Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-07-29

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the repullnns fortunes personal security and even the
lives of our citizens shall lie raised above all sinister m
!!ucDce by holding their Offices during good DFhAFinnf
Can the Legislature by prescribing different I"hr OF
appointment for the Justices who shall " in the first m
stance, be appointed in newly crca!ed county, price
Them, regards this power Of removal, upon dii'rfE
tpeng from those who shall be appointed TO I'll! SHcai
: cirS nI add In lie Tuu!Cr cE!s!iaG county Inc
c' section Declares that ''the Justices shall appoint con-
stables is the power to consrah!r nj pleasure"
conferred by HE C0HSiiutiDn on The lusices May not
lht Legislature providr that they shall remain III ''c'
one nr more years, unless removed Tor IIS"onIucs
The Legislature has, under the Constitution Icssr.ed
to Itself Tie appointment IF General Officers Of the Mi
a. May General If Militia I've removed by JOINT
vote OF the two llonsss Company officers are chosen
by Tie nouconssigned officers, musicians and prlratcs
OF the respective companies. Field officers arc chosen
by the company oiiicers-a other Legislation apart
! Would The appointing power have Tie power to re-
move ut pleasure: These questions need only TO he
to be proinundrd 10 receive prompt and unqualified
negative. The power 10 appoint, then, does not carry
as an incident the power 10 remove, whcn no other mode
OF removal is prescribed by The authority from which
the appointing power enaalrs much less 10 remove at
the pleasure Of The appointing power and however diff.
crcny il may be settled by the General Government,
or our sister States such principle be esorleG TO
in the construction OF the Constitution and Laws of Vr
ginia. 1t follows that in whatsoever hands the Consiitu
ton may have placed the power OF appointment, if the
tenure OF office be not prescribed by that instrument,
IL Is subject OF Legislative regulation. Aud, appyIH
Inc same principle 10 The law under consideration, we
must look some other for the authority which
has been exercised iii the present case. 1t IS fact
OF general nooricy, and has not been questioned in
The argument of this case, that it was The universal!
opinion OF the people, and every department OF Inc
| Government that under the fprmer laws comforting
upon the Courts the appointment Of ecnn Attnrnles,
they held their Offices at pleasure Such had in various
instances, been their practical construction; and it may
be safely affirmed that not single prosecuting Attor
ney within the Commonwealth. either in tie County
! Courts, the old District Cu"rts The late Superior
Courts If Law. received their appointments under any
other impression, than That they rcrnraj" at the
pleasure Of the Court. Such, he tells us, the OPT
mon OF the counsel for the applicant, who himself once
held the Office, although his recent researches 10
have shaken that opinion | myself was prosecuting
Attorney in both the County Superior Courts for
years and never dreamed that held the appointment
by any other tenure than the pleasure of the Court
/ With this universal understanding Of the cansirnc-
! ton of the laws in relation these Courts it was
suJstant aliy if not in terms, rc-rnlccd in relation
to the present Courts, 1t is well known rule in
the construction Of British Statutes which have been
adopted by Us, that they are 10 be expoundcd here
rs they cxpoun!ed there, prior TO their 1dnp
| ton here l. The received construction in England ii
" the time they are admitted 10 operate in this country,
indeed to The time OF our separation from the BRUSH
Empire may very properly be considered as aCc"mpa
nying the statutes l:rr:"lrcs. -Marshall CHI j., in
CatIcart Is. Robinson 9Th Peters, .!-,I-Wc all know
tha in the construction OF the statute of fraudulent
veyanccs and the statute al! frauds both Of which
borrowed ircn the English staiu"s, constantly sc"
for guides i'll the d'crces of The English Courts; and
those decisions, which preceded the rc-cnactmcnt o
these statutes in Virginia, considered ar0r:ta
tive. In following them, in regard the latter statute
wc have adopted 4 cOn3rmction, not warranted By,
! but in opposition to, its plain words Arc We
raned: then, in saying that wien will! full knowledge
Of the construction, which by universal consent, had
bscn placed on tine la giving the appointment % r:osccu
tnG a,tGrneS To the former courts. II rrenaCCd with
reference 10 the present courts the Legislature intended
tina. it should continue to receive the constructing
4 construction, which, is shown BY the Judge who
preceded me: is warranted by The history Of tic Legs
I IlfJnn tins SIl,ipp and urpI hc
! So much for the construction Of the Statute
The counsc! for the applicant concluded lis rrllTks
with !oGrniul antcipaiIons of the fate which awaits The
Judiciary of Virginia. That provision of the Goa.
sutiGn which authorizes the remGva! of Judge ~
vote of twotrds of both Houses OF the Legislature for
any which they may think proper 10 assign. he
apPrrhends may place the Judges at the mercy CT do
mlnant faction; ana they cannot therefore feel that fall
security and independence, which will lift them above
the prcjudces and rasSions OF the day, and which! are
the only safe guarantee for honest and fearless adi
nis,ration of the laws He chuges us, value the
security Of that station in which are placed, and
which it is duty TO guard, carefully to avoid the en-
ercse Of all doubtful powers which may bring us in
iic with those Who Influence and govern pubic opinion;
aud s:,emny us, that the Judges may chance 10
hc as in truth, majority cf arc) on the weak
side OF the great political and party questions, which ag!
tate aud divide the People: that the exercise Of the
power we are now called on to rppudiae will inYolvc
us in painful collisions with tn, prosecuting A!t"r-
mics; and although we may remove an incompetent
unworthy officer: he may succeed in pcrsuad!ng
thinrss. and send him To the Legislature; that lie
may there avail himself Of the advantages. which his
station and fortunate opinions cTincntir give
HIM ard although e may no: prevail on constitutions!
majority Grl from seats, he al least will have
the qualification OF Ea!aSsng lis. These admnnons
mol given in tone Of menace: but in spirit OF
kindness. As the moniloy warnings of iI"nd to the
judiciary, receive and appreciate them. Perhaps it
would be the part Of prudence profit by them in silence
They however connected with events. which appear
10 to justify, if not Gail for some remarks 1t was
my good or orlnne TO serve with the learned counsel
in the Convention which formed the ne" Constitution
No member of that body appreciated more highly than
did, the incsnabIc value OF indie pendent judiciary;
fell intense the thrilling appeal q" The late
Chief Justice, in which he deprecated 50 an gnnrant,
50 corrupt, dependent udciary. tn" greatest
scourge angry heaven ever inflicted upon an I'M
grateful and SHINING people,. and mplored us not TO
/ - draw down this curse upon Virginia. None sruJ-
g'rd ardrntly than did to avert dire calamity
But thought then, and still think, tint independence is
not incompatible with just responsibility; and, when.
ever a Judge has become obnoxious, that lro-rds
of the people. whose servant he is speaking through
their representatives, find in his conduct cause CT
compan which they willing in The face OF the world
to the ground Of his removal he no longer
ill the office with honor to himself or benefit TO lis en-
pioyers. For myself, am willing TO abide that Issue
And should despsc myself, if capable Of cling
ing to lis palry emoumrnts. after it sorn Of the
odirum Of hcnor which belongs 10 ii in its most palmy
| state
! fully appreciate the value Of The lesson which the
counsel incuIcatcs The the jurisdiction, the
less the labor the fewer the powers the less the rcspon
s1ilily.
sensible, perhaps too sensible, Of The pain Of be-
ing exhibited in the Legislative Hall. spectacle for
the general gaze and target for the missiles OF all whom
rivalry malice personal political hatred. desire Of dis
tincon, willingness to try their unlcshcd weapons III
field where they may inlict blows without The rsque
having them returned may urge on to the assault Nor
ain | ilsensilc of The danger attending the collision
against which we are warned. The lawyer IL the
abstract is unpopular. But the man oil real flesh and
blood is commonly found 10 he parsonage Of 10 small
influence and power and it not the eas alarming cir: