssentaf 10 their
independence But lite public good equire the abolition
OF their courts, gentlemen asked If he would be Tor
tinning the Judges in Office without any employment
He answered no: and conterded that that case was
provided Tor In the Sth resolution, by which they might
he removed whenever the public good required but
safeguard against caprice; two-hrds Of both hou'es
were required 10 eff ct it,
Mr.. LEIGH opposed to the anne MI ments Of Mr..
Tazewell. The only effect of il would he, that the
Court might then receive original juririicon He per-
ceived no expedenry in this: He cosiended that. in
order 10 understand the Report OF the Judicial Com
mitiee II was necessary 10 take the whole together
He compared the 1t and 2d resolutions with the 9Th
and concluded from the whole that the iuridicon d.
all the tribunals of tho State left To the law; there
the term ofthe Judges office was 6xed-and there pro-
vision made against manGuvre to get him out oil Of
Ace BY destroying and renstsng his COURT The mean.
ing Of Judge's office his civil capacity Judge
to receive Judicial duties. This was to remain
however the courts might he remodelled or even a.
hoishe: then came the 'es II the Legislature wished
to get rid Of Judge, there was check upon their
proc edngs by requiring 23 Of both Houses TO
Mr. Leigh referred to in the history OF the courts
of Virginia, when this principle OF Judge surviving
Of rf cfi
Constitution had been adopted there had been in Virginia
Gen.ral Court with five Judges, Chance
ry Court with three Chancellors and an Admiralty
court with three Judges The latter was superseded
by the pow of the Federal Government. The Leg
lature LETT Chancellor; and then gave ten Judges
to the General Court The effect Of the struggle
to compel the Judges of the Court OF Appeals, to
perform nisi prius duty Judges Of Assize. He then
INFO history Of the creation Of the District Courts
and the transfer of the Judges He contended that in
the present il any chancery jurisdiction was to
he abolished, the ChanceIlors could he transferred to
the General Court; and il it should prove toe numer
ous the extra Judges could he gotten rid Of by the
plan suggested by Mr.. Doddridge. The difficulty
would he Of short duration.
| Mr.. MARSHALL and addressed the COM
mi,tee in nearly The following terms:
The gentleman from Chesterfield has understood the
language Of these resolutions correctly No doubt was
entertained in the judicial committee that the whole
subject Of the jurisdiction Of the courts and the change
their form should he submitted entirely TO the Lee
g.lature. There was no question on the subject
When fret heard the amendment OF the gentleman
from Norfolk, had objection TO II except mat THIS
of appeal. ha been long known 10 the Conslit-
ton OF Virginia and ought TO he retained unless there
utility in the change. As to the considera-
lion that there had been regular and fixed cons'ruc
ton of the Constitution Of the u. States for great
length OF time, that to change the title OF
court OF appeals because the Constitution OF Virginia,
had been in existence for still longer time. But
though my original objection to the change had BEEN
only that il unnecessary, when heard the gen.
teman's argument l FELT more.
shall not enter on the question, whether the
| E.Iar al tnn hxy Tho
of the u s il correct, or whether il will he adhered
TO no.. That question shal not touch--it is not
before the Committee We act on the presumption,
that that construction might he adopted and we ave
provided against il. The argument Of the gentleman
goes to prove only that there is such thing as
Judicial Independence but that there ought not TO be
such thing that it is unwise and improvdent ma Ike
the OF the Judges office 10 continue during good
behaviour. That is the effect of his argument. His
regiment goes prove not only tina, there is such
thing, but that it is unwi.e that there should be-
have grown old in the opinion, that there is nothing
dear TO Virginia, ought to be earer to he
Statesmen and that the best Interests OF our country
are ',-"red by it. Advert, sir, to the duties OF
Judge. He ""' e r,.s between the Govern
prosecuting between the most powerful individu
al in the community, and The poorest and most
unpopular IL is of the last Importance. that in
the exercise OF these duties, he shosd observe the
utmost fairness. Need press the necessity Of this
does every feel that his personal security
and the security of his property depends that fair
| ness. The Judicial Department comes home in its
effects very mans hreside: passes on his property
his reputatian his lf, his ALL Is it not, the
important that he should be rendered perfectly and
completely independent with nothing TO influence or
con'oul him but God and his conscience? You 10 moi
allow man TO perform The duties OF Jurym
Judge f he has dollar Of interest in the matter be
decided: and will you allow Judge to give a decision
when his Office may depend upon III when his decision
may offend powerful and influential man? Your saIa-
do allow any of your Judges to lay up for his old
age: the longer he remains in Office, the dcpen-
dan he becomes upon his Office. He wishes to retain
it, il he did not wish 10 retain it, he would not have
ceptcd it. And will you make believe that If the
of his decision may affect the tenure of that OF
flee, that the himself will not be affected by tina
considerations But suppose he is not affected by it,
the mere repeal of law and the making some change
in the organization OF his Court is to remove him, thai
these circumstances will not perpetually'
knowledge that, in my judgment, the whole good which
may grow out Of this Convention, be ii what it may will
compensate for the evil of changing the tenure
he Ju dicial Office.
{ TIE gentleman from Orange placed his argument
upon this gro1ndhat TO impose such restraint upon
the Legislature TO make imputaiisn upon the e-
gislaure which he would not make-he did not sup
pose possible they would act in that mdnn and he
would not provide against IL. For what do you make
Constitutions If your confidence il complete pro
vision il necessary against mdoing and no imputaor
another Constitution! Consider how far this Equine
extends In the 10Th resolution OF the Legs. Com tee
you say that bill of attander expost fdcto law
shall be passed What calumny is here upon the lie
gi'laure; Of Tho gehtlemsn's native statel Do you
believe that the Beg-ature will pass bill OF attander
port tactic Law! Do you believe that they will
pass law impairing g. obligation Of contracts? not
why provide against n Does not the principle OF the
gentleman from Orange apply as much to this az
TO The other? You declare that the Legislature shall
not take private property for the public with out si
compeDsaon:-do you believe that the Legislature will
| no. prnr ifiotf