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

am Taylor oil Chesterfield Giles Brodnay, Dromy oole
Alexander, Goode, Marshall, Tyler, Nicholas, Bald
wu johnson, Miller, Mason of s. Trezvant, Claiborne
Urquhar,, Randolph, Leigh Of II. Logan, Ve able,
Maids N, S'anard. Holiday, Cooke, Powell. Griggs,
Pr ndleton, Roane, Taylor of Car. Morris, Garrett,
C!ovd Mathews. Barbour Of c. Scott. Macrae, Green
Tazewell. Loyal. Pren'is Grigsby. Brapch Townes,
Marin, Pleasants, Gordon. Massie, Bates Neae Rose
Coaler, Upshur and Perrin.--56
Mr.. THOMPSON moved to amend the resolution nv
striking from it the Las. clause, which declares: .No
modification abolition Of any court shall be construed
I, deprive any Judge thereof, of his Office; hut such
Judge shall perform any Judicial duties, which the Lee
gi.lature shall assign him"
Mr.. CAMPBELL asked for the yeas and nays-and
they were ordered by the House.
Mr. GILES said that he was not sure that he right
ly understood the clause, hut il he did, il in his
opinion highly objectionable and involved anoma-
ly.
II seemed to be the purpose Of the clause to provide
That alter a court should have been abolished, the
Judge should still hold his commission and continue 10
enjoy his former emolument. II that is true
IN aning, (as he judged from other explanation berg
ow OIL red) what would be the situation Of the Jud,
and Of the conn,ryl Suppose the General Court 10 be
abolished: The Judges had been commissioned a.
Judges OF the General Court: and il that
the Judge as Judge Of that Court. which had been
abolished should sill be Judge, and receive crmpen-
sation There was no General Court that had been
abolished. Yet he was to hold his commission as a
Judge of Court not in existence and by virtue of that
commission to draw bis salary. If such WAS the D..
posi- Mr. GILES declared himself utterly hostile 10 H.
There was no gentleman in the Convention more di
posef Tor the 'in,enance Of the indie penence Of the
Judicial Office than he was He decidedly in la
vor OF nnre durin" good bella vio: but must be
the tenure OF an Office which continued to exist ard
not tenure of Judges Office when the Court of
which he was Judge was no long in being and as
mere apology for paying him his salary But il was
provided that ne should perform any judicial duties
which the Legislature shall assign him" And what
a'ked Mr. c., what. in the name o. Heaven may tese
be! Can he be by commission Judge OF one Court
ana oy tue duty he performs, the Judge OF herr 1t
was mos' strange to think OF h-iiing an Office after
Tue court u which that office I'm had
been abolished Yet by the very mex, Revolution the
convention a. oshed all the offices of the existing
courts, though not the courts hem,eive.: and then
leaves IT d cr-'ionary with the semby'o pay the m
such sums as from their age in6rmitie and past SER
vices, should be deemed 'onabr;" TO this he ad
no objection. But would not gentlemen be content
,h"t When the court was disco tinued The judi should
DE isconinued, when such provision was made for
his situation,
Should this clause he omitted, Mr.. G. said had an
amendment to add TO the I'd Resolution which wa. in
tended TO put the independence of the Judges beyond
doub III provided that in the modification or abol-
uon OF any court, the Legislature should pay to the
Judge such sum 10 them mig apne ar reasonable L
Mr.. q. said that th, re was great difference be-
tween the Independence Of the Judges and the Jude
pendence OF the Judicial Departments and he took an
Illustration from the condition of the Judiciary inv
England. There the Judges were deemed IN he rer-
ectly independent, because their compensation could
nnt be diminished during their continuance in office
we had borrowed the term independence as applied to
'"e judiciary from that country, whence we de rived
our Judicial system. independence related to the Judge
MOI to the Department. The ish Parliament was
held TO he omnpoen and might re organize the De-
FaT'meht NJ pleasure But TO 90 far this re solu
ton proceeded nothing less than TO establish mi.
vileged corps in free community. The resolutions
provided no responsibility for Judge any human
tribunal The worthy and learned genl enan from
kichmons Oudge Marhall had said that Judge our lit
ne responsible only 10 God and to his conscience
now he (Air Co. said that the Judg, ought to be re-
sponsibie to another tribunai,-to a hum,n tribunal
As the Convention now forming a new govern.
men il was proper it should have some guide. some
compass to steer by Ia all other parts Of the Consti-
luton theY had gone the principle of renonsbiIi,y-
ara IN his judgment they ought 10 do the same thing
IN tins case They ought convert the Judicial
once into an office Absolutely independent by stripping
he J"6ee OF all responsibility. But, if they admitted
the principle OF responsibility, why clog H. So az N nr.
ve,t us action: One If the frs; objects in view in
c'ihng his Convention, 20 make the Judge. re.
sponibe: net nominay, but really responsible II te
Convention shonid frame a Constitution cont,;r;, ~
establishment Of prUiieged order of men. they mi,ht
ey ON s being Objectionable, il odious 10 the Peo-
p'e but This clause went to the whole length Of Great
ing such privileged order What was the independence
OF aJndge how long did gentlemen ask that il should con-
nue. surely II was neither less than this: his
o' RECEIVING his salary during the continuance OF
oce re ava moi, surely, want 10 receive il after his
once ceased He was moi to be paid Tor good bella
V'ur mat was not the qHd pro quo: he was maid fnr
1ong ms u"'ies not Tor his good ehaviour. In the
constitution OF the United States in every part of IN
Ia order to avoid sinecure, conversation anil sa,y;e
were invariably connec ed. IL these were 10 he in
sePafaoiy coupled when the service ceased the COM
M q
co'iuoh OF tenure II vas not the service and could
claim compensation ~
when the Office was abolished, LET the Judge rec,ive
o0ueeW; but not Tor his good bebaviour-it was for
MS 'ormfr services ard sacrifices He could mn, IN
he term Independent in all the federal constitution
~ was neither IN the Constitution of the United States
nor IN the Constitution OF Virginia nor ia taI yl;c
was now 10 be proposed Tor adoption. Al that was ne.
cessary TO Judicial Independence was that the Jodgs
should be independent Of all improper in nuence vyhs
ne gave his decision. Independence az appled IN !.
JUDGE was borrowed term: he was willino IN oo o..
lar AZ they wentin England, but no farther o
"nen ne had spoken cf establishing pryileeeJ or
der, he had reference 10 the Sth resolutions:
. O. Resolved, Thai Judges may be reinoy ed from of
nee ny vote OF the N raj Assembly but two thirds
OF ire whole number of each House must conruri in
the Journals Of each. The Judge agsin4, whom tho
Legisiare Is about TO proceed 81 all rec Give notice
ihereoi, accompanied wi copy of the canes aI.gsd
LOT MS removal at least twenty days lore the dv ON
wnch elmer House oil the General Assembly shall net
thereupon" 10y '"N
Here they found, in the first par, of The resolution
me responsibility OF Judge 10 an earthly tribunal
10 use iauer part ttat responsibility wa DE- soyed
by being cogged and shackied There couJ he ,n
need OF urging the necessity OF an earthly tribunal
wa before Their eyes the Judge was liable 10 mpescb-
meh-but IN certain very limited cases where he had
Deen gully OF high crimes and ipist,emeanors Rut
W me present resolution provision was ide or at
tempted 20 he made, for offences less in size but mora
frequent IN recurrence non-feasaDce in Office nom
user, or msteasaDce out Of office. Impeachment miybt
provide Tor lime though in practice, IL was a cum.
pro"s ana cTeultous mode OF securing responsibility;
but here was provision, which declared that a, aoy
me, Judge might be removed but de Of botb
Houses must concur. This was ipserteJ for what,
LOT the very ing he wished TO avoid He yvshed IN