The Arkansas banner., 1849-01-16
I Correspondence ef tae Bonner l
The Indges.

lNOFftsppNNeHCc gf tNc KaRAeF.
 The Judges.
 Ma. EpIroR. A great deal of surmise and specg- laiien exist in relation to the judges of the circuit court, whose term Of service has not yet expired more particularly with regard to the effect of inc amended constitution, affecting their rights, vested in then k sk constitution to exercise the duties Of their office. 1.-the question was new one, il would then admit of doubt and room for an argument; but as the matter stands here in Arkansas there To- mains no question plain and easy of interpre- tation.
 The whole current of authorities, and the deeis- ions made in every leading case, as well as abun- taHt of precedests fully sustAins ihe position that those judges elected by the legislature two years ago. tor the constitutional term of four years, and until their successors were elected and qualified are the legal and constitutional judges. any subsequent amendment to the constitution 10 the contrary not wifhstanding.
 What effect then. does the amendment to the con stituiion have, which says .ihat the qualified voters of each judicial srcu the State of Arkansas shall elect their circuit iadgcs ' The intention of the sovereign wilI, expressed through their representa- tves in the iegalature, should be our guide in the application and construction of their deiberasse &C., tion
 Then what was their intentions Take Il in tsso- fold sense IL is well known to all that the iegisla. ture became tired of having so many elections on their hands, as they tfeame annoyed by the fmper- tnnity of candidates. which prevented them, in a great measure, from performing those important d- Hes repaired of them by their constituents; or on the other hand, in obder 10 keep up with the pro- giess of the age, willing fo alter and amend the organic law so as to put in the hands of the peo- pie ,se whole power and authority of making al, their officers. Take il, then, ia either sense. as practical question. will any say that it was i- tended by the legislature that the amendment was 10 have atesro-active operation te effect the judges that they had just elected, can say that there is none who will think, for moment, that such was their intention, with alt the facts before them.
 Nothing can be more plain than that their inten- ton was, that the ameRdmen; 10 operate in the future, and altogether prospective in it's character and application. Any other conclusion woud be to charge the legislature with corrupt intention di- rectly to destroy those sacred rights vested in the judges by the constitution which secured to them term of service for fenr years. The very language ot the amendment itself 'sihat the qualified voters shall do the actthat is to elect,' &c. presupposss that it is in the luturet is not in the past nor the present. and nothing is clear than II Is for fu. tare action, when those offices become vacant by the expiration of the constitutional term of serylce re- signation, or death
 The States of Maryland and Virginia, when amen fha.r .S,ts II disturbing existing vested rights secured 10 their officers, unless in cases where he old government is entirely abolished. by framing entire new con- stitotion; in which case there is always a saving clause 10 prevent interfegnam ia the operation Of the government. Any other cot SC or cons;ruc- ticn would cause suspension of the functions of government
 There also exists abundant of authorities bearing on the point--a few, however, will suffice. sThe intention of the legislature. when discovered ass prsra aay rule of construction to the contrary o- withstanding "-Broarn r, Broaca. , Dat. 345.
 sItis undoubtedly well established principle in the exposition of Statutes, that every part is to be considered and the intention of the legislature to be extracted. from the whole It is also true tha, where srsa. incoaeeHienee will result from particular een- struetton. that construetion IS so be avoided -E E S. Q. Fishey q si., 2 Cfaaeh, 359.
 Generally, statutes are to be construed 10 operate in future, unless retrospective efees be clearly in- tended. ."- Prince e. U. S., } Calls (. C. K, 2e4
 These are few Of the numerous cases that pervade ali the books, and runs through ali the current oi authorities beasing on the subject. s That the intention of the Legislature should govern and prevail, and more particularly when tie con s,Fuctions and presunpiions in favor of vested rights. guarsnteed under the most solemn stipula- tons of the organic iaw. there esi be no doubt woald any one be so los. io sense and proper re- gard of his legal aitaismeBts at the present day 10 urge the argument seriously that Mir Jefferson was rot President ard Aaron Burr Vice Presideat of the United States. after lhe constitution was changed declaring another mode by which inc Prssisispi and vice President should be selected and chosen i the electoral colleges; which mode of selecting was changed, and became portion of the federal eonssi- tuition during the Presidency oT Messfs. Jeaerson snd Bur, The question, then. is not an open oae. and wl hardly adni; of an interesting investigation. Numerous argamests could De used, bat fe~ more suggestions. by way Of argument and wifl let he subject pass fer this time
 The constitution says "shat jadges Of the ciTe1ii coar, shah be elected for four years and sat their successors are sssetsd and qaAished." This is aa established, frce existing right. which vest h the .si.i9aa. eoss..t.isaa fsssshsse .o De exescised for absolute term Of ear yearss ad the exercise of subsequent contibgent constitutional right hy ihe legislature esa. in any saaner. be brought 'o pse-exts'iag figh;se This can bs Eiassss'rd aEi