Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-25

heard he did not mean any notice he should take
IT, 10 utter ono sentiment respecting what had been
done In Congress in the removal of any Judge from Of
nee, nor the provision reported by the Judicial Com
mitee, for the removal of Judges BY twothrds of tho
Legislature When The House should direct its atten.
ton to that clause, he thought he should find little diff
Guilty In satisfying Il that that provision abundany
sufficient Tor the end II had in view. Bat that was no,
now the question.
sentiments on the subject, that he should be compelled
TO contne himself to the strait and path that led
directly TO the object before him, without departing
from II 70 notice any Of the subjects which had been i'm
cidentaiIy presented by the gentleman from Amelia
The question whether that clause Of the let re-.
solution Of the Judicial Committee should be sricks
OUT which declares that no modification or abolition oil
any court shall be construed to deprive any Judge there
oil oil his Office; but that such Judge should perform
any judicial duties which the Legislature should assign
MIN. 10 that single question he should confne him.
sell In what he had now to say.
The gentleman from Amelia, (Mr Giles) had refsr-
red to the office OF Judge and the court in which he
sstas being, for some reason, ndissoubly united Are
Office and court asked Mr.. M synonymes Lett limos,
s'hIe to separate them! Can they, by no eor be sun
dered And IL 1t be possible, is il done In the pre-
sent case, The resolution makes office dep md
on good behaviour; aud IL expressly declares tha the
court may be abolished, and yet the off ga remain
Why cannot language separate theml
Inc constitution means to declare that though the
court may be abolished, the Judge shall continue 70
hold his office, and shall still perform the duties of
Judge. In what does the office of a Judge CON.
sist! L have always understood that /, con
ss,s IN his constitutional capacity to receive Ju-
dciai power and to perform Judicial duties: that he
is brought into office in the manner presc ribcd
lyme constitution and can rerform the duties Of his
once. however the court may be changed. Whatever
may ne the situation Of the courthowevcr IL may be
named, still he holds the office, and if the C,nston
shall declare that when the court abolished he shall
sun hodit there is no Inconsistency the declaration
ihe genemans,ys, that II person be commits stoned
as a Judge oil the General Court, and the Genera,
Court shall he abo.hed his office il abolished with IL
and he is the Judge OF nothing. But the General
Court under the present system constitutions. court
and cannot be abolished. We know that Judge. ybo
were Judges Of the General Court at one ime. be.
came district Judges, and then Judges of IN. Superior
court in the county Should the General Court n. +, .
polished and by conse quence the Office with Il, n.
question would occur. whether the jude es would per
iorm any other duties; but Il you declare in the Con
stuuon that they shall be thus capable, the difficulty
IS removed. And will gentlemen say, that this is i'm.
practcable' But the tficuliy does not arise under
the Constitution shall be, but as il is: the Con,
tuition now declares that the e shall be General
court. lhe Legislature can no more abolish the G.
neral Court than the Court of Appeals But the Corr
siituton we are now engaged in making does nj saw
there snail be Court OF Appeals AMI General Court:
says that the Judicial power shall be vested in
Court of Appeals, in such inferipr courts as the
gi'ature shall from time TO time orain and establish
and In the county courts.
How will the commission of the Jdces be m,de ont,
as Judges Of the Inferior Cours-and ii So the Lers
lature may declare in which Of the Inferior Courts thew
shall discharge their Judicial duty Does then change
oil that particular Court, affect the Office i'm any woy,
What creates the Officer First an election by the Le
gislaure as the Constitution Directs End Commission
by the Governor or in such other form as the ConstitI
uon enIolns. when these acts have been performed,
the Judges are in office. Now, the Constitution shall
say that his office shall continue and he shall perf,r
Judicial duties. though his Court NAV he abojshed
me- because oil any Modification that may be made in
that Court cease to be Judge of the Inferior Courts,
suppose that the present Constitution had appointed
Judges oil the Inferior Courts instead of the
Court and their Districts Courts had been aboli he'd
and Superior Courts OF counties had been esab
ilshcd in their place. would the Judge of the Districts
Court thereby go out Of office? You diversity his du
hes' and therefore, his office is to be abolished! If
understand the Constitution alright, the Legislature can
not, by law create the office of Judge II can create
Courts and may change them at will it may give them
one name or another name, it may assign them one
Judge or two Judges, three Judges: II nav ordar
them to set here TO set there-itmay give them hi.
trict OF several Counties, may direct them to set in
every Couay: Still they will continue to be Inferior
Legislature shall assign them.
Where is the difficulty.
The question constantly recurs-do YOU mean that
e snail be removable at the will of the Legs-
lature! The gentleman talks of responsibility Re-
sponsibity to WHAT TO the will of the Legislature, can
there be no responsibility unless your Judges shall he
eoVaoe al pIeasurc VIII nothing short of this satisfy
gentlemen! Thcn indeed there is an end TO indcpen-
'dence The tenure during good behaviour is a mere
imposition on the public beef-a sound that ia kent N
the ear-and nothing else. The consequences must
no member OF this body who does not feel Them
your Judges are to be removable at the will of the
eSisature, all that that look for from fidelity from
knowledge from capacity, is gone and gone forever
All chance OF bringing upon the bench who know
as much as lawyers at the bar must be given p there
IS an end to it. No respectable awyerw come TO the
BENCH IT, for the slightest cause so soon as he has Sc
parated himself from the baso as he has ncanac
iated himself TO earn comfortable support for his ia.
miy there, he may be thrown out Of an Office he had
peeh o'u was to be permanent and driven away 10 no.
very ana all the Illuminating consequences that mus
cnsuc. $3.50 ~
=, MT NJ, said he was well as.ured his was not VIVA
the Convention wished to do But will il not, asked he
produce this state OF things If By any change or moJi
ncation OF Tue court, the Judge he nut o,,, NJ o
nee: what necessity can there be FIR this, do gentle
men believe that the duties Of the inferior courts will
diminish: That there will no always be az much
Judicial duty you will have Judges In perform II
this is the fact and surely il u.s. II we NAV reason f.
past experience, why make mere tran fer of duiie
TO work removal from Office?
Can any gentleman say that the Legislature will ne
yer act IN this manner? Lock at what we are doing
ms Convention is removing every Judge ro m office
~ one sweep Are gentlemen sure the Legislature
WIZ never do the same hing Is there any call dire
fdto us which will not sound loud in The ears of ths
Legislature! Can we, while at one blow we are ia en-
ing every Judge in the State from his office saw lha
he Legislature will never them in like
heresrer! sir, we should realised the fe airs
when are entertained by some amongstu
cannot set down without noticing the mo-
fsh'y OF the course recommen ded by this measure
Tenuemen talk OF sinecures, and privileged or
ders-wl'h view, IL would seem to cast n
dium on those who are in office. You seduce law
yer from his practice, hy which he is earning n com
iortaOe independence by promising him n certain
support Tor NE, unless he shall be guilty of mi soon
Duct IN his office. And after thus seducng him when
ns Independence j. gone, and the means of suppotpy
n,s hnIy relinq9i.hei, you will suffer him 10 be dis
nnh lao. Al