Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-12

Legislature "A uScr 20 era,loge Judges. He w.
opposed to givin u fITte Jf.Fcic.
But there is anotiNr way III mo a -iiic 'iN
;Ire can re organise 'url 80 mod ruu IN Mnici
re Judge is fixed. liswas opposed TO plc,,g t..c
iical independence IN danger, tor the paltry cons
dcration o saving Tho salaries OF or two JUDGES
MIR. TAzEwrLI said lac would propose another
uucn I'm .itto strike oUt he wCri- ga Cnur al An
prals." unh insert ''one Supreme Court" in the be.
ginning Oi the nrst resolution. TINS may appear n
verbal criticism lie would not STOP To enquire wine.
;hcr ii was so ar not Ills motive proposing it was
thut tho r"srlutinn would Confirm In the Con.t
tuition ct Ia" United States. We shall then have
ono Supreme COns' itUt onl Court, and such courts
rs HE Lgslaiuc may orlaIn. The question now
fore us Is IN relation last clause of he first
rsolntipn-''N n" motii' alton, &c" This clause will
b coni'cd 10 the lnterl courts The Constitution
Submits to The Legislatures discretion, absolutely
all these in'rJr courts, and never helc>s the Judges
will be rc'nred Thsc word rive a discretion to the
Legislature 10 ubo+h IN ,dlfy the inferior courts
Docs the lndgc rltain niicc when the office self is
ubolishG What kind OF office Is j.! l. it cons. u
'iou'l or Legal fiji is under the Constitution, the
sIVecurc mps' he perpetual II under the law, the
rcp"al of the law repeats tue officer also.
Tins is strange aruHuly. The organic law gives
the power to the Legislature to abolish the office ant
ie.ain the parsons who ii led il.
Prcsrtvr, SAID MIR. TNzEwrrr Tic indcpcn.
dencc OF Your Supreme Court. and you may leave
the other Courts % he modified at tho dis
crctisn of the Legislature as circumstances require
You have al the independence vi require. hui how
IS this judge, without judgcshp, this Judge, without
lurishctOn this officer without place, how hr b,
compensated The Legislature has the conlroul q
this appropriation. lie proposed, therefore. tn make
The Supreme Court of Nirgnia independent as Ia,
Supreme Cnur, of the United State s. ;iud the inferior
Courts similarly Independent those OF the UniteC
States.
MIR. CAMPBELL said lac would v.te for the amend
of the gentleman from Norfolk for two reasons
fIs, for the argument with which it was urged anG
secondly. for the amendment Itself.
Mr.. NICHOLAS said he would vote f,r the nm md.
urrnt offered by the gentleman from Norfolk lie
he was iced % do
by that gentleman, 'That it the language of the
Constitution of the United States" lie would, he
said, against the other ancndmen, to strike ont
Nj. LTIGu rose To assign particular reason. why
he would vote against the amendment of his frienc
from Norfolk. The difference between these two
Courts is that f the words, the Supreme Courts ar,
introduced, it will give the Iegi,lature power tt
invest that Court with original jurisdiction. whereas
If the words Court of Appeals retained. this Su
preme Court of Virginia will remain It Is-one
merely of appellant jurisdiction alone. As to the
principle here cont>n led for, the whole OF the frs
resolution, Mr.. T.. said should be taken together Il,
IT. the whole jurisdiction O these Courts is be reg
ulacd by lIw-after stating the of Office then ii
refers to the abolition at Courts Il is plain, that
when consider this abolition, it means that it viii
not deprive the judge of his civil capacity to dis
charge what judicial duties may be assigned TO him
under the n-w organic of tic Courts we are tt
rive to the Legislature, the power to remodel the
Courts according the eXGcucies OF the times, but
not for the removal of Judges who may be unpopulor
But shomld such unjust cause BE- assigned for sucl
removal the resolution then requires ,wo-thirls of the
resolutions aud If he wrong, the details night bs
amended hereafter. He then referred to the Cunsti
tntiun of Virginia. The principle now contend
ell for he sad acted upon, the adoption of the
United States Constitution, when the Court of ADM
raity abolished. The judicial system was tlieI
changed, and the Judges of the Court of Admral,,
retaining their power, transit rred TO the Genera
Courts. The same, he said, now proposed.
the judges become too numerous, the remedy is
when vacancy IS made by tho death of any of them
the vacancy should not be filed. So it was with III,
Court Of Appeals.
Mr. MARSHALL said the gentlemen from Chester
field, Mr. Leigh) construed the judicial report cor
rec w. There is doubt but the whole modification
of the Courts intended to be left to the Lcgisa
turc When he heard Mr.. Iazrwels amendment, hc
fad at first, objection to IL. His oh lection now
was: first, the change of terms, but when he hear,
his argument he further opposed to it. He woult
not now unedde with the question, whether the Con
Cress Of the United States had made proper con
strticton of the Constitution. Ills argument was
that i, would be improper to make the judicial tern
independent. The effect Of his argument WAS, to
shew that the inf ror Courts ought not TO he ndepcn
dent lie had grown old in the opinion IL AZ the tern
Of the office of judges should be during good bella
viour. lie referred to the duties of Judges. They
arc to pass between the government and The person
accused by it-between the richest, the most infuen
tal antte despised. The judicial does not pas
inequalities. 1t IS important the individual exer
cisinr such powers, should be indie pendent. We dr
not allow a be witness, Juror, Judge,
he has one dollar depending on the question. vii
YOU allow him to be Judge it his office is dependant
ON his decsion' Your salaries do not enable any
on the judicial bench to lay up for old age The long
CT he retains the SITUATION, the ole pendant he be
comes. Make him believe that the manner he decides
any pariicular question: is the tenure OF his office
what will be the consequence Consequences til,
most deplorable.
Whatever good, sail Mr.. NJ will result from tho
Convention, the evil will than counterbalanct
the good, if you change the trnue of the iulicia
office. The gentleman from Grange believed timpo'
Gihle that tho Legislature would BE- guilty Of sucl
net and h. would therefore support these provis
IONS intended TO guard against possible abuse. WHY
have We a written Constitution observe in tic lot
resolution of the legislative report The follow Ing
words: "that the legislature shall pass any nil &"
Gttaindcr nor any post iacto law" &c. Wha
caumuy you heaping on your Legislature u,
you believe that they viii ever be guilty of such acts
lIg YOU believe they will ever pass bill of attandcr
10 YOU believe they will ever pass post E,c,t
llw} If aot, why provide against it. The argumen
applies to the prcscul CASE lh,Te as another rcs"lu
cannot he taken without making an adequate comp n
sation tor H." DO sou believe this will bcl There i
little reason 20 believe ihlt tie Legislature wi
~ ID at Inc cri