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

upon Virtue and H0od Intentions the TegsIaiure
Tor the security OF their offices, would he them
upon its wisdom as their safeguard, II idle be.
'iet They never would be insensibe TO the effect oil
popular Glamour aad discomfort, to the excitement
o party politics IN high party times. There be.
sde', feeling engendered by the mere conf ct Of O.
Pinon between as iadeps Judiciary who sought to
restrain their excess and ardent body pressing for
favorite scheme which could but expose the ormer
to danger. What was the object Of creating an inde-
pendent judiciary vast merely to secure III. salaries
OF few m"n' Far from il. That did not even enter
into the question.
TWAS to enable the poor AMI dc spised man 70 come
on equal terms. into controversy with the rich and the
powerful; IL was TO enable the unpopular to APP
peal with confidence TO the tribunal of his country
against the popular idol Of the day il was TO enable
the humIies, citizen IN the community, to stand firm
and erect before the Commonwealth itself. In pouu
cal point OF view was TO enable the judicial branch
OF the Government. TO prescribe limitations to Legi.la
tive power itself But could il answer these nobiest
aud best c ends ii its functionaries before they pro-
nonneed adeeison were TO look at its effect upon their
own subsistence, and the comforts Of all whom they
loved: Compel Judge 10 look at this, he cond
ind ways and means OF justifyng any decision, which
hs or his safety might require il took hut Iii,
tie trouble TO muster up law enough 10 effect such
end. The late Judge Pendeion used TO saw, that when
cause had been examined by him, the first aucs-
ton he asked himself was, which decision does
Justice require! and then he set about find law
tain that decision. Seta Judge to enquire; what does
policy demand! and he drve,Ier, II he could
hndiaw ioru None ought to drive, wish TO drive
any Judge TO consult such unworthy motives. How,
then, would the Judge stand surprising the clause 10
he stricken out, "a proposed by the gentleman from
orange! an unconstitutional law b al been passed.
against vote OF two.hirds of the House but if the
law was known to be very popular, he would have
son to lear. How, then, was the pove- Of the Leys-
lature 10 be exercised against him.
Mr.. j. said he would give his vote for the pro.
vision which went 10 remove Judges by vote of two
thirds OF both branches of the without any
crime having been proved against them. Ifthey were
to be removed for bodily for mental inability, he
had no objections: but he would consent 10 give
The Legislature carte blanche to put any Judge they
pleased out OF office they could muster majority OF
two-'hris OF their number against him. The Judge
might further be supposed TO ask himself ii they TAI,
10 get two thirds is there other way in which they
can get at me How do hold my office, am no, to
Judge OF Court which the Legislature yesier-
day organized aud which they may tomorrow modify
re organize or abolish. II hold my Office by the
tnuation Of the court as az pre- organized. the Lee
giSature may say this man, by his decision, has de-
i-aei one OF most ivorite objects OF polcy-the
Governor perceive takes part with ihem-hc says to
mem, you made most wise and excellent law; en-
rely approve OF IL, and riel my best to put il into
excuor but that unjust and oppre ssive tribunal ha.
refused 10 sanctionit. Can suppose that hin, from
Head Quarters that the court is not wisely and inci-
only organized will not be sui cien Does any gen
teman here. asked Mr.. ]. believe that the JudSc
would reason unw;scly' does any believe tina, the
Legislature under such circumstances would stop for
one hou! No-ihev would org anZe the court and
thus get rid Of the Judge. / have no doubt said Mr.
that among the schemes of reform, and we shall
have plenty OF them, the Judicial office will become to
w
OF tlie predecessors Will you give them this power?
and do you believe that two three or ten or twenty
Judges will stand in their way? not in the least.
Mr.: j. observed that any judicial duty that could be
performed with judges might be well per formed
by 20: supernumerares, in that respect, would be
'er?u! 'npedimen's a. 10 the expense, that al
ready incurred, they mast pay them, simply because
my had them. Besides the objection the ground
oil economy diminished with every life that fell. And
viii youaskeh he. encounter serious a danger on the
pairy consideration of the s.larie. Of some hG dozen
M nj if.a III al
look al the plans OF reform, and tell which of them
contemplaes the least dimnution in the number of our
Judges! All that have heard of, contemplate an in
crease Inc objections then, rest the basis Of
naked pOssibiitu
Mr.. TAzEwELL now moved TO amend the amend
ment OF MIR Barbour, by striking out the word. " A
court oil Appeal and inserting in lieu thereof the
the words, =" One supreme court. In advocating the
amendment, Mr.. +. observed that this, at frst view
might appear to be mere verbal criticism. He should
not stop to enquire ii it were not, but would go
to observe that by so altering the phraseoogy it
constitution Of & eoqor% in terms to that used in the
the benefit of the settled Interpretation PUT unon gt
phrase, which would answer the great argucn Of he
gentleman from Augusta, (Mr. Johnson) Then they
would have the one supreme court of the State,
stitutiona court and the inferior courts Legislative ones
and as accodingo the settled construction of cons-
tuition oil the United States, Congress had power re-
model or abolish the inferior courts Of thu Unon the
Legislature of Virginia, would have power over the
inferior courts of Va. Then the gu son as to the
operation OF the clause proposed by his rieni from o.
iy to Courts Of the latter description and was very
singular proposition s,hat while the constitution per.
United the Legtre TO modify that portion Of the Ju
dicidl power which is lodged in the inferior courts, alb
solu'ely and without condition, it was proposed that
while the courts to be submitted the Judges
to he preserved. He I'd unde one re-
mark which had been made the word Office He
took il 10 he settled under the words that Judges
may be renewed from Office that the Legislature had
power TO abolish and modify inferior courts; what zen
became of the office? f il remains said Mr. of what
sort il l.! under the Constitution; under the law,
under the Constitution, then, whe the Judge dies the
office remains and there must be appoint cd
and il remains sinscure il under the law when
| you reneal the law you repeal the office | do
| not then under'tand bow the office remains. I al
ways apprehend'd that the Judges office pertaincl
to this court, and could not continue after it, There
will be strange anomaly existing in Virgins which
exists no where elEe, nor can. The Legislature ha
power 10 create modify and abolish an Office and We,
the incumbent of the Office is TO he saved though the
office may cease. What the reason Of th! The o..
fee of Clerk and Marshal ia held during good
behavour.-Why must not they too retain their ofr G.?
| unless there ia something peculiar i'm the cha
| racter OF Judge. Does independent Judiciary
require that the inferior courts should be independent
Of the Legislature? Was such a ihin- heard Of
upon earb IL is true there must be an inIependsnt
Department, hut there is need bu, of such Do.
par,msnr-the infer or courts I've subject 70 the
Legislature Preserve your Supreme Court indepen-
dent, and you get all you need All your proyi sons
are vain What does il all amo1nt TO? You abolish the
court but do not abolish the Office. Yonr Judge is stiI
preserved in posse-not IN esse--a Judge without in
risdic'ion AN officer without pace-a nd whyi for
what? That he may get his salary. But WHARF il he
10 get ip II must be paid him by the legislature But
il you are 10 presume ma Ia fdes in the Legislature
the salary OF the Judge being under their control the
may withhold IL At pleasure, and how ar, YOU TO hello
y0urselve Ii will always tie soft il in the nature of
The case, and you cannot changc re medy il.
If the amrndment shall obtain that the Constitution
Of Virginia will read the Federal Constitution does