Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-17

pointed the three Judges Of the court Of Admiralty,
be Judges OF the General Court. They were so com
mssioned. that they might be made Judges OF the
Court OF Appeals. There wasno Obligation on the Leg
stature TO elect these particular PERSONS but they
were selected, because they had been Judges: this
was the overriding motive, which prevailed in theiI
election. never agree to introduce into any Con-
suuion principle, which virtually declares. that
snecure shall he created, 20 support without
employment, because he has been Judge. never
will agree 10 create band OF judicial pension
.rs. call them what you will. He who periormsa du
y should he paid for erorning IL; aud he should not
be paid, unless i,loes perform il never viii corr
sen, depart from this rule be the consequences what
they may.
But, how Is the independence of the Judiciary af-
scted, 10y declaring that the Judge whose Court has
been abolished shall st retain his Office! Ii is said,
that he "shall perform any judicial dues which the
Legislature shall assign him" What now becomes OF his
independence? You may not sink the boat from under
hin but you may pile jurisdiction TO any YOU
please I'LL YOU sink the Judge, boat, aud all Here is
Judge who resides, cay in Accomac: Zone OF these
Judges i posse. not IN esse and you require him 10
hold Court in Lee, or Monongalia two, hree, or four
times year. IL not this striking at his independence.
as much as you took away his Office! You say lie shall
Keep the Office; but, them you may lay upon him any
amount OF duty you choose. You have only TO suppose
mdld tds, in your Legislature (and the provisions in
your resolution 60 TO the hyo>theis o. mdd
tdeSs and profess TO guard against it) and your
Judge IL inst "a much at iis he would have
heen in the other You have only suppose your
please.
As to the las, clause, moved to be stricken out by
my friend from Orange, (Mr. BARnoUR.l would
abandon my oprions respecting it, il could be sats
fed that when have got Supreme Court, have not
got an independent judiciary but know that have
it, for have seen it in the Federal Constitution, for 40
year,; want~o more, and no better.
Mr. MARSHALL re- oined
trust the great importance Of this subject, will he
deemed sufficient apology for my again troubling The
Committee. Some observations have fallen from ,he
| 81 mr.
on TO notice. The gentleman has said, tina, IL is
sufficient for the independence of the Judiciary De-
partment, that the Judges OF the Supreme Court be in
dependent and that there is no country on earth,
where the independence of the Judges of the other
Courts is secured | will refer him to the country
with which am best acquainted-I mean Great Bri-
tain. What is the Supreme Court OF Great Britain, 1t
il the House OF Lords And not the Judges of the
Court Of Common Pleas Independent? Do they not
hold their office during good behaviour! Yet these
are Inferior Courts i do not know we'll the condi-
ton of other countries in this respect but believe
the independence Of the Courts is preserved in France
The independence of all those who try causes be-
tween man and man. and between man and his Cow
ernment be maintained only by the of their
office. Is not their independence preserved under the
present system' None doubt il. Such an idea
was never heard of in Virginia, as TO remove Judge
from office. You may impose upon him any duty yon
pease-You may say, that the Court of Appeals shall
sit every day. from the Let OF January 10 the la't of
December-The Judge OF County Court may be CALI
ed on 10 perform his du'y on the bench, for whole
year: Yet he holds his office during good behaviour.
The Legislature can have no motive to impose
reasonable duties Judge he may be required to
do all he do and he do IL the Judges
in commission, incompetent to the duty which is TO
be performed the Legislature will create Judges
tits within the ordinary province OF Legislative action
Their independence il not impaired, by their being
quirei to do all they This is their acknowledge
ed dHty.
We have heard about sinocures and judicial pension
ers. Sir the weight OF such termss well known here.
To avoid creating Sincere, yon take away mans
duties, when he wishes them 20 remain--you take
away the duty of man, and give it 10 another and
this is sinecure What this, in substance but say
| ing, that there is such thing judicial indie PEN
dence? You may take a Judges duties away and then
discard him. What is this but saving, at there H.,
and can be- and ought TO he, such thing judicial
INDEPENDENCE The gentleman says he ia gr,a friend
now ia the Inferior C6Irisy snd his friendship extend.
ID transfer IT TO the Court OF Appeals? TfTs Irp5ssble
Tor him to answer, but in the egatve. He would then
nave The whole criminal jurisdiction Of the State en-
trusted 10 Judges removable from office by the Iesis
lature, at its pleasure What would then he the con
dition OF the Court, should the Legislature prosecute
man, with an earnest wish to convict him? BIT more
he great mass OF controversy existing in the Com
monwea III, must always be decided in the Inferior
courts We had an example in the Old General Cour,
a' "ou'" DE me consequence Of giving original ju.
rsdicton 10 appellate Court, Such mass Of causes
accumulated IN that court that the great grandson of
no man then living, would have seen the trial of the
last cause on the docket This will be The inc ytsbe
consequence; business will accumulate to an extent
una II VIII be impossible 10 pass through The IC.rior
Courts VIII, therefore, try the great mass of causes
ana reserve an appeal questions Of law: The gem
ilcman would leave all these Judges unprotected nv
the Constitution. He d icires himself trenJ TO I'm.
dciai Independence, and gives independence 10 those
only, who have criminal jurisdiction. understand
ny Judicial Independence the indie peDdence of all the
members of the Judicial Departn MI whatever be their
situation. He asks You make every petty off
Ger independent answer, no but is that The oues-
ton! Are your Judges 10 be likencd to every psuv
officer! Would he Iiken The Judges to them!
wa the gentleman recoect, that in order TO secure
The administration Of justice, Judges Of capacity and of
legal knowledge, Indispensable And how il he 10
get them! How are such men TO be drawn off from a
alive practice' Will any gentleman Of the pofes
SION whoe practice will secure him comfortable. in
p'ndence, leave that practice and come TO take an
cihce, which may be taken from him the ne xt dav2-
You may invite Them, but they will not come You
may elect them, bit they wilt not accent the appoin
nent You DOM give salaries that will draw respecta
BILE men unless by The certainty of permanence con-
nec'ed with them. But if they may be removed AT |
pleasure, will any hwyer Of distinction come upon
your bench? No, Sir have always thought from
my earliest youth till now, that the greatest scouree
an angry heaven inflicted upon an ungratefu and
SHINING psople, was an ignorant, a corrupt or de-
pendant judiciary. Will you draw down this cur4e
upon Virginia. Our ancestors thought solve thought
Till very latelyand trust the vote of this dav will
she that think so still
The question then taken on both the amend |
ment OF Mr.. TAzEwELL and MIR. BARBOUR aud de- |
cled in the negative we have alre ady stated in
previous report.
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