Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-31

qure lie, them give to your edia'e courts
both equitable aud legal iuristictionand assign two
Judges to hold coniony these courts of as-izr; exs-
nine cir any other plan you have heard spoken Of 0ei
II have been Wild and see II any dinnu,ion
OF the number OF your judges is 10 he the probable
SUIT bu suppose, sir, that in the felicity OF modcr
Invention, some expeiient should he discovered by
which justice, both at Law and ia Chancery. could
administered. with all the prerequisites of prompt
Iute-conuguity 10 every mans door-faithful impar-
TALLY aud luminous ability; that all this could be done
without time for the judges reflect, much lees to read
4 compare authorities. without the possibility of any
Judge ever becoming sick ever growing oki but on
the contrary always being able TO ride with the cecri-
~ OF one oil Porters expresses-and that all this could
he effected by Je,cer judges than have present.
that should have on our hands one or two super-
nunera,ies. What then!-In short time they would
themselves die he called 10 fill the vacancy o
some other who had di d. For, sir, contrary 10 what
appears the general opinion, my belief il. tina,
Judges, like other men, do sometimes die. But sur
pose they never would die, what then would be the
character Of the objeciion' One, cir, simply and
ciusivcly OF expense.
Mr.. President, will not enquire whether you have
ever looked into the subjec, OF the relative expense
the different departments Of our Government. Every
member OF this Convention Is conversant with the sub.
Icct and need only be reminded Of IT, The cost of the
whole OF our Judiciary establishment that depatinen
oil Government which homo to the obser
vaon the feelings. th. interests of every community
that insti'1ten which protects property our
sons, our repaiaons, and our vcs-tha part OF Gov
eminent which u alone visible aud tangible tile
bicst citizeh-the operation OF this immensely import.
ant system in our political machinery, cots, compare
uvey, nothing. a drcp 10 the fraction
Of cent to every individual in the State; while our
L'gi'laure costs than hun red thousand del
lars annually, in epacng statutes winter, and re
pcaling them the next. The body over which Won pre
side, together with the Legislature now in srs ion in
| wolves an expense TO the Commonwealth Of nearly
81 600 erery day. Aud vet exceedingly appre-
hcn,ive OF the expense Of two snpsrnunerary
Judges for very short time And 20 obva,e 90 dread.
fui contingent evil, willing 10 ove rtrp all the
principles Of Justice and moral propriey. Surety
nomy and retrenchment have become the or err of the
day with vengeance And to minister 10 the sick,y
'asdous taste OF the tm.-, we to adopt constitu
on,i attainfcrs and confscaiions.
But II was urged the other day, by the gentle man
from Apcfa (Nir. G-s) that without this general ato.
'i'on, the ones highly respected and respectable bur
now aged and inirm Judge, whom he indicated mig ht
be called on TO perform Judicial duties in gned
station, aud tho unable to act he o. necessity be
ret'ned the lis, while the duties allotted TO him
would remain untischarged Sir, if ts,i- ar " ere
well founded and another efficient Judge n 10
be appointed TO his place. il il not obvious that still
resolves iself into question o. the expense 10 the
Safe Of 'alsry u Judge But the difficulty ca
occur even by possibility. IL any supernumerre.
'eh out in new organization, they scarcely will be
OF those leas, qualified for ser;ice the old and inf m
Whether they wanting 10, at first, wherever
called on TO render official crvicss 70 Which from age
or ni nifty, they disqualified they can A, oacc be
removed rem office under the prcviion Of that nc
luton, which concrs or the Legislature the power OF
motion, by vote Of two-rds, without assign.
ing the
As TO The particular section Of this resolution now
moved obr stricken out, ,ari III, course Of the
gentleman from Frederick (Mr. Powelll "a corrrc,;-
that lis discussion necessarily involves the whole sub
cc;-in itself il is matter Of little moment The per-
missve, not compulsory authority to the L"gi.a AZURE
to pay to such Judges as might not be re-appointed
"such sum from their age, inrmios and past SER
ces. shai he deemed reasonable" would be than
useless Who is TO judges The Lrgi Lature-and they
only III cases OF age and Uhrmity, well a. Iong
service. bnt suppose your Judge, though long in
service, labours under the misfortune o. vet
ing Vigorous constitution and unmpaired inie'-
iect-he is 10 be turned alrif with the implicit
prohibition that any relief shall be extended 10
him. But IL cases TO abide this partial ecf would hn
strictly applicable is il not snrpriing that should he
advocated by the very gentleman who so powerfully
reprobates what he calls pension system! Sir this
scheme OF judicial pauperism wouli, il practice be
futile. The iudg. who &C cepted it would 60 forth 10
the world with brand his forehead AMI i, would
be rejected with indgna ion ty every individual OF
FEELING or honor -
Sir, cur lbours thus far this subject appear ia me
70 nave operated most congruous result. We have,
by large majority, feiusrd TO strike ut the pre- WON
resolution which provides that abolition or moaiica
tion OF an existing court shall deprive The Judge o;
his olhcc, &c, and most correctly, as | think have
we decided jf we had not, then the Legsli-
mre, whenever for political or other con.ilerations
they desired to get rid OF obnoxious judge would
only have TO abolish his court and he would have fall
en- win H. This, too, by bare majority Of the Legi.-
ia" c. when we require two thirds dsplacc him ar.
btrary. And ys, Sir, after retaining that provision
the one now und consideration. and which in order
Immediately succeeds, proposes TO e.ct every uIg.
from his Office, without The aboli ion Of any court Tie
inevitable inference j.. that what would be torong here
alter Hshf nov: That as to oil judges general
|
under colour Of aboishing their court but as 10 The
present Virginia judges in particular, il would be very
| right ard very proper. t
But, Mr. President these objections 10 the resolution
before us are reierable principally the rights and in.
terests oil the Judges themselves Regarded in this as
pec alone, the subject is Of diminished relative impor.
lance AS was admirably remarked the other day hy
The gentleman from Richmond, (Juge Marshall il i
not on account oil few Individual judges that til prn-
cp'e OF an ePendent jndiciary has bernconse Grated
ny the wisdom OF ages IL is because the interest OF
the State involved 1.-THE best policy of the hole
community requires H..
LIT us, then, examine the 81 objection which have
minated Has not this provision direct tendency Ia
INV abe the independents? OF the juticiary!-No oIv
now, but 10 all future time
SIR, alter the animated, ins.ruc tive and tran<cen.
DENLY able discussion the general subject OF the
Independence Of Judges. Of either Legislative Ex
favoured, hope il will he gned lha, now in.
tend TO oner single remark in addon Of the
| principle.
No, Sir--We have already on this part of The sub
lJect had Moses aud the prophets with us, AMI he
VINO was then uDconynced OF the value, the invioa.
5ilty OF this principle ~woui be persuaded tho
one should arise from the dead. Be mine then, the
humber .a:l: Of pointing out aspecs in
which this independence will be impaired by ibis resc,
luton.
In The very onset Of the PLAN every Judge in the
o"e - 10 ne dsni-sed-with permission, howrv,r 10
be reelected by tie Legislature If he can YES sir
Vhe can That Is, il he can command interest or jnm
ence enough with the gisIature effect favorable
consideration OF his preieDsions--and this ostracism
',H ordeal, THIS walking among the burning plough
shafes' IS 10 occur some year two hence. Sir do.
net THIS, Of necessity, al throw all the judges Of
he oa'c on the elsctionr er'ng from ls time