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

the Legislative body about the continuance OF his Of
fec, but to repel the charges Brought against him.
Ana say that no esi.l;turs on Earth with these two
Judge by the abolition Of his Office when the other
clause says that byits abolition hs shall not be
for being Judge.
will now add two or three remarks, and then re-
sumo my seat.
I am we'll aware the question Is adficut one. The
Independence ofthe Judicaryi mean its Just and
sonabie indepenJence-s what will never brea ak in
upon: but will not consent TO make the off &c OF
Judge continue again.tt the will Of the Legislature and
oil the People The Legislature will never attempt to
abolish the eff e OF Judge, unless they shall deiibc
rately believe it TO he Tor the public good: and then
they ought TO have the power to do il. There IL
possibnyI grant, that they might abolish the sake
oil getting rid OF three letters Of the alphabet and i'm
meia ely nsate IL fo' he sake OF putting into il three
other letters i'm their such thing possible: but
will not impute such purpose to the Legislature OF
my native State. and from the dread OF such deed
lie ~ their hands from abolishing cihce which they
have found TO be useless and injurious.
MIR. VENABLE said he In favor OF tho resolu-
ton as il stood, and against the motion TO strike OUT
al the evils on both sides: and am disposed to take
that which think the best II the assembly should
| wish to get rid Of some Judge or judges, they may
not, 10 be sure, be inr the Legislatures some
Of our neighbour; but if they should, il will bring
great stain upon character: and the moment they
shall recover from the terporAry heat and exciteme
unaer which they did the act, they must themselves
become convinced that they Have done very wrong
On the other hand stppose the change or aboii-
ton Of particular c6trt should leave few Judges
to spare, what will be tho mighty mischief? They
will only havc.io go into some Of the o:her
conrt' during tie remaining period Of their Iit and
wl.h they die there will be an end OF the difficulty
they will always be valuable elsewhere, if not in the
court where they were first appoined-snd where 10
the great dficui,y' But should consider it, and my
friend from Orange acknowledges that il would he,
great evil indeed, if the Assembly Of Virginia shonid
be tempted TO abolish Court for the sake of getting
RI, OF Judge. This was. the view OF the subj &C,
which taken in the Judicial Committee and feel
confident that the clause Ought to be retained.
| Mr.. SrANARD expressed his surprise that his acute
and sagaciou. friend from Orange (Mr. BarbourN had
o'a'ly nisconceived the terms aud scope of the
he wished to s'rk. oit; and had supposed that the
terms OF the Sh Resolution could in possible contn
.ency DO fonni remedy 10 the case where a 60nn
te honest abolition Of one court was desired and the
substitution Of another differently organized room
Let ns look to his general reasoning. He thinks pro-
per TO indulge in the pleasing anticipation that eli
morality and integrity exists and will forever here
after continue TO exist in the Legislature that he
expect probable nay, not a. possible or barely 80
that spirit will he dominant in that body that will lead
10 the cxpedcnt OF repeating law ,uizing parli.
cular Court and then to re-enict il, for the sake OF
getting rid of some obnoxious Judge. And he thinks
this, the face of the experience very x
perience, OF two of our neighborng States, besides
other examples which might be quoted: in total obi-
won of what passes under his eyes, and what we all
know daily to happen, viz thai WHEN the passion, are
highly excited, no means that the Constitution allows
w,ll remain unemployed 10 crafty those passions
What was the course pursued ia Kentucky! Under
the influence OF passion, majority Of the Legislature
b.came embodied against certain Judges that State:
u
ments, ljust such this resolution Of ours propo.
ses to do) II required two thirds OF both ou,e nut
The Judges out OF office. After impa,ioned srug-
gle they aiie'l TO obtain the requisite NUMBER aud
rus rael in their plans of veng ance the majority re-
sorted to the exercise of power which their Constu-
ton did no forbi, and forthwith assed n law disc ,rd.
ing the whole court, and turning every Judge OF
his office and then Immediately re-insiaed the court
with new Judges. Sir, will this b, atte mpt.d
here! wiz not some infamsd majority, unable under
the Si Resolution, TO accomplish their object, aue,np
to do, what the amendment OF tn, gentleman almost
invites them TO do, know not why are 10 be free
| fran the passions which sway other men.
The provisions of the clause proposed be stricken out
are the more necessary in consequence of that in the
resolution. And has the gentleman who processes (and
doubt not sincerely ees) such friendship for an indie
pendent Judiciary. looked at the influence which his
measure will give to the Legislature the Judicial
body. 80 Tar as II operates, its tendency is to mould
the Judge to the Legislative will certainly lays him
under the strongest temptation TO in
mat WIN. Here MIR. s. put the case OF an unconstu
onai law having been passed. and the trying situation
OF the Judiciary il liable to have their office egislaed
from under them. But for this provision every mod
| hcation OF Court may incorporate the repeal of
the commissions of its Judges, and put every Judge out
oil Office by stroke of the PEN The Legislature
not provide for the continuance of Judge in Office by
mere act OF law. III the law constituting the Court is
repealed, the Judges will go with it: and this possible
y would hang over every Judge in all the Courts Of
Virginia, from the Court of Appeals down TO the Coun
~ Courts Besides, clauses may be introduced without
observation, and by dexrous management be retained
till they pass with the of the law and thus turn the
Judges out OF their office From the of the
case as the Legislative and Judicial Departments
come into conflict with each other, the power of the
Legislature will be put into operation those
who are obnoxious to their Iii pleasure and this in the
face of the vain and (as il will then become) the rdi-
culous Limitation contained in the Sth resolution. Let
us be consistent at least Let say that majority of
the Legislature may, at any time eve Y Judge
oil all the intermediate Courts, and them upon
scandalous cXPedients TO attain by indirecon what
they may well be allowed to attain openly and with
out disguise.
But the gentleman from Otange, labours under to-
tai misconcepon Of the terms Of the 9Th Re solution
fInas -,
ting rid Of useless Judges, where the Legislature 6ona
lFde, nd without any enmlty against the Judge, abo
hes the Court and r~-otganles in order o improve
H. III supposed, that Resolution only gives the Lrgi.-
a'ure power TO remove Judge from an Office which
continues; and if the Court il aboh he then sun
poses that this cannot be DONE He asks, how can
man be removed from Office II the Office itself il.
destroyed! But the clause in the lat Resolution
which he proposes TO strike out, prevents the abo.
i'ion OF the office, the abolition OF the court not
| withstandine' You may have abolished the court
yet that eiatfse says, he il stil Judge. He may
hive lost IN. Juriscicoh bui he is judge si and
ans his judicial office. Can there he any better cause
| fof the amoon Of Judge, than that the Legislature
mas asrer'ancd that the which he belonged il
OF no vs'uef that II shall be abolished and liz nrsdc.
honexercised by some other court shall TO be
exercised at all? and this bOnd fte. say, could there
he better cause for The atno,ion Of Judge than this,
For such case, the 9Th X solution furnishes an \ IN.
pie remedy; hut ii is provided under mi. s,i,ttsry
check That the Legislature is inhibited under the mere
colour OF abohsbing the court 10 do so with the I'M
haowed purpose of deprivng the tIiye Of his Off re
" you give the Legislature this p,wcr they NAV dis
band the whole Of the Judges at pleasure.
Bat The gentleman tells there are dangers in the
way Does he expect the country goes on increas.
ing in its population. and the extent Of il. settlements.
that judicial establishment In he