Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-07-21
-. NEb' CONSIiIt IION.iL QUESTION
he following article appears in the last National In
10 Tic fsfifors.


Mn,'".; GALES ssaroS: You published ruinor from.
Ss NJ. ,as. The r'ia Ia. appointed y Joca
can be no Judge Of the copn Who docs not hold biz ol
po.s irc,icni without III. can DC sua M" DE" sp
"fg ~ mS,' me 9s 10, duny good bchaviour
& Mso may after HI. mind before next the
Il, a .uIss aader such oapou,mcu high for
pse.cn, slate Of a ni can nl do no know Whether the
uci but DO moi believe he win lkc upon himself the function. of
81 hS supreme Cous uai his
me glove communication from the highest espec-
apoaaen, of s question N reference
deserves very colcration apart from ans
!" "a w. niue" n.s OF the appointment tdtcrs Of ~
inns card comes indeed under imposing als,,;cess.a
source OF the highest resDecaLity tan i,n,0fui CON
s.'t"tiona question deserving rery or0rc cooS;dcra
or our own parts, we do not attach all this con
sequence L" The question Causdicus only splits hairs
Where IS the difficulty? The Constitution IT, S saws.
The Judges both OF the Supreme and inferior Cour,s
"', h''u '.ir Offices during good bchavorIt also
tnat the President sha nominate and by and
with the advice and of the Senate sh, ,nno;nt
Ambassadors &c, Sc., Judges of the Supreme Court
Nc Ncand also, that he .sha have mower I'm ;II nm,
all vacancies that may happen during the recess of me-
e", oy granting commissions ,cich shall crpirc atthc
end of their Session" r. 80
We must take all these provisions ,ooo,,. r. 49,,
LIST place the office of Chief Justice ands ,non ,h
ground as that OF any other Judge the SUPREME Couri
M 'e "a pace }. stands upon the footing in case
W as mat oil ambassadors, of'aH Oihcy offers
oil the United States whose appointments are mo, he
otherwise provided for" &c. &c-That is ,bat ,,,.
PRESIDENT shall ill all tcmpOrarU racnnc;eS in ,Lo,
There can then be doubt of his power To onnont a.,
fancy, pro teand it is idle say that he will hld
ms commission at the will of the Scnatr-For rnJ,.r
such circumstances, the Constitution does so oual;f Tho
tenure OF good behaviour. Causidicus is wrong in adny
at ne stu further holds it at the will Of the
because Tie xpessly puts it out his
to take away the Commission and 10 s.non;,,in a,,
Other he said commission runs to tie end te mr.,
session Of to Senate y ~ 49,
The trainers of the Constitution had ci,hrr 70 .s =;
the President the unqualified appointment of Judes
Is IN the Crown IN Engand-or, to give him Come i
OF appointment, to revise his nominations M il i; i'm
some oi The Sates-or, TO command the Senate always
to be ia Sessonor TO let the public interests sufir r
want oil Judge-0T, to give him the temporary an.
Poinlnent, IN the case of edcancy and recess They
preferred the latter has been the in several of Tho
State Constitutions. And what has been The practice ;
hat IN these States the Executive has been in tho
OF appointing Judges until the Legislature could ACT in
every case where the public interests would not admit f
any delay Such is the prOriSio in the Constitution of
Virginia and such has been the practice of our State
Vernment-Suc, too seems to have been uniformly the
practice under the Federal Government-tI,romaI 90
vrral Administrations viz:
ih"s johnson OF NJ was appointed Nov. 9TH 1901
John Rutcdge Chief Justice July LIST I7o5 N r.
yingsion vice Judge Patterson, Nov 10Th IsO6-C
Duvali, vice Judge Chase, Nov. 18TH IsII-Jos Story
vice Gushing, Nov. 18th, 1911.
We presume that all these were Temporary a,no;n,
ments made. during the of the Scnai, WIZ
Then, Is Mr. fancy TO be made exception to the rule
why IS the Public Interest suffer by the want of am
appo ntmcn either Chief Justice, or as Judrc az
The Circuit Cour-for the obeclo of Co,,sidicu.'
would equally apply to him, in the one capacity or the
otirr:-ls there determination raise IN ddicutos
and put down Mr.. fancy, at all events