Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1836-09-09

the columns Of the Enquirer, long Opinion, in which,
he dues not differ, but agrees with that delivered by the
Court. II this Opinion is correct Of which entertain
serious doubts think it calls for immediate Legislative
action; it the writer that there is nothing
more calculated to make iyrants OF the Judges, and
crouchi"g SiarcS ofhe officers Of the courts than this
construction Of the ac Of Assembly, in relation to atlo
mes LOT Inc Commonwealth taken in connexIon WIN
tc IA" winch aulhorlses The removal from olce OF The
clerks Of the Circuit Suptrr Courts Of Law and Chan
ee,y, At Inc discretion OF the jrd-es.
MS i'lor remarks, that judge. who. for series
OF Srata' administers justice within The limits If HE
same c''c"' Shnds chance IN have every scouEd IN
1t hIs l"rsonal enemy: aud lie very Justly and with
great pr"preiy adds That The is not sure o escaping
the fr"5a'fs" i st al tir riin0ns members Of the
muny.' From what have Understood IF the tempe.
raincml Of the Judge, should nat be at all surprised il
he considers every scoundrr whom he considers
his .pcrsonal enemy. Should this be So expect they
about even for, pretty well assured that those
whom the judge considers his personal cncnies think
Just us imdlcren,y Of him, he think of them
But beg leave 10 differ from his Honor: If he has any
personal enemies either within the limits OF his circuit
out of those limits, he must ascrioe 1t To some
other than dgititd administration Of uslicr for, do
not believe that Judge makes personal enemy OF any
man, shy enlightened, honest, and fearless admins
tration of Justice"
In the long list Of the Judge grievances this: That
BY Furnishing in summary way those Offences which
ubslruc the due and ry adninstIati oil justice he
subjects himself to the charge Of tyranny In this,
think it not mprobabl that the Jud had in his mind
the OF the FauGucr sheriff, which was tture the
last Legislature. If correctly informed, the obec
ton 10 lie Judge that occasion, was, not that p I'M
posed fine OF twenty dollars the shPfa IN sunnia-
~ way for not being in the courthouse at haitpas ten
o'clock the first day of the ternalthough believe 1t
in evidence before the Legislature, that in point Of
fact the sheriff was in the courthouse on that day before
the Judge, but Temporarily called ott-but that he
Imposed this fine, which the Legislature RENTED, IN the
absence OF the sheriff. and without giving him any notice
urawardnT any Rule against rim, and thereby giving hun
o Use Y
be imposed directly in the teeth Of the Act OF Assembly,
to say nothing of those i'lnuube principles of justice
w!,ch forbid that any should be muIcled punish
I'd in any way, without being heard having oppor
tunity oibeng
The nra:ic!oly fact is THAT VIZ cannot change our
nature he who is disposed be arbitrary and ovrrbea
ng, will be very apt continue to BIZ So, IT, by any turn
Of the die, he should happen to be made Jodge: and
the Ethiopian had well undertake to change the color
of his rplGerms, and the Leopard those of bis spots
DnrcgeneTate TO clIangr his natural disposition
History has made acquasG with the characters OF
bacon, and Chacc; aud if any such character has
arisen our day, should hereafter arise 1t Is to be
hoped that those whose right and whose duty II now r.
Claks 10 the Trainers OF our present Consttntlon Will
not shrink from the application OF The proper corrective
In such case mercy To the ca prIt wOuld be cruelty 10
the State. NJ person las higher respect than The
writer for the dignicd aud Impartial Judge and such
has nothing TO apprrlIcnd. Should II ever happen
that proceedings should lie instituted by the Legislature
against any ore If different description, am afraid
that We should then see something OF that Esprit az
Lrrps of which the Judge speaks. Even two-thirds
Of The Representatives of Tie People would in all pro-
bability be denounced as dominant tactlon;' aud
should Judge be removed, lie would no doubt consider
himself and represented by his parlzas, as victim
TO any thing rather than to his delinquency: but such
cunsde ralioils should not weigh feather. In such
case the Legislature should be that they proceeded
without malice, hatred or i'll wall, Oh the one hand
and the other they should b. equally sure and par
tcuary certain, that they not restrained from pro-
cerdng through " fear favor, affection, or for any
reward hope or promise thereof" The Judge concludes
by saving " If ever those who lead and direct public
:" opinion, not satisfied with victories IN their appropr
~ ale field shall wage upon the Courts, he trusts
that the Ptoylc wall cone 10 the rescue and not real
{. izc the fable of the Wolves and the Sheep. Now,
perfectly willing 10 leave it 10 The test OF time t" de-
lcrnne which shall be considered the Woives-Some Of
the Judges, the Representatives OF the People
ONE OF THE SHEEP.