Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-02-09

IKE Jaw 10 DC UNCONSTITUTIONAL aud refuse TO carry il
mo erect or they may give some other opinion highly
OIL nsive to the Legislature. They NAV he tber.bv
rehdered obnoxious TO majority OF the Legislature,
whc' Enowing that The judges cannot be imrescb,d
Tor such oWu'ons, nor vet removed from Their office
without ia" concurrence OF birds OF the members
pfeen', may III heir anger determine that az they
canno teren owed from lie office he oiice shat, he Re-.
moved nam them. To uas. tho law a ma;o,i,v il .ur.
tcetE hnt III the majority b. satisfied hat they can
no obtain t@o-'h,r;', and u eiorr cannot succeed
N removing The obnoxious judges ~ abolishing the
court, may not their aog be stayed and may they
not 10" pc suaded that IL rong TO do that BY nirec
lion which they cannot 10 directly.
Ii would seem, then. or rather il seemed to the
convention, that this clause oilers safe guard
70 the Ind ndeD uig who earl-s ly disch argos his
uuy according to the dcta Of his conscience And
ye', mu' doubt whether hi. clause should have
onnu place III the Constitution Ii majority OF thu
Etg'.'S'nr-' ,rcm bad motive, determine abolish
Co"''' rom n same motive, they may refuse ioa.
sign TO the judge (shose office is remoo.d from him)
any o,ner Judieia'unues, rmay assign to him such as
are INFERIOR or Of the 'swest grade. Would any IT,,
dependent mar. would any who is fit to be iudge
consent to hold ofice (and draw money for i, from
The public Treasury) in which ih-re are no duties 70
DC performed, or such only would tend to degrade
MN IN his own eyes, aud in those Of the public.
ARTIcLEv SECT g.
The present judges Of the Supreme Court Of An.
peas oil The Central Court, and of the Superior Courts
oil Chancery, shall remain in office until the termina
ton oil the Session OF the first Legislature elected nm.
der THIS Consti'u ion, and no longer"
10 some persons II APPEARS that this clause which
cohven!i1n'zes tue present judges OF office has
revolutionary character sauped upanit But if we
may Judge from the reports of e debates il WAS no,
so intended. IL wa, urged by at least on. member
tha' II he Judges retained their commissions thew
would stand IN The way OF The organiZili of the i-
,ci4ry system, which the LesislAru Under the new
Cons 'tuion. might think proper to nskr-taat such
organ ton ought TO lie made with the single eve 10
The tubiic gooiand that II the Judges continued in
o'hce' te Courts must be ranged TO suit the
whereas, III judge ough To be appointed SO
a. 10 An'' TIE Courts The argnmr pr vailed Sup
p'f' however ''c tr't Legislature elected under this
constitution, shonli not agree judiciary system
The former Courts will then continue but the udse.
VIII he out OF office The same number or ub,e.
nu hrn We apo "'r', either by the Legislature or
Executive, and III Subsequent Legislatures will he
subjected TO the nconv eneuces az il the formor
JUDGES had been permitted to hold their old connie
s.oh P"'hsp~ II would have b., better il tins ssc-
lion had provided, that they should continue in OFF,,
the end Of that session Of the Legislature in xh;eh
Judiciary system may he sdop ed.
ARTICLE y.--sEcT. & s.
IN" Judges OF the Suprenl- Court Of AppeaIs and
Of me Superior Courts, shah he elected 10y the iont
voc 81 ho'h Houses oil the General Assembly"
And" shall receive fixed aud ad .quate salaries
in office
The mode Of election is tho same as under ,he old
CohSiul'n except that the rica poce vote j. substitute
ed Tor ne ballet The old Cons tuition provided that
mr judges Should have fixed and adj eonatc salaries.
The exrr''sion. that they "hall no be dimini he'd Ju
rug Their continuance in Office, is borrowed from the
FEDERAL Constitution.
r. u.
Judges may be removed from office nv concur
,et vote o' o Houses of The General As emily:
but wo-ihirds Of the members tr sent mus, CONCUR IN
sucn vo'e ana The carse OF rrncva ha be entered on
me journals oil ear'' The judge, against whom the
Leg'a'nfo may lie about proceed hall receive no.
n'e hereoi accompanied with COPY OF the causes al
'ge" Tor his removal at least twenty days before the
dty on which either House of the General As,enbIv
stall act tl'errupcn"
onitr the OLD Consti ution Judge can only lie re-
moved rom his cfite after conviction On an i,peacb
meh'' ms sc ton provides another mode for surh
removal. The iniepen iencr Of ih- J,doesi e,oraI
considered as cardinal prn pIe in all free Govern
ment'. Tn Judiciary is viewed by Republicans a.
coordinate branch If the Governments and il i. lean,
ed OF greet mrot'noe lat they -ali be- S, indepen-
deaf Ia their estate, d in tie certainty of Meir ONCE
'""l '"ey may no' he 'wervei from their duty, aud
may hn' Ne %r'ld OF rendering judgment according to
'aw' Though lhai judgment may C., flrct with the
"h'- ie feelings, AMI the Interests OF The powerful
am "rat.y, or may cfend tie dispensers oi PATTON.
az ana me possessos at power The fret is ,up-
iosed 10 he oh aimed by tae provision iespec ing the sa
i"''' 'he second by The tenure OF he Office which is
mol dnr ng pleasu for term Of wears bat during
; .,," oenav'"T But although the Jndg,s cuetto he
noe e"cni, they g, {, lie esp rs hi He II, nj, ar
blir az nj, Tor IN acts +, VIII ~ are ,h.v - he
re'p"n'bl'! They c.nno lie directly re-ponsbls 10
VA Peorlr IN community like our- uni-s. b y pc,od,-
''i 'lecti'n@ which is Incompatible with tb,i ,cnurs
ID gh'nec"ssary Tor their indep raence They onght
EN- 10 ~ RESPONSIBLE TO t3aS WHO annroa~ IN nearest
the people, and who charged with the mos, i'm
Pr.""' paw OF '',ri Interests, that vs. the immediate
ePre9fn'a'ivts OF ihe people The great desiIeramm
10 adopt that pan "hic whilst il dos not ,n,ir ,he
independence al The JUICE viii increase is resn,nsi
nhN. In England the same .ta'uto. which declared
'ha' they 'houd 10 longer hoI, during ,ie,eurc Iut
hHt heir commits ions sh0u he do ing goo sycur
'h 'h" hN"d and certain 'a'Ar-- allow ed 10 ihe,n
also provided that shall b" lawful Tor Ire king o ro
move mem OF The application ~ h"h II ,rses oC pac-
,!he"t ihis su' jet hd' been ptuch cinvas,rd i'm
Vs c"unfy& II appqars - have brcom d 80 f. d notion
IN our sair. that the trial by inpeacL,ueut - Of NH
value ard that cur judges a-e not snifcen,y r. spo,
lnnn an MI
section, am hrmIy persuaded thdt the Ccpv.plion.
'ond not have adopted happier eVpedient than thrv
nave done, TO satisfy the public mind
u irovm HAT the judges he removed bv fle two
'""Ses' not ny majority, but by two. irds nj those
"e'e". III England majority may Apply Tor their
removal The rrmovtl 10 10 be bv courir,,uf VOC of
ooth Honses, MOI bv ajoinf az in the case IF an
e'ct o. i"to an olicP: this great guard f were
Nv JOINT vote The numhr Of The House OF Drlepatrs
YOU'D cause Tie removal. although he whole
ia should he for ~ iuing The iud,e The
cause of removal IS 10 be entered on The ;onr.
naI' 0i each house. This is goat Protection Tn.
cause must he good one, because il uu. b. .at.ac-
'oy 10 third OF each hoes, and flcv will h.
am nrd end afraid TO rik their characters with their
couhtymen the world, and with 20 iery ,v ,ssynipp
q weak frivolous, or ridiculous cause The Judge
accused u 10 receive twenty days notice of the cause,
eIhGed aP@l's' HIN may utove "a fl,pIn both nv
argument AMI hy evidence that ho causes are moi true
o. u uu", not suii lent for his temovH IT, indeed
"h lie Djdy are his dccusors, they might be deaf 10
his arguments and his proofs and can hardly
mere viii he no case IN which more than few will
bring to wah the alton, aud in tha case the rest
may well be imparid.
ARTICLE v Sc. T.