Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-12
CONVENTION.
TUESDAY, DEC. %.
Remarks Of Mr.. BROD.M.AX, on the judiciary re

49, AIA> hoSs
TUESDAY, DEC. 90.
Remarks Of Mr. BRODN4X, on the judiciary re-
solution.
Mr.. BrodnuX addressed tho House, nearly as follows
That he could not but be sensible that the porioc
for debate had passed by that body long since ant
that mpaticnce of all discussion existed to degree
which but few of its members could subduc.-
That this particularly true those subjects which
ut different times, and under various aspects had al
ready engaged the elaborate consideration of the
Convention But, Mr.. President, (sad hc) it is sur
prisng that this important project of annhiating by
onetouch OF wand every Judge in Virgna-thi-
or condscatlon-;hs constitutional attaindcr-shoud
have heretofore becn pcrmitledto work it's way tho'
the various Committees and the house, wi h so little
comparative observation or attention. / not a
member OF the Judicial Committee, and am ignorant
OF the grounds on which 1t originally reported
and all of us rccoiect that it received the APPRECIATION
OF the COMMITTEE of the Whole almost sub siienfio
Lhe reasons for its adoption were not discussed
That plausible perhaps conclusive reasons exist we
are pouud TO presume The Importance of the prin-
ciPe involved, seem to require that thew should be
assigned For one, am anxious to be able to bear
10 my CONSTITUENTS, some reason for the adoption of
plan III reference to our Judges which ut present
strikes me amounting reform hut to reroLu
zion The only argument with which we are to-day
favored, that OF the gentleman from Frederick (AIr
fowe mas not satisfied of the propriety of this
measure; and as 1t Is my misfortune to differ not only
from my highly valued collea cues on this question
but from many distinguished gentlemen here for
whose opinions entertain the most profound respect
t
act hope may be INDUCED in SUGGESTING some ot
the objections which to me have appeared insupera
Die w hile can promise nothing better will n,
least engage to detain the House but for a fem mn
u.os,
Sir, this scheme Of showing in one aroup all vour
Judges 10y the board without crime on their part
without even the imputaion of offence, appears TO
me az not only unjust to them individuals but i'm
ohttc IN us as Statesmen from its inevitable tendon
cy TO invade the independence of the Judiciary and
present dangerous precedent to future times. A
thought or two, Sir on each.
Its INJUSTICE to the present incumbcnts results from
lis papaole violation OF express contract bet Wcru
themselves and the Government What was tho a.
Igina undertaking between the contracting partieso
Is II not strange that there should be difference of
opinion among us when the commission itself ndi-
Gates the termst Terms, too literally and substant
ally co-lncident with the received theories of the a.
hest political writers in Europe and America And
yet the gentleman from Frederick (Mr. PowelD has
just informed us that compact cxpress or npled
existed when the Judges accepted their commissions
inconsistent with their dismissal, the adoption of
new, or amended Constitution. And the gentle,
man from Amelia Mr. Giles has more than onca
In reference to another branch of this subject en-
pressed the opinion, that 1.-The judicial tenure was moi
Inr gc Dat during the continuance of Inc office tseL:''
SIR cannot but dstrust the correctness of any opin
on may have formed when see amonpits oDposers
gentlemen desefvedy standing so highly as these
Bat, had always supposed and such surely is the
'attea eo'ence itself the record Of the terms, which
1t is not competent for either party to deny that the
contract IS, indeed, neither one nor the othcr-tut
"during good hehaviour-dun Sc bene gesseyit" Mt
during the continued existence of the Office surely;
for breach good behaviour would proDerlv on
crate the removal Of The Judge from his office when
1t might be very incxpedient to abolish the Office it
SELL The real undertaking is, that the Jndoe on his
part shall faithfully render all the services he can in
the dscharge OF his Official duties and the ST. ate en-
Cages that he shall continue TO occupy the Office so
long as he continues to behave we'll" And bv an
other provision of the Constitution on the faith of
which he contracts the engagement sbs salary sba
SJcbc IA "
30 long then as he is able and 1HLine to DISCHARGE
The judicial functions 10 which he was appoiptedo
or IN the technical language which time has consc-
Grated and which imports precisely the same, so lon
as he 6ch1Ues reH tho State on it's part has moi, her
the right to dismiss him from office nor atate anv
portion of his salary. Now, all the world yould cry
OUT on the oad fath-tbe gross injustice of diminish
ing his salary one hGB; but only take away au nv
dismissiDg him kom the station which you cngared
he should occupy during his good behaviour and then
there Is no nIus'Ic@ IN tie preceding This sir can
not be Legitimate induction. The State constitutes
one OF the contracting partes-he Judge the other.
We have the physical powerit is true. bnr is tnoral
Iy proper that party should rescnd the contract
without The consent ofthe other, AS between indi-
Vduals there Is not code of laws on On rth wLirb
would not reprcbatc il.
But the gentleman from Frederick Mr. Powell
assures U.s. ra' inc present judicial ncumbcnts will
WIN rev exceptions, no doubt be reelected bv tho
Legislature s. la his considc rafon-th;. I'm
certain eXpectat1nnls to afford n motive of action
70 us beg that IT may b. examined for II moment -
lha 1t has, and M greedy influence the course Of
many gentlemen ~ his 2ody not left to doubt
We make all The Judges walk tie plank" ofan.lnr
or unofendng under the expocta ION that when we
lave plunged them al nc ocean the Legislature
Will send out safety boats, end pick them ND! Some
they no doubt will pick up.--snlne they certainly
will not. But, 1 pray you. Sir as far as ne are
concerned, Is not the principle we are called on to
adept, in cSpungng all of them from the roll of
our officers, precisely the same, if We k5le,o in
ANTICIPATION, that MOI would be re-insta: e..S
What more could IRE Z, to destroy themo I'll
World indeed, be most prosecuting and virdctye
dfs'ranchfseinent, winch would 90 the length Of dey