Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-31
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Courts OF impeachment Of .Messrs. JOHN
SON and NICHOLAS, on Saturday last
Mr.. JOHNSON spoke thus:
would very willingly, Mr.. Chairman, were I ca
pable, give TO the house the information which the
member from Frederick has supposed me DESTROYS
give in relation to the amendment have offered-bu
not-and feel very little anxious for the fate OF
that amendment have risen, not TO vndicate it by
argument, but very briefly 10 explain the ample grounds
on which il rests.
The judicial committee prefer that the Senate of the
State shall be the tribunal for the trial Of mpe ach
men's ag anst judges; these mpeachments being pre-
ferred and prosecuted by the House OF Delegates.
propose that this tribunal shall consist Of the Senate
alone, but Of two thirds at least Of the Senator'S and
portion of the julciAy-that when Judge Of appeals
shah be impeached, majority Of the judges of the in
erior courts shall be associated with the SENATOR'S and
when judge Of an inferior court shall be impeached
majority Of the court Of appeals shall unite with the
senators in forming the court for his trial.
The obvious purpose Of this amenment is to assure
legal talent and legal information TO the court charged
with the trial OF the highest legal prosecutions; and
should suppose that an advantage manifest could not
fail TO recommend itself TO favour unless IL broug hit
with il some countervaing evil.
The Sen lie will DOUBT In time TO come a, II has
heretofore and does possess in general respect
able portion Of legal learning and ability But the con-
situton OF that body does not necessarily require that
any OF its members should boong to the proe sson Of
the law, and occasions may occur when there will be lit
tie II any professional ability n IT, But whenever there
may be, IT will always belong 10 the bar and for the
part MOTTO the most experienced part OF the bar and
I respectfully submit II 10 the good sense of the
Convention, whether that is the kind Of legal talent
to which can most safely refer the important
duty Of expounding the wv, and administering
justice in these state trials which may enlist the feel
ngs and involve the interests Of the whole common
wealth.
There IL a we'll known & wide distinction between the
operations Of that mind, which 10 hsbiiusy engsged in
forensic discussion, in controversial debates indier
emily on the side the other OF any question and
Of that which sled by duty carefully TO guard against
all improper influences, 10 search diligently and impar-
tally for truth and jnstce and firmly TO apply their
doctrines, whether popular unpopular, whether
agreeable TO the prosecutor favorable the accsed
The former is seldom az loss for plausible reasons TO
persuade il TO follow its prediiec ons while the
latter rarely fails 10 disabuse itself Of nreudce 10 find
the path Of duty and 10 follow H. We all know too
that the habit ofdefendng criminal prosecutions beges
ia the members OF the bar strong ion IN
favor of the accused and that II Is one of the first
fruits Of the judicial office to correct that pre-
| 1t Is to the impartial, welnforned and wei balance
minds Of the judiciary, 10 long in The habit Of adj
nnisferjug justice, that would look for aid TO the
courts o!mpeachments in the discharge OF their duties
What is TO be feared from Introducing The Judges In
IN this iribunsi IL IL. that the esprit dI CORPS will
give 20 their minds mproner bias in favor Of ac-
cused broher' This fear, think cannot be well found
ed Remember, that the judg Of one corps, are TO
preside at the trial of those Of snotherha the judge
viii vote only in common with the Senator'S and will
constitute IN the general small minority Of the cour',
that their province will he, not TO CONTROL but n
tighten the judgment Of their associates that Their
judgments will be subject 10 the criticism Of the
sci, in whose presence they are, and that be eca.
cous, they must be recommended by reason and JUS
tice :Remember too, that these Judges who will not
have the fate Of the accused in their hands will be
surrounded by the intelligent honest, aud firm repre-.
senaives OF the people, ready TO detect and expose the
indulgence Of any improper parisli,y-and there
any reasonable fear INDUCED, Of the influence Of