Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-07-30
No. VIII.
go: IL. niiI ALi.IEE OIL lI.lEE

When. in l776. the representatives Of the people OF Virginia
assembled in full md Tree Convention anu made a d"riira-
non Of right. which pcrtlincd 10 them and their poate!itv n
the basis III government, they Distinguished very carefully
between the tenure Gf Office of the men cScrcislD. the Lc-
lislatiNc and Executive powers 81 me State ana iHc Ielutr
o those exercising the Judiciary powers. After declaring
THAT tic Leeistahrc and Erecut;rc powers Of The State
should b. :" paratc and distinc; from the Jucicidry,' they
proceed IL MAKE !is declaration:
"Iia, the members oi tin too FIRST NAV be restrained from
oppression, by feeling and participating the bl!tlons OF III.
people, they shoILd, at Gred permits, he rcdicr! Ia = prlTair
| station, return into that body from which they were oilsi-
u4liy taken, and the vacancies BE- supplied ~ lreqneu', cI.-
rein and rtgula. elections, in which all OF any part OF ne
!oimer members are To br again 'lsipie oF iiicii5ioic d. nv
laws shall direct"
The Constitution Of 1880 provides that the Governor shall
hold his Office for three years, and be ineligible 10 ina, Of
fee FOR three years afterwards. Thus, ala .Ercd psriod, hc
is reduced 10 Il private station, IN lac manner as Tie mem
| bers Of thc LEGISLATURE. IRIS Is IN exact accordance WIN
,.c principle of the Bill of Rights. And yet that principle
j.. in no Wise, de;raricd from BY the provision in The Consii-
,,iion. that the .Jaiges ''shall hold thelt Offices during good
behavior, or until removed III the manner prescribed in TINS
Constitution
Tit men of '76 who framed this declaration Of rights per-
taininn Ia the people, had 4 reason Tor their distinction pc
tween the tenure of the Judges and the tenure Of the 70
vernon and members .; the Legislature; they ha IN oolect
il making the judiciary somewhat more Independent tlnn
the member, VI the other departments. What was that OBJ
ieft. \, - ,sr.a ar .b,,s,r in the Convention of lsaa,
merely L. sc.urc the salaries ii a iev men. Far .rola it,
That did No.; even enter into the question. Il was 10 enable
the poor and dsspis,d man I" come on qua! ,'rhis ntp cgn-
trovcrsy with the Iic!. and The powerful II was 10 enable
The unpopular han 10 appeal with confidence TO the tribunal
If his country, against the popular idol Of the day. IL was
10 enable the humhicst citizen in the community 10 stand
firm and erect before the Commonwealth itscif. In 4 politi-
cai point OF view, it was 10 enable the Judicial branch oi the
Government 10 prescribe limitations 10 legislative power H.
self. But could il answer these nobicst ana best Of ends,
il is iunc'ionar.cs, before they pronounced 4 decision, were
- hook at its effect upon their own subsistence and the com
forts Of all whom they loved! Compel u Judge 10 look 4.
,his, ana nc could soon find ways and means OF Jusuiylns
any decision which Iii interest or MS safety might require.
l. took bui lir;l, trou5le To muster up law enough TO effect
such an ,nd.
.ld"o,l.' said Mr.. .NrrstqH, ito the duties Of 4 Judge.
lie H. Ia pass between The Government and Tie man whom
ttnt government j. prosecuting: between the most powerful
individual III the community and the poorest AM most un-
popular. 1t IL ol tie last Importance that IN the exercise NJ
tlrs, duties, Il should observe the utmost fairness. Nee!
press tin necessity oi tlis? Does not every man feel that
his own personal security, and the security Of his property,
depends on that fairness! The Judicial department comes
home in lis effects 10 every mans frcside: it passes on his
property, his reputation, his life, his ALL"
"iou do not, hc continued, 'alew 4 man to perform the
duties Of a Jury man or a Judge, ifhc has one dollar OF inter
est in the matter 10 be decided: and will you ALLOW a Judge
Ia give 4 decision when his office may depend upon ii! when
his decision may offend il powerful and influential man!
\ our salaries do not allow any of your Judges 10 lay up
for his old age: the longer he remains in office, the more
dependent lie becomes upon his office. He wishes 10 re-
ttn il; il he did not wish 10 retain il, he would not have nc.
eep,ed il. And will you make me believe, that if tho man
her Of his decision may affect the tenure of that office, the
man himself will no. be affected by that consideration"
Such sentiments is these generally prevailed in the con-
vcntion of le29. But there was some difference of opin-
ion as To goin. the length III declaring, that ''Eo modification
or abolition Of any corr; shall be construed 10 deprive any
Judge thereof oi his office" Against going SD fr "a this,
there was opposition on the part Of PHILIP +. Barbour, who
yet declared that the independence Of the Juiiciary-its Just
and reasonable indrpendcnce-was what he would never
break in upon; and opposition ny Mr.. Tazewel, who was
tor having the Supreme Court oi The State n constitutional
court, and the inferior courts legislative, over which last the
Legislature might have power in like manner rs Congress
had power over the inferior courts oi the Union. at Is
true" said MIR. Td-eirsH, There RuS' be nm independent de-
plrtmeni, but. there is no need of but one such department.
Preserve" he added, "your Supreme Court independent,
and YOU get all YOU need" You will have one Supreme
Court with its Judges holding their offices during good be-
haviour, beyond the control Of the Legislature, Just as the
Judges of the Supreme Court Of the United States are be.
yond the reach of Congressional power, while the inferior
courts, like those of the Union, will be subject TO legislative
control, and may be modified OF abolished al will
The discussion ended on the adoption of the constitution
al provision that mo law abolshing any court shall be con-
strued 10 deprive n Judge thereof of his office, unless tro-
| thirds Of tic members Of cdci House present concur in the
passing thereof; but the Legislature may assign ether Judi
cal duties 10 the Judges of courts abolished by any law
enacted by less than two-thlrds OF the members Of each
House present"
In the course of the discussion, Mr.. Marshall, replyinc TO
Mr.. 1a,ereR, said, "Milt the gentleman recollect, thai in
order 10 secure the administration Of justice, Judges of capa-
city and LEGAL knowledge are Indispensable! And how is he
IL get them! How are snch men 10 be Drawn oil from 4 III
craiivo practice! win any gentleman of the profession,
whose practice will secure him a comfortable independence,
leave that practice and come 10 take an office which may be
taken from HIM the next day! You may invite them, but
they will not come. You may elect them, but they will not
accept The appointment. You don't give salaries that will
draw respectable men, unless hv ,hc certainty of pernancnce
connected with ;A,m. Bui if they may be removed al plea
sarc, will any LAWYER OF distinction come upon Your bench?
No sir. have always thought, from my earliest youth till
now, lhat the creates. sco'!rse an angry heaven ever infict-
ed upon an ungraicful and SHINING people was an ignorant, Il
corrupt, or 4 dependent Judiciary. WIN you draw down this
course upon lirginia."
Gen. Broadnar, in tic course Of his remarks, paid a noble
tribute 10 Mr.. Marshall. in this State al least" said Gen.
BrollnQr, 1--WE have al! read a lesson On this subject which.
on my mind, has left an indc!ihle impression-i, has been
lost, ! a?%prchcnd, On none We have seen IN individual
prosecuted, with all the weight of the United States govern
ment-;he entire Influence of The STATE of Iirginia--an
list not least The spirit OF a dominant party, excited b. re-
cent conflict and flushed with recent victory-a party con-
shutting a majority which locked down all opposition, all ex-
erted in combination to crusa the accused-no, one found 10
sustain him-and when the individual who would have pre-
sumed 10 say a void agains, his conviction, would have
been politically denounced, perhaps torn 10 pieces by a mob,