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

ginal between the contracting parties! IL
not strange that there should be difference Of opinion
| nong when the commission itself in,icztr the
tsrm.' rerm', ,oo. literally anil substantially co in.
c'dent with the received theories of the abest political
| wri'ersi in Europe and America And yet the gentle
man FROM Frederick (Mr. PowelD has just informed
IA that no compact. express implied. existed wher
the Judges accepted their commissions, inconsi,tent with
their dismissal, Ia. adoption of now, OF anne n,s
Cou>t'u'icn. Aud the gentleman from Amelia (Mr
Ciies) has than once, in retersncs to another
branch OF this subject. expressed the opiso that "th,
tnuancc OF the office itself" Sir, cannot but dis
trust the correctness Of any opinion may have form.
ed. when see among its opposer. gentlemen jeserv
eddy standing highly these. But, had alw avs
supposed aud such surely il the trritten srdence L.
sr, the record Of the terms which u is not compe-
tent for either party to DENY. that the contract H. in
deed, neither nor the her,hut during good be.
hs,iour-ahtm sc beae gesserit" Not during the
continued exis'ence Of the Off .e surely; for breach
"eood behaviour" would properly operate the
al Of the Judge from his Office when might be very
nexped ent abolish the office itself The real un.
dertaking H. that the Judge bis part sha faith
render all the services he in the discharge of his
official duties and the State engages that nc shall
inue to occupy Tire Office, long he co,inus. TO
behave WELL" And by aroshcr provision Of the Con-
stuiion, on the faith Of which he contracts the
gagemen, 'sbs salary shall not he diminished during
such Continuance i'm Office" So long thsn as he Is able
rHpig. to discharge the judicial tuLctons which he
was sppontedo in the technics sngu age which time
bascousecrs'e. and which imports pre- csey the same
long he behdoes ,ccii, the State its part
neither the right TO dismiss him from office abate
any portion of his salary Now, all the world would
cry the bad faith-the gross Injustice diminish
ing his salary one-halG but only take awayd by dis
missing him from tho station which yo. engaged nc
should occupy during his good behaviour, and then
there is no Injustice in the proceeding This sir.
not be Legitimate induction The State constitutes
OF the contracting pares-thc Judge the other We
have the physical power it is true, but is il morally
proper that party should rcscind the contract with
the consent of the othcrs As between individuals
there Ia not code Of laws on earth which would moi
Ieprobatc II.
| N. q
assure, ~, that the present jndri.i incumh"ns will
with fsw exceptions, no doubt, he reelected by the
Legislature. So far az this considers on-this
tain expcc'aon-is TO afIori me;ive Of action TO us,
beg that il NAV he examined Tor moment That II has,
and will greatly influence the course Of many gentle
men in this BODY. we are not left to doobt We make
all the Judges (" walk the plank" offending unof
fening, under the expectation, that when we have
plunged them all in the ocean, the Legislature will
sendion' safety boats and pick them up Some, they
M doub, will pick up,-soms, IN. certainly will ro.
But pray YOU, ST., far concerned, is not
the principle called TO adopt, in expunging
all OF them from the roll Of officers, precisely the
he re-insiated' What more could do 10 destroy
them! II would, indeed, be most prosecuting and
vindic've dsfranchisemen which would go the length
of destroying their capacity for all future Office. In
this respect, 20 leave them exactly in the
condition with every other person. IF re-appointsd by
the Legislature, they will bod unfer their
missions onlv They will have higher constitution
al or legal claim 10 SELECTION than every other citizen
Of Virginia. There will be obiis alton the elect
ing body, TO provide for them. There are other law
yers in the State, equal in legal abilities 10 any Judges
and we have no dombt, many Young lawyers among us
who, in their own judgment at least, very well
qualified TO fill the seats OF the present Judges. And
il the Legislature shall re-elec, most Of the present
cumben's II will mainly tc ascribabIe TO that moral
sympathy which induce the generous to elevate
those, whom they regard AZ having been uninst'y de-
graded So that in truth, look 10 the leg latve
appointment OF those Judges, whom about 10
cashier, with confidence inspired by the belief, that
they well and feel that we have done them injury,
Il. a..
may do right Sir, this canno, be morally polt cally
correct.
Mr.. President, said that this appeared TO me- not a
rcfoTMng hut revolutionary movement. Ii is c0rse
than revolution. Whcrs has the most thorough and
radical revolution ever occurred among people pre-
tending 10 civilization, in which the contract, and disa
hlies OF the old government not recognized and
respected by the new? Even in absolute monsrchies
where the government, itself resides almost exclusively
in the ofthe king, and the revolution las resnl-
ell from the election FROM the throne Of acknow icdg
ed pretender, the national debts and engagement,
of the previous reign cancced' Certainly not, Sir
The principles Of international law veil as Of moral
propriety prohibit il. The United SAFES this very
fine IL am not greatly mistaken, have claims of tina,
character, in % iaon with more than foreign
Court. who has forgotten, that after revolution, and
when every tie which bound us TO The mother country
had been severed, (excep the ties Of universal jnscs
hich should alike obtain in every eyion
aud in every age } that the inspired ecqueuce Of the
immortal Henry himself, pd,nIy exercised, in Iii
city, 10 persuade the proper tribunal, not TO refuse
the payment Of the British debt! And is that which
woCl'i ne tnOraIV wrong betWeen Nations between
individuals be right between Government and one Of
ts citizens The only difference must be, that in
regard to naions the parties ordinate in dignity
and power. treaty or war secures the rights al
Drds The remedy In the lattcr case Of the pa
is individual, dependent the other for prote
worm under our heel whom we have power 10 grind
to dus' il such he our pleasure.
Sir many of these Judges have been long in Office and
may be thought that the duration OF their tenure has
already transcribed their most sanguine expecta
tons when they accepted commission that at least
there will be less of injustice in dschargng these
cent servants without their six months pay in ad
vance," they have so long drawn salaries from the
public treasury. IL may, sir, for aught know, have
been less in mercy than in vengeance, that the Amigh
~ Providence has thus proracted their existence, in
coldheartcd, changeable and ungratcful world
that your existing establishment included Judges, re
Gently commissioned, appointed within be last year
two. Whether the fact a,cords with the supposifion
leave with the House-and suppose that these JuIges
in accepting Office had TO abandon lucrative profess
sion. III they had not. they not tit for Judges
profrs iDn, on which themselves and their families
we're dpendcot more Lucrative greatly than the
Offices OF which they are row incumbents, bu. ex
changed for those offices in consideration Of Tie supc
rior permanently auI riiu'y OF the annual ayails
You have se,iuced these gentlemen from their
practice, amt. kept them from it exactly long enough
for them TO have lost il all. Exactly long enough,
for all hopes Of usefuness--of disnction-nay sir
Of support 10 be barred against them in that di.
rcction forever. Every observer must have remarked
the extreme difficulty Of any professional gentleman
in possession OF extensive practice, but has
temporarily abandoned IT, ever rcgaining 1T Why the
fact should exist shall not pretend account for but
have all it, and know that he does set ou, on
his new even with equal chances, with his new
and inexperienced competitors Sir, will this effect If