Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-12

that part of the Government which Il alone visible
and tangible TO the humb!cst ci,izcnthe operation
Of this Dhnen ely important system in our political
machinery cos~s comparatively nothing. mere
drop to the ocean. fraction of cent to every in
dv!dual in the State while our Legislature costs
more than one hundred Thousand dollars annually, IN
cnacting statutes winter, and repeating them the
next The body which you preside, together
with the Legislature now in session, involves an cx-
pei!se to the Commonwealth of nearly $4,000 erery
day And ye, exceedingly apprehensivc of
tue erpenSe of two supernumcrary Judges Tor
very short tme And to obviate so dreadful cuIl-
tin9ent CIVIL we willing to overurn all the prin-
ciples of justice, aud moral proprley. Surely eco
nomy and retrenchnent have become the order OF the
day with vengeance. And TO minister to the sckly
fastdious taste of the times, to adopt conti-
tutiona attainders and confscations
But it was urged the other day, by he gentleman
from Amela, MIR. Gles) that without this general
abolition, the highly respected and respectable
hut now aged and inirm Judge, whom he indicated
might be called on TO perform judicial duties in
assigned station, and though unable net, he must
OF necessity be retained on the list while The duties
allotted to him would remain undischa rgcd. Sir. if
this fear were well founded, and another more elf
ciet Judge had to be appointed to his place, is it
not obvious that still resolves itself into question
of the expense to the State of salary tn Judge?
j But the difficulty cannot by possibility
If any surernrinerares are left on. in organ
sation they scarcely will be of those least qualified
Tor service-the old and iuirm Whether they are
wnHtng at first, whenever called render
official services for which from age infirmy they
are disqualified, they can at once he removed from
Office under the provision of that resolution, which
c"nicrs on the Legislature the power of amntion by
a vote of two thirds, without even assigning the
reason.
As to the particular section Of this resolution now
moved to- be stricken regard the course of he
gentleman from Frederick AR. PowclD as correct
hat its discussion necessarily involves the whole sub
ilect;-in itself it is matter of little moment. The
permssive mt compulsory authority tn the Lcgsla-
ture to pay to such Judges might not be re
appointed, 'such from their age, iufrmes
and past services, shalt b. deemed enable wculd
DC worse than useless. WHO is to Judge? IIhe I.c-
g'siature-and they only in cases of age and nrnity,
| as we'll as long service But suppose your Judge
though long in service iabors under he misfortune
OF yet poss ssDg vigorous constitution and unir
paired inteliect-he IS to be turned adrit with the
I'M lied prohibition that any relief shall be OK ended
to him. Bot leases to abide this partial relief would
be strictly applicable is surprising that it should
be advocated by the 1rry gentleman who so power
fully reprohates whit he calls pension system?
Sir, this scheme of judicial paupcrlsn would in prac-
tice, be futile. The judge who accepted 1t would 90
forth o the world with brand his forehead and
l; wonld be rejected with ndigna ion by every ndi-
vid'Ial of feeling honor.
Sir, abors thus tar this subject appear to me
to have operated most iEcongruous result. We
have, by large majority, refused to strike out c
previous resolution, which provides that no abolition
or nodiiicalon OF an existing court shall deprive the
JuuSc OF his Office &c, and most CORRECTLY as think
have we decided. If we had not then the Leuis q
ture, whenever for political other considerations
they desired to get rid of obno xous Judge wos Id
only have TO abolish his court, and he would have
iaien with It, This, too, by bare majority of the
| Legislature when require two-tirds to displace
linn arbitrarily. And yet, sir, after retai,ng Tint
provision, the one now under considerations, and
which in order Immediately succeeds it. pronnses IN
eject every Judge from his Office without the abolition
of any court The inevitable inference is chat what
would be iorons hereafter is rig ut now: That as to
q" JUDGES IN senerdf,t would he incorrect to discard
them arbitrarily, or under color of abolisng their
court but as TO the present Virginia Judges in parfi-
c"la'' 1t would be very right and very proper.
But, MIR. President, these objections To the rcso-
! Unions before us rccrahle principally to tie
| rights and interests of the judges themselves Re-
sarded IN this aspect alone, the subject is of di,nn
ishea rciauVe Importance. As was admirably re
marked the otier day by the gentleman from Rich
nona Judge Nlarshal) it is Oh account of a few
individual Judges, that the principle of an indepen
cnf J"dtc,ay has been consecrated by the wisdom
OF ages 1t Is because the interest of the State is in
volved in 1.-THE best policy of the whole commune
~ requires it.
Let us, then, examine the second objection which
have lntlInated Has not this provision direct ten
dency TO invade the independence of the judiciary?
| Not only now, but to all future time?
Sir, after the animated, Instructive md tronscen
DENLY able discussion the general subject of the
independence of judges, of either legislative
ecutIve or people, with which we were The other dnv
favored, hope 1t viii not be imagined that now in
tchd 10 oIicr single remark In recommendation Of
the principle.
NO, Sir-We lave already on this par, the sub
Jcct had Moses and the prophets with us, and he
who was thon unconvlnced Of the value the invioa-
b'lIty oitLs ncipe, would be persuaded though
one should arise from the dead" Be mine then the
humber task of pointing one or two aspects in
winch this independence will be impaired by this re-
solution.
Lin the very outset of the plan every Judge in the
State is to be disinisscd-with permission Iowcvpr
to be reelected by the Legislature, If he can Yes
sir: if hc can That is, if he can command interest
or influence enough with the legislature to effect
favorable consideration OF his pretensions--and this
ing piough-shares IS to year or two hence
Sr does not this, of necessity at once throw all the
Judges of the State the eleconcerinr arena from
THIS time until that event shall have passed. VIII
not every interest, every feeling, every prejudice
even, OF the human heart, invoke their most active
e%ertions? Will it not occur TO them That the poss
bic loss OF office, that they are too old to resume
previous or attempt new occupations threatens them
.L.c- Col an ,,.... - - - ~.