Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-01-12
CONVENTION.
TUESDAY, DEC. %.
Remarks Of Mr.. BROD.N:4X, on the judiciary re

TUESDAY, Dc. 90.
Remarks Of Mr.. BROD.N.4X on he judiciary re.
solution.
MIR. Brodnax addressed the House nearly as follows
That I've could not but be sensible that the period
for debate had passed by that body long SINCE and
that impatence of all discussion existed degree
which but few of its members could now subduc.-
That this particularly oftho>e subjects which
at different times and under various aspects had al
ready engaged the elaborate consideration of the
Convention. But, Mr.. President said he,) it is sur
prisng that this important project of annhiatng by
one touch OF the wand every Judge Vrgna-this act
OF confscation-h constitutional ,ttainder-should
have heretofore been permit ed work its way thro
the various Committees, and the house, with little
comparative observation attention. | was not a
member of the Judicial Committee, and ain ignorant
of the grounds on which 1t originally reported,
and all of us rccoet that it received the appreciation
Of the COMMITTEE of the Whole almost sub siienfio
Inc reasons Tor ITS adoption were not discussed
That plausible perhaps conclusive reasons exist we
are bound to presume The Importance of the prin-
ciple involved seem to require that they should be
assigned For one, am anxious to be able to bear
to my Constituents some for the adoption of
plan III reference to Judges which at present
strikes me as amounting not reform but to reroku
non me only argument with which are to-day
favored that OF the gentleman from Frederick (NIr
Powell) has not satisfied me ot the propriety of this
measure; and as 1t Is misfortune differ not only
from my highly valued colleagues on this question
but from many distinguished gentlemen here fur
whose opinions entertain the profound respect
and with whom 1t is usually my pride and pleasure To
act, hope may be indu ged i'm suupes,inr soro -,
the objections which to me have appeared insupera-
ole. w nile can promise nothing better | will AT
least engage 10 detain the House but for Gto MN
utes. ~
Sir, this scheme Of showing in one proup all vopr
Judges "by the board without crime on their mart
without the imputaiion of offence nnnea,s r.
me as not only unjust to them as individuals but Inn,
Pohc IN us as Statesmen from its inevitable tenden
cy TO invade the independence Of the Judiciary and
present dangerous precedent to future times A
thought or two, Sir, on each
It's tVutce to the present incumbents results from
Its papabe violation of express contract between
themselves and the Government. What was the o.
rlgnal under aklng between the contracting parties,
IL 1t not strange that there should be difference of
opinion among us when the commission itself udi-
catest terms Terms, too literally and substSnti
ally co-.ncident with the received theories of the a.
blest political writers IN Europe and America And
yet the gentleman from Frederick (Mr. PowelD has
just informed us that no compact express or implied
existed, when the Judges accept ed their commissions
inconsistent with their dismissal the adoption of
new, or amended Constitution And the gentle
man from Amelia Mr.. Giles.l has more than once
IN reference to another branch of this subject ex-
pressed the opinion, that "the judicial tenure was not
iof e' out curing the cont nuance of the Office hsec"
Sir cannot but dstrus the correctness of any opni
on may have formed, when see amon1 its onposers
gentlemen deservedly standing SO highly as these
but, mad always supposed, and such surely is the
nrifen Evidence ITSELF the record of the terms which
is not competent for either party to DENY that the
contract IS, indeed, neither nor the other-but
'during good behaviour-dum Sc bene oesseru Nj
during the continued existence of the Office surely:
for a breach of''good behaviour" would pronerv on
crate the removal of the Judge from his Office
IL might be very lnexpedient abolish the office H.
SELF The real undertaking is, that the judge ON HE
part s"a Iaithiuy render all the services he can IN
e oischarge OF MS Official duties, and the State en-
cages that he shall continue TO occunv tho or oo a..
long as he continues to behave well| And nv nm
Otber provision of the Constitution on ;Le faiib If
which he contracts the engagement ssb;s saIor, h III
diminished
30 long then as he is able and ,cng to DISCHARGE
inc judicial functions TO which he was appo;ntnd9
W IN INC technical language which time has conse
Grated, and which imports precisely the Same en- TO-,
as he behaves yell, tho State on It's part has ne,ha5
tue right to dismiss him from Office nor abate onv
PoEtion OF his salary. Now all the world would cry
gu, =" tne gao Ianh-tbc gross injustice Of diminish
ing his salary onehaJ; but only take awav All nv
dlsfDlssing u hom the station which Won engano1
nc shOnlJ occ Wy during his rood behaviour and
theTe Is no mo Elce 10 the proceeding This sir. can
I"t De egItImi We induction. TIC Sat. cone,i,u,as
20 OF the c"ntr- cung partes--the judge The Ohio
ave the phys cal power II is true. but is il rnnro
q Fthat one Mrty should rescind the contract
60. consent 1ftbe other As between ind
e. an, -. 's nota code of laws on earth which
iuais, tne L. y fr M Frederick, mr. PowellN
1uiu np p 'oPI t,~n, a. Judicial incumben;s will
sures us, jfat the p. co,sid, by the
lib few exceptions, NSrd :. d.t'oh-Ihls I'M
onsiatu,c 80 far So th 'rd motive Of action
~ 'H - d, at. cd for a moment
W. g %as and and will greatly influence "tto doubt
ANY gentlemen in tbs body are not Sending
y - ma ke all the Judges WALL "a PLANK. o.. we
nnofIendinp under tie expectNh w. :ho wa o~Ia,r,o
GO rInnrrd them all in the ocean, nc g'letuIo
iii send out safety boats and pick Thea up some,
hey no doubt viii pick uP--some tn, ,oe o,S
riif not. But, pray you, Sir, as far onto
oncerned, is not the PriSeiEie we are cas Ill of
Sr ofBeers. precisely the same, as IT We kne. -,
80 ut;c;notion. that rot one would be ie-nstate.
= What more could zoe do to destroy them;
,,s,lJ indeed. be most prosecuting and yindc.iye
,%nn1S,snInsnt winch would Go tho l-natp Of dfs N