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

r,,.,.; ~ with every other person II nppointcdhy
the Legislature. they will hold under tlc'r now cou-
only. They viii have no higher constitutions.
al legal claim to seectian than every other cit
ixen of Virginia There will be obligation on the
clectDg body, to provide for them. There arc 9TH
or lawyers in the state cQual in legal abilities
TO any Judges, and have doubt, ma
ny young lawyers among ns, who III their
Judgment at least, are very well qualified
to fill the seats of the present Judges. And 1t
the Legislature shall re-rlcc most of the present i'll
cumbents, it will mainly be ascrbabc TO that moral
sympathy, which ever induces the generous TO ele-
waite those whom they regard as having been unjust
~ degraded So that, in truth, we look to the e9is
laitve rcappoinimcnt of those Judges, whom we are
about to cashier, with confidence, inspired by the
belief, that they well and feel that have done
them injury, and will repair it. We do ,crong, that the
Legislature may do right. Sir, this cannot be NOR
allv politically correct.
Mr. President, said that this appeared to me not
rsf6' ming, but 4 revolutionary movement. 1t is
than revolution. Where has the most thorough
and radical revolution ever occurred among people
pretending to civilization, i'll which the contracts and
liabilities of the old government gnzed
and respected by the new? Even in absolute monar
ches, where the government itself resides almost
exclusively Ill the person of the king, and the
ion has resulted from the election from the throne
of an acknowledged pretender, the national debts
and engagements of .he previous reign cancelled
Certainly not, sir. The principles of international
law, Us well as OF moral proprleiy, prohibit it. The
United States at this very time, if am not greatly
mistaken, have claims of that character in negota-
ton with more than one foreign Court Who has
forgotten. that after revolution, and when every
tie which bound us to the mother country had been
severed, except the tics OF universal Justice and
benevolencc, which, should alike obtain in every
region and in every uge. that the inspired coquencc
OF the immortal Henry himself, rdjnly exercised
in this very city, TO persuade the proper tribunal to
refuse the payment of the British drba Aud is that
Which would be morally wrong between nations, or
between individuals, RICH, between Il Government
and one of its own cii'zens: The only difference
must be, that iii regard TO nati,ns, the parties
cJ-ordina IN dignity and power. treaty or a war
secures Fight affords the remedy. In the LATTER
case, one of the parties is individual dependent
on the other for project ion,-a under our heel
whom VIC have power to grind to dust Il such be our
pleasure.
Sir, many of th.s" Judges have beeI long in Office
and may be Thought that the duration c their ten
ure has already transcended their own mos, srnrnine
eXpecta ions when they accep cd c0mm >sion that at
least there VIII be Tess of i'll ischarginp these
ancient servants without even their .ssx months nav
IN advance rs they have SO long drawn salaries from
the public treasury. 1t may, sir, for augh | know.
nave been less III mercy than in vpnpcance that the
Almighty Providence Inns thus protracte;l their exis
tence III cod-hearted, chungeable, aud unprateful
wo Id. OF this say nothing. But suppose sir. for
nus ratl"ii' your existing establishment included
JUDGES recently commissioned, appointed within the
last year two Whether the juct accot.is with the
snPPosfon, leave with the House-ana suppose that
these Judges in accepting Office, had to abandon n
lucrative profession. lfthey had not they were not
ioI a procession On which themselves md
their families were dependent, more lucrative greatly
than the offices of which they are now ncunb.nfs
but exchanged for those offices in consideration off Le
superior permanency and certainty of the annual
avalls You have sdIccd these gentlemen from their
practice, and kept them from it exactly lone enorgb
for them to have lost it all Exactly long enou9h
for oil hopes of ,sefulEcss-of tistnction1n,y SS;r
or support TO be barred against them in that direction
forever. Every observer must have remarked the
aXreme difficulty of any professional gen: leman once
III possession ota: excessive Practice bnt who hos
temporarily abandoned it, ever regaining it. WIN
the fact should exist, shall not pretend TO arconnt
ior, but we have all seen 1t, and know TINT he does
not set out on his even with equal chances
VIII his new and inexperienced competitors. Sir will
this e2ct OF the proposed resolution be JUST is it
morally defenslble' 1t has long been said that ronnb
hes are tickle and upgratell; let it not hereafter he
added that they are unjust also.
'of, the gentleman from Frederick (ATr. PoweMI
predicts TO us that those Judges only Will fail of
election hy the Legislature who ought to be turned
OUT aud IL mas on repeated occasions not moro frc;
~ Dnt more distinctly, been intrnatei t., us that it
was necessaTyt to get rid OF two particular dis
abied or obnoxious Judges. TO whom reference sniff
Gently ineligible. has been mrde ,y some oene,1
provision, not personal to these ind, .tluals Weare
so given TO delIcucy that we must decup.ote all
sacf'nce Inc innocent and worthy together With the
ohendng one, 10 keep him in coulenance-ns if IN
usace all ana then reapolnt all but One, would no;
as ehectuniiV wound his feelings, as if he had been
dsoanded alone III Tie first instance Bnt SIR ia II
not cfoei and unjust to punish tie aggregate corps
lot the nbec'Ii'y or offence of one1 Are prncipcs
I" De sacrhced to remedy paru and ed evils
The reason is one which cannot be avoweJ nnbl;ci,
and therefore, should not be acted on privately.
ne OBJECT avowed by some of The friends of this
resolution elsewhere at least is to sink all the p, sent
1udses that we may have ga clear sca"-to enable
the new government to get under way without EN-
oHFrassineit-thc Legislature to be unfcttered in or
CANNING It's Judiciary: while others advance stem
iurheL ana nan th:5 as happy opportunity of aba
abitr bench But sir, what is the difficulty which is
TO emhoTrass the legislature, by the retention of the
present judges, IN any new organization of the Courts
winch III these days of upturning reform may be at
tempted: defy them 10 prescribe any new plan
yhch VIII not require at least many Judges, as
those now In commits sion. Every PROJECT which we
nave SPOKEN Oh vii require more Let them give
10 yonr intermediate courts both equitable and e,ra
assign two Judges TO hold cor con
loin'iy these courts OF as42e; examine, sir, anv
o uer pan you nave heard spoken of, (ct it have
peen eyer so "''.) ana if any dninutioD of the
number OF your Judges is to be the probable rnsu1,