Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-02-25

unless IL appear clearly Whehs'.i IL Il and
takes place, that there is good reason iot y nrah,
tha, no Judge is deprived OF his once ~ Who il
10 be retained. The case Of every luose ssnuld
is proposed thus TO deprive OF his ofhce, apina
always receive a just consideration. - h;m'
a place upon The bench, he has separa'eu
self from The bar, and if removed, wonio seue H.
" be unable 10 resume his station ,h.'e.Goa
had a rich, 10 expec,, when he accepted Inc oihee'
that no law would be passed abolishlhg i, u
less The measure should become necessary w."
public good" - mo
The reyisors then notice particularly ue III
quality in the business 1.-THE several cifcui.'1 :
the considerations which led The House Oh De'e
gales to mass a bill Tor The election oil a twenty
third Judge, and induced The 70 feeo"'
mend the passage of bill 10 obtain d 'Wen'
fourth judgc-and they say,
awe cannot think hi, the proper le,nsu5'a J
Having satisfied ourselves that u lhe aard;no
arranged and the business distributed aceo'"ins
10 the bill, il may, without oveIoultheu,n a." 40
one, be done as we'll by sixteen eihciens Jeas.; !, =
by twenty-five, lwenly.ihree or t~en'yioa,,
impossible Tor us TO consider that the uue ten,:us
for existing evils is to be found IN lhu,nry, 70 20
the lumber. II il is 10 BE- assumed lie
the report OF the select IN VI -
that under The present system there can ra.ooJy
arrangement OF the circuits which VIII ie".eaJ
Inc evils Denoted in that report; if The choice IS 70
be made between, on The one hand, q iu,'".i -
crease of Judges with small salaries, anu pn ,he e
o:her, the adoption OF the system proposeu : =.
resolutions before US, we canno! hesitate oesmse"
the TWO; we must decide in favor oi lhe 60,
convinced as we are that il will oeuei se.uis
an able and prompt administration = J".,Ii
without any additional burden on Inc uedsuly'
They notice The increased sums pfoPoscu y :
allowed the l6 judges and say, even win 'nis a.
lowance there will mol be paid 10 The Judges un.
der The proposed system SO much as W'l'o e Paio
under The present, If the effect OF continuing Inc
presen, shall be 10 bring upon the State the sala-
ries Of a 23d and Gath Judge.
We shall close this article with an extract
from The conclusion OF The report, containing some
general remarks on The subject OF salaries 10
Judges, the qualifications which should be regard
ed in making appointments, and the consldera-
ton which should he shown for The present
judges:
sour own opinion is that the policy OF pro-
yiding meagre salaries for judicial services, IS
false and fatal economy. The bench ought al
ways to be kept equal, and II possible mace su-
perior 10 the bar in point OF Judicial learning
This can never be accomplished unless such sal
aries are paid, as will make the best lawyers in
The State willing 10 be judges as Will make eve
ry Judge Of an inferior court ambitious OF pro-
motion 10 The supreme bench; and each Judge OF
that bench emulous OF being lis president.
1.-THE salaries TOO ought 10 be such that with
proper providence, the Judges might not only sup
port and educate their families, but make provi-
49,, ~. 49, ,an,.n ~ If lie hnc0mlnu DrOnpr
to retire from The bench by reason OF the lnhrml-
lies Of old age, or permanent disability.
.WheIe such salaries are provided, there
would be or ought 10 te no reluctance on The part
Of the Legislature to enforce such retirement II 1t
be not voluntary whereas when the salaries are
insufficient, there vii. always be an universal
sense and feeling OF he hardship OF turning OF
unprovided for an aged or infrm and faithful
officer. This sentiment induces an acquiesccnce
10 his continuing 10 receive The salary alter he
has become incapable OF performing The duties oil
the Office.
"And we hope il vii moi be considered that we
go out Of our province in saying, that after a
due distribution OF The judicial business; aiier SO
arranging the labUrs Of the judges as 10 prevent
injury from the rust OF i~naction, without break
ing them down by the fatigue OF labor, after pro-
viding adequate and liberal compensation; still
all these reforms will he unavailing against the
evil of an Inefficient judicial system, unless Inc
appointing power is acuaied by a proper spirit
in The selection OF judges. Every other provision
for an able and efficient judiciary, may be rem
dered Of little value in improving The adminlstIa-
ton OF Justice, if the Judges should be chosen
more with reference 10 their parry predictions
than their judicial learning, and their moral and
Intellectual qualities.
nOn the presen, occasion il will no doubt be
deemed just and wise in carrying out me pfopos'
ed system, 10 shew as much consideration as pfac-
ticdble for the present judges. As only sixteen
can be elected 10 The new courts, The Legislature
will very naturally selecllhose whom II may con-
slider 10 have been most able, diligeni and eitlci-
ent in the discharge OF their official duties; but
We trus, that whatever The arrangement OF CT
cults or the place OF residence OF any one now IN
office, any one Of the twenty-five who has MINER
10 discharged his duties, Will be preferred IN an
election iol one Of the new circuits, 10 any indi-
vidual not now in Office. Such we cannot doubt
will be The sense OF the General Assembly. And
w~e;would suggest that in The first instance, The htsI
section OF the bill which provides Tor The aooii-
ton Of the courts be omilled,' and that an cleo
ton b. made OF judges OF the new courts, before
any law is passed for such abolition. Such
a law passed, after the election, by a vote oil
two-lhirdS, would not be less %effectual in depriY-
ing The judges of,he present circuit superior courts
Of their offices, than if passed before the election,
while the course suggested would avoid the ap-
pearance of Intentional harshness 10 the present
judges.
"There would then be no room Tor regret, e1-
cept as 10 judges not elected 10 The new courts,
and for them the Legislature may make provision
10 such extent and in such manner as in its Juds-
ment may seem just and proper. ;.
"In conclusion, We would remark that The call
made for our opinion was 10 each oil US wholly
unexpected. In some respects il has imposed a
painful task, but we have thought il more becom-
ing in US 10 meet Than 10 decline the responsibili-
ty Of expressing The opinion asked Tor. Having
now given i, I fully and frankly, we leave the sub
jeci 10 The Legislature, in The confidence that il
will take such measures as will best promote the
honor, the dignity, and the welfare Of The CON-
monwealth."
.rhia unuld rcndnr a slIcht verbal lnndihcatlnn Of