Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-23

cites sympathy-Bu they a-e not less r. al OIL that
aceoun.-We lay the toll owing fragments before Our
roaiers-dssuitory as they may be, they may prove in
teiestng
THE JUDICIARY QUESTION.
MIR. SCOTT addressed the Convention follows:
Ii is probable that many members of this Convention,
think that my sensibilty the subject of the Judicial
ny morbid sensbity. Possibly is But whether it
be morbid or not ii exists, must obey its impulse.
Mr. President, l know very well that mankind
prone TO refer actions TO selfish motives when such
motives can be found And, unhappily, such is the ail
~ oil our nature, the suspicion that prompted by
hem is often, but too well founded. cannot expect that
shall escape on the present occasion am ell aware
mat the zeal which have manifested in relation this
subject may be, and probably by is attributed
sinister views. 1t is at all times, exceedingly painful
noe TO speak of myself know very well that man sell
d"m does himself service by such But there
are occasions which il is indispensable that he should
do so; and this appears TO to be of them
IL has been maxim with me that first should
be TO do that which in conscience, believe be
right our second to have the credit OF it, But, sir
whilst place reputation, next in order to virtue, there
Is vast space between them.
Upon the present OCCASION shall! pursue that
which il pointe by duty, let the consequences be
what they NAV.
Ii has been my misfortune ever since arrived at
manhood if misfortune may be called TO be ia the mi
nory on the great political questions which have divd-
cd THIS country Previous to the late Presidential election
was in the minority. Thats, was opposed to those
In power The present administration had been in pow
er but short time before found myself in the mi
noriy again. Perhaps il is vice of my nature that
cannot remain with the majority. You will allow, how
ever that IL is not the way TO get office Mr. Presi-
dent, take this opportunity publicly, to declare that
there is not an Office place in the gift Of the General
or State Government, which would accept l avail
myself OF this occasion, to record my own evidence of
my oal unhness 10 fill any public station. Sir, have
abourcd under disease for the last years of my
lie, and find that my health, instead of improving CON
nues TO decline. declare myself be utterly ncapa-
Die oil either bodily mental labor take this public
occasion, TO record my evdenc" the end, that il at
any time hereafter | should be mad enough to solicit
Office, | may be condemned out OF my own lips. /
have trespassed thus much the indulgence of the
Convention with hope that justice may be done nv
motives, should be driven by events to change my
course relation TO the great question which has so
long agitated this body.
At very carly period of my life, I imbibed the
sentiment that no form of Government, however
excellent in other respects, long secure the
liberty and happiness of the People without an indie
pendent Judiciary This sentiment was deeply planted
IN my bosom 1t has grown with my growth, and
strengthened with my strength. For what purpose
sir. do enter into civil society? For what purpose is
all this machinery ofGovernment constructed? Why are
laws enacted to protect the weak against the strong.
The strong protect themselves without the aid of
laws. 10 what end shall laws be enacted if they be
not ably and justly administered Where will the
weak mud refuge and protection, but in your Courts of
Justice! If your Judges dependent will they de-
pend upon the weak or the srong' ! did not rise to
enter into an argument and will pursue the sub
Jcct farther II rightly understood the exposition OF
the proposed Constitution given by the gentleman from
Norfolk the other day, the Judges will be completely
dependent on the Legislature According to that ex-
POSITION the Legislature by abolishing the Court may
deprive the Judge of his Offices and by consequence
that Office is held at the will of a majority of a bare
quorum This is not my construction Of that instru-
ment The twenty third section of the draft reported
| by the Committee. declares that tho Judges shall hold
their Offices "during good behaviour, until removed
in the manner prescribed in this Constitution" Now
there only two modes "prescribed in this Constu-
ton, by which Judge may be removed from Office
One by impeachment, the other by concurrent vote oil
two-thirds Of both Houses Of the Legislature This emu
merat oni conceive, excludes any.other manner ofre
moyal; and by consequence a removal by lcgisa
ton The twenty section declares that the judge
shall receive ltcd and adequate salaries, which shall
not be diminished during their continuance in Office
Hence, should infer that deprivation of office by
abohng the Court il not of the modes "prescribed
in this Constitution" The office would remain although
tho Court should be aboshed: and whilst the Office re
nsinS,thc rghto the salary Butsr will not
venture to place nay opinion in opposition 10 that of the
gentleman from Norfolk. who OF the Committee
That drafted the Constitution. II that instrument goes
down TO posterty with construction, sanctioned by
the name and authority Of that gentleman there can DO
but little doubt that his construction will prevails and
dominant faction can, by simple repeal of law sweep
every Judge from the Bench. rose, sir, for the rur-
pose oil enquring OF the members of the Select Com
mtee, and more especially Of my friend from Richmond
(the Chief yustice) who understand TO be the Author
OF that part OF the CONSTITUTE which relates the Ju-
dietary, whether rightly understand the exposition Of
the gentleman from Norfolk, and whether the other
members Of the Committee in that construction
Upon the answers given TO this enquiry, my vote upon
the Constitution will depend Sir, do not apprehcnd,
he the construction of this Constitution what NAV
mischief do not apprehcnd that in short period the
character OF Virginia legislation will change that
theJudical tenure will be invaded by such But
/ sir, we are making Constitution for posterity. We
have witnessed such invasions In other States II would
be presUmptuous TO suppose that they can occur
here II is our duty TO guard against them.
| Judge MdTshdPs Remarks IN rtp'y 10 Nh Scott
| Mr.. MARSHALL said, that IL was with great, very
| he unon