Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-27
JUDGE SMITH, OF EAST FLORIDA.

dent, had removed Territorial Judge, with or
without cause, that in Eastern Virginia particular
~ where the independence of the Judiciary is SO
Jeaiousiy regarded, storm would have been raised
about his cars from which he would have been clad
TO md refuge at Quincy elsewhere. We can
see In our minds eye, the venerable Richie. an
Peailng to the honest prejudices of Eastern Virgil
MA In favor of an Independent Judiciary; citing
Mr. Adams to answer before the People, for yio
latIng fundamental principle of American free
institutions affirming that when tried and approved
Judges were removed without cause by the des-
potic will of the President, and that Presidents
editors, partizans and creatures seated on the
Bench, there was no longer safety for life limb or
property; and that the Government where sncb
things occurred, whatever it might be called. was
essentially despotic, and its ruler despot We
are not under the necessity even of drawing ON the
imagination for information derived from ANALOGY
as to what this hero of consistency would have
said IN the contingency supposed. We have only
to turn to what he did say when half dozen
printers of the laws exchanged by Mr.. CLAW.
All will'remember that that occasion. he said
high mass over the remains of Public Liberty.
which he affected to consider as having breathed
It's last under the msrule of John Quincy Adams,
hat aoould the old gentleman have said, had Mr.
Adams on his own authority, cashiered Judge:
that Judge unexceptionable; no fault of omission
or commission, imputed; unanimously recommend
ed by his People, the Bar, and the Grand Juries; of
whose one thousand decisions, not one has been
reversed by the Supreme Court! What would Mr..
hitche have SAID? Would the State have held
him?
Jackson has done exactly this He has done
what the King of England could not and if he had
hn Il
cause, that power which jurisis contend to be in.
coHPatiDie with Constitutional liberty, and struck
blow at that principle held more sacred than anv
other' and which is undoubtedly, the corner stone
of every regulated system of Liberty-tAe indie.
pendence Of the Judiciary He has upon his own
authority, and to crafty some partzan who wanted
an office, deprived Judge of his commission, in
the fruition Of the unbounded confidence of the
People over whom he presided, and who has given
evidence of capacity, which cannot possibly be
assaied. .s;he Editor of the Enquirer knows it.
His avowed principles coerce him to condemn the
act. He dare not attempt to justify-it But Jack
son has done it, and his servty and his sense ofl
propriety, haveentered into compromise, as thew
have often done before, TO say nothing about it,
Had Mr.. Adams done it! Then indeed, the patri-
otto indignation of that impartial Editor, had dis
dained all bounds.
Our readers know that Judge JOS T.. Smith, of
East Florida was removed by Jackson, and Mr..
Bryce or Mr.. Bidde, 1--WE know not which, no.
minated for his place; that the Senate feiected both
and that subsequently,, Mr.. Reid, of Georgia. 1--WE
thinkD was nominated and confirmed judge
Smiths former constituents, by way of public
manifestation OF their confidence, gave him Pub
lie Dinner at St Augustine, on the 18th June. and
NJ m he aI Ill.
ing sketch of the circumstances under which Inc
"reformed":--
"Gentlemen, 1T is known, that the President has
dIsregaTdcd all your petitions, That tho yoice
the unanimt voice of the whole District cert;
fed by more than 1900 signG,ures exceeding nv
one third, the number of votes ever given at any
election within the limit-that the repre
sensations of every member of the bar and every
othcer OF the various courts throughout the several
counties, excepting barely two individuals whose
negative testimony is their highest proisc-that
the deliberate presentments Of ten distinct Grand
Juries, made under the sanction of solemn oath
alike obligatory each member-that the SOM
rate and distinct circumstances of all the counfv
magistrates, in and for each country-that The
pubic Resolutions Of numerously attended meet
lhgs OF the people, passed without dissenting
voice, have all been treated with sovore;gn co,,9
tempt, by him who processes TO DO the seIvanf of
ed will 0~P'eSS
All these persons, and all these public bodios
have borne testimony 10 tho President u,st tio
Judge ofyour district possessed their highest con
hdence. That they deprecated charge. That
IN his Impartlaty, integrity and ability, they free
ly trusted. That no understood their laws and
had become familiar with their customs. cL,rac
ter and habits-and that they were willing. when
ever they should be subjected to judicial decision
10 submit their property, regulations and personal
security 10 his award.
He was further informed though the judicial bu.
siness Of the district exceeded that, perhaps of
any other within the United States, and had re-
suited in nearly thousand decisions, that no jude-
ment pronounced By him, had in single instance
been reUerssd or set aside Yet my friends be
longing 90 the bar, will bear witness that they
have always been ready TO take an appeal, when
their clients would pay them or they could hope
oh arnrrn IL. L.. l..