Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-01-12

)u PtopcttysouI PERSONS our regulations, O. lives
-that part ot the Government which il alone visible
and tangible to the humblest citzcu--the operation
oil TINS 'mfnen ely important system In political
machinery. costs comparatively nothing. mere
dropto the ocean. fraction of cont TO every in
dv'dual IN the State while our Legislature costs
more than one hundred Thousand dollars annually, in
ensctna statutes one winter and repeating them the
next The body uvcy which you preside, together
with the Legislature, now in SESSION, involves
pense To the Commonwealth of nearly e., 0G0 every
day And yet we exceedingly apprehensivc of
the erPcnsr of one supernumerary Judges for
very short time! And to obviatc dreadful Il COM
tlngent evil, VIC willing to ovcrturu oil the prin
cipies of justice, and moral propricty Surely eco
nomy and retrcnclment have become the order of the
day with vengeance. And to minister to the sicky
fastid'ous taste of the times, are to adopt consti
tr:lonal atanders und contiscitions
But 1t was urged the other day. by the gentleman
from Amelia. (Mr. Gilcs that without tins general
abolition, The once highly respected and respectable
hui now aged and infrm Judge, whom he indicated
might be called perform judicial duties in
assigned station, und though unable to act, he must
OF necessity be retained the list while he duties
allotted to him would remain undischargcd. Sir. if
tins tear were well funded, and another more ct-
cient Judge had TO DC appointed to his place, Is il
not obvious that it still resolves itself into question
OF the expense to the State of salary to n Judsc'
But the difficulty cannot occur even bv possibility
ltany snpcrnnmerarics are left on. in new organ,
aion, they scarcely will be of those least qualified
Tor servicc-tlc OLD and intrm Whether they are
wanting or not at first, whenever called To render
official services for which from aye or nirnit Y they
are disqualified they eau at once be removed from
office under the provision of that resolution, which
confers the Legislature the power of amoion, by
n vote of two thirds, without even assigning the
reason.
AS to the particular section of this resolution now
moved To be stricken out regard the course of the
gentleman from Frederick (Mr. PowclD as correct
that Its discussion necessarily involves the whole sub
lJect-in itself it is matter of little moment. The
pcrmssive, mt compulsory authority tn the Lcpisa-
q nl,yIf NOT ha
appointed. "such from their aye, iniirnitics
and past services, shall be- deemed reasonable would
be worse than useless. Who is to iudges The Lee
gIslaturcand they only in cases of age and nfrlntv
as well as long service But suppose your Judge
though long in service labors under the mi fnrtune
of yet poss ssing vigorous constitution and an unn-
rArcd intccct-hc IS to be turned adrift with the
implied prohibition that any relief shall be OK ended
to him. But cases abide this partial relief would
he strictly applicable is it not surprising that it should
be advocated by the Jcrv gentleman who so power
fully reprobatcs what he calls pension system,
Sir, this scheme of judicial pauperIsm would, in prac-
tice, be futile The Judge who accepted 1t would 90
forth % the world with brand on his forehead and
II would be rejected with Indignation by every ndi-
vidual of feeling honor.
Sir, our abors thus far on this subject ,ppcor IN mo-
to have operated most incongruous result. We
have, by large majority, refused to strike out The
previous restitution, which provides thai no abolition
or modification OF an existing court shall deprive the
Judge OF his office, Co. and most corrcc,ly as think
have we decided. II we had not, then the Lcpis'a
ture, whenever for political other considerations,
they desired to get rid of an obnoxious Judge would
only have 10 abolish his court, and he would have
fallen with It. This, too, by bare majority of the
| Legislature, when require two-thirds to dspace
Inn arbitrarily. And yet, sir, after retaining that
provision, the one now under consideration and
which IN order Immediately succeeds it, proposes to
eject every Judge from his Office without the abolition
OF any court. The inevitable inference is that what
would be UronS hereafter, is rig ut nov: That as to
a" JUDGES IN general 1t would be incorrect discard
them arbitrarily or under color Of abolisbing their
court, Out as 10 the present Virginia Judges in oar[i-
cu,ar, II would be very right, and very proper
But, Mr. President, these objections to the rcso-
unions before US are refcrable principally to the
rights ana interests OF the judges themselves. Re-
garded IN this aspect Alone the subject is of dimn
ished relative Importance. As was admirable r.
marked the other day by the gentleman from Rich
mond (Judge Marshall it is not on account of a few
INDIVIDUAL judges that the principle of indepen-
dent judiciary has. been consecrated by the wisdom
OF ages 1t Is because the interest of the State is in
voved in 1.-THE best policy of the whole comm,ni-
ty requires it.
Let US, then, examine the second objection which
nave intmatcd 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, aud transcen-
IDENTITY a6ie discussion on the general subject of the
independence of our Judges Of either legislative ex
ecutve, or people, with which were the other div
favored, hope it will not be imagined that now in
tend to offer single remark in Recommendation of
tue principle.
No, Strive have already on this par, oftbe sinh
]ect had Moses and the prophets" with U.s. and he
who was then unconvDced OF the value, the inviola
bty ofthis principle, "woud not be persuaded though
one should arise from the dead" Be mine then. N.
humber task of pointing out or two aspects in
which this independence will be impaired by this re-
solution.
In the very outset of the plan every Judge in tie
'''ato Is to be d,Smissed-with permission, however
to be reelected by the legislature If he can Ycs
sir, he can. That is, it he can command interest
or influence enough with the legislature to effect a
favorable consideration OF his pTetensons-and this
ostracsm this ordeal, this walking among the burn |
ing pough-shares is TO year or two hence
ST does not this, Of necessity, throw all the
judges OF the State on the eectioneerng arena from
TINS time until that event shall have passed, Will
not every interest, every feeling, every prejudice
even OF the human heart, invoke their most active
efertlonr VIII 1t not occur to them that the possi
oIe loss OF oicc now that they too old to resume
previous or attempt occupations hreatens Thorn
WIN rum IN Pecunlary point Of view? And will
hcy not ieei still more keenly, that the rcproacb-
tne stgrna OF Legislative rejection will be the pronun
catIon OF Judgment Of condemnation Of their preyi