Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1835-01-15
Independeuce OF The yadie,ayp

Independence Of the Jadic,arv
| On tbs 9TH inst. Mr.. Haner. Of Ohio, offered in
the House Of Representatives, the follow ing reso.
| luton
"Rssolred That the Committee on the judiciary
be instructed 70 inquire INTO the exredency Of a.
| rnendng The Constitution of the Unted States. 90
as TO limit the service Of the Judges Of the Supreme
& Inferior Courts TO a term OF years
The question Of consideration being demanded,
the House refused TO consiser said resolution, by a
| vote Of IS 10 Ola result at which we should
| have been more disp sed TO rejoice, as IN efectu 4
effort to preserve the independence Of the judiciary
from the nnov a'ing AM Decorating spirit Of the
age, had II been effected by u more decisive vote,
and but for the reversal Of this very vote on the
next day.
On the sh Mr.. Taylor Of N Y. who had, on
the day before voted nsains, considering the reso-
lu:ion moved for Il consideration Of hat vote,
which was agreed to, (aycs 81, noes 92) and the
subject is ye, undecided. Mrssrs. Allen and
Robertson the only members from Vr-
gaia who voted for considering the resolution on
tho 7th-and on the question Of reconsideration,
Nessrs. All'n and Beale of he Virginia Dele.
CATION, voted IN the affirmative, and Nessrs. Bout
dr. CHM. Davenport, Gordan, Loyal McComss,
Mercer, Patton, Robertson, Taylor aud Wise in
the negative
Mr.. Hardin moved 10 amend the resolution. by
adding an enquiry as 20 What age judge Is IN
competent to service: alleging that his object WIS
to fix some age al which Judge should leave the
bench. and not return to ii; advcr,ing to the fact
which he said was well known. that two Of the
Judges were upwards Of 81 years Of age, and that
one Of those JUICES (DlvaD hal not, from impcr-
lection Of hearing, heard legal argument for ten
years
Mr. Mercer stated thu neither Of the Judges al.
la led to so years fage, but that ono OF them
was on the verge Of 30.
IT, however. il were tue that both Of them were
80, that fact would show. as like facts have AREA
dy shown in some of the States the impocY OF
limiting the tenure OF Judicial appointments by the
age OF the ncumbcnt-lh. minds of some men be-
ing as vigorous and unmpa,rcd n, 80, and indeed
the whole man, physically and mentally, being as
young IS others are al Co. or even 80 Look at
Judge Marshall, for examp'e-border'ns on ~
years Of asc--where shall his superior be found a.
mons his juniors by 90 or 80 years And shall
such men as no be cx uelIed from Office by an srb'-
,rary rule, which Judges Of the minds of all men
alike-assuming that at certain age they will
have " touched the highest point" OF wisdom, ana
must Of necessity begin to weaken and decline w"h
every added year Look, too, al Chancellor Kent,
ono Of the mos, profound jursis Of the age, driven
from the bench of which h. WAS such brilliant or
nament, by a constitutional provision Of this char
acter, & his successor, perhaps, unworthy to unite
the latchets Of his shoes
(, may be asked, then. shall there be no way OF
rdIing the Judicial bench Of men, who, unconscious
Of the decay of their mental powers, under the
double assaults Of aye and infrmity, still cling to
their Offices, with all the pride and pertnnc'ty OF
do,age7 Certainly there should be some such
mode blu, c,nno, some plan be adopted less arbl-
trary in its character, and less likely to exclude
from our Temples of Justice some Of the master
minds Of the word2
The original resolution Of Mr.. Hamer, however,
looks farther than this, and aims u more deadly
blow a, our present ju ''cial system, by changing
the tenure Of office, from good behaviour 10
term of years We believe that such u change
would be fatal to the in dependence and integrity OF
our Judges, und so believing, We hope and believe
that Congress will not consent TO add th,s 10 Inc
number of hazardous "expcrimcn's' which nave
been made, to see with how ule wis Iom great
nation may be governed.