Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-12

ne MIR. would not even give to 2-5rds of the
'"yislature power 20 remove JUDGES He WINS
opposed tn giving a carte Blanche. -
Bat there is another way OF rtmoval-tao IAegis-
fhFs can re organise and modelte court in which
the Judge IS fixed. lie was opposed TO placing the
ll!ical independence danger, for the patry consi
deratr'n OF saving the salaries of one or two Judges
MI tAHEwELI said he would propose another
amsndnnentto strike out the words "a Court of D.
peals,' and insert cone Supreme Court, in the be-
gnning of the frst resolution. This may appear a
verbal criticism. He would not stop to enquire whe
tiier 1t was His motive in proposing it was
that the resolution would confirm to the Consti-
LUTON OF the United States. We shall then have
one Supreme Constitutional Court, and such courts
ms the Legislature may ortain. The question nov,
before us III relation to,hc last clause of the first
resolution y" modif alton, &c" This clause will
De confined t0 the inferior courts The Constitutio.
SUBMITS to The legislatures discretion, absolutely
itheSe interior COURTS aud nevertheless the Judue
will be retained These words give discretion to lin,
Legislature TO abolish modify the inferior courts
docs the Judge retain office when the office Isef is
abolished! What kind of office is il! Is it constitu-
tlonal or Legal Fit Is under the Constitution the
sinecnre must be perpetual Thunder the law, the
D repeal OF the law repeats the officer also
THIS Is a strange anomaly. The organic law rives
Tn" power to the Legislature to abolish the Office and
retain the persons who ii led it.
Preserve, SAID Mr. 1AzEwEIL the indepen-
dence of your Supreme Court, and YOU NAV leave
the other Courts 10 be modified at the dis
Crrtion of the Legislature circumstances require
You have all the Independence you require. But how
Is ths Judge, without judgeshp, this Judge without
jurisdiction, this officer without place. how is he to be
compensated The Legislature has the con,rouI of
this appropriation lie proposed, therefore ,o mall,
the Supreme Court of Virginia as indeprnden, nc ,h
Supreme Court of the United State and the inferior
Courts similarly independent those of tue United
States.
Mr.. CAMpRELL said lie would vote for the amend
ment OF the gentleman from Norfolk. for reasons
frs for the argument with which it was urged and
secondly, for the amendment itself.
Mr. Nicholas said he would vote for the amend.
ment offered by the gentleman from Norfolk He
aated he induced do this for the reason stated
was he la Of ttaI
Constitution of the United States" He would, be
said, vote against the other amendment strike out
Mr. LEIGH rose to assign particular reason. why
Ire wond vote against the amendment of his friend
from Norfolk. The difference between these two
Courts Isl that if the Words the Supreme Courts are
introduced, it will give the Legislature power TO
invest that Court with original jurisdiction whereas
If the words Court of Appeals retained, this SUI
preme Court of Virginia will remain as it s-one
merely of appellant Jurisdiction alone. AS to the
principle here contcnded fur the whole of the first
resolution l.. said, should be taken together BY
1T, the whole jurisdiction of these Courts to be reg
ufated by lawafter stating the of office, then il
refers to the abolition OF Courts It is plain, that
when consider this abolition, it that ii will
not deprive the judge of his civil capacity dis
charge what judicial duties may be assigned TO him.
under the new organization OF the Courts We to
give to the Legislature, the power remodel the
Courts according TO the exisences Of the times, but
not for the removal Of judges who be unpopular
But should such unjust cause be assigned for such
removal the resolution then requires two-thiPs oe the
Legislature to remove him. SO he understood the
resolutions and if he wrong the details might be
IL
tuition of Vrg'n The principle now contend
ed for, he said acted upon the adoption of the
United States Constitution, when the Court of Admit
raity abolished. The judicial system was then
changed, and the judges of the Court of Admiralty
retaining their were transferred TO the General
Courts. The same, he said was proposed. If
the judges become too numerous, the remedy is
when vacancy is made by the death of any of them
the vacancy should not be filed So it was with the
Court of Appeals.
MIR. MARSHALL said the gentlemen from Chester
field (SIr Leigh construed the judicial report
rec,ly There is no doubt but the whole modification
of the Courts was intended TO be left to the Legsa-
ture. When he heard Mr. 1az-well's anne ndmcn, he
had at first, objection to it, His OBJ lection now
first, TO the change of terms, but when he heard
his argument be was further opposed it. He would
not medde with the question, whether the CON
Eress of the United States had made proper con
struction of the Constitution. Ills argument was
that il would be improper to make the judicial term
independent. The effect of his argument was TO
Shew that the inferior Courts ought be ndepep-
dent lie had grown Old IN the opinion that the term
Of the Office of Judges should be during good beha-
viour- He referred to the duties of judges. They
are to pass between the government and the person
accused by it-between the richest the most infuen-
tia and the most despsed. The judicial does not pass
inequalities. Ii important the individual eyer
csing such powers should be independent We do
allow to be witness, juror, or Judge if
he has one dollar depending on the question. Will
you allow him to be Judge it his office is dependant
his decsonl Your salaries do not enable any man
the judicial bench, TO lay up for old age. The long.
eV he retains the situation, the dependant be-
comes Make him believe that the he decides
any particular question, the of his Office and
what will be the consequence? Consequences the
most deplorabie
Whatever good, said Mr.. NJ will result from the
Convention, the evil will than oounterbaIance
the good, if you change the tenue of the judicial
Office. The gentleman from Orange believed mpos-
sble that the Legislature would be guilty of any such
act, and he would not therefore support these provs-
ions, intended to guard against possible abuse why
have written Constitution? observe in the 10th
resolution Of the legislative report, the following
words: 'ftha the legislature shall pass any bill Of
at,a;nder, enact any ex post facto law, &c What
q calumny you heapng your Legislature. 10
you believe that they will be guilty Of such actsY
o you believe they will pass bill of aain,erl
DO you believe they will evev pass an ex post facto
law IF sot, why provide against it. The argument
applies the present There rs another rcsol
ton of this knd-"Resolyed, That private property
cannot be iaken without making ADEQUATE comner.