Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-10-15

the law; bit they oud be impo.cnt against popular neg
lect. or fopUiar contempt"
Gentlemen by The proposed election OF judges by the peo
p public opinion in Virginia. will, if possibe WELD adi
tiona influence The Judge in country exercises great
political power than thai officer has ever exercised in any
country, either Of ancient modern times No where
else can the bench call in question the constonalty o.
the law Lord Hollis said have exercised mat power IN
ngand but its exercise is clearly In contrayenon OF the
hc"iy o the English Constitution which, by making Par
lament NJ the came time legislative and organic ASSEM-
bly, coniers upon that body the exclusive power not only tc
laws but 10 amend any manner alter the Con-
sttuon itself The last of Parliament l. The last amend
nent ratification Of Some part OF the Constitution which
indeed, is nothing more than accumulation ot Parliament
ary pecedcns To give the Judge, under these crcun
stances, the power to decide the consutlonay oi law
would virtually be TO give him power superior to the onip
0tcnce OF Parliament which, by enactng the law decides ts
consutonaly, and which, in the last resort, is the SUI
preme Court of Judcaure TO which appeals from the de-
csions of every other Court in England may finally be
referred.
simpler theory of American Constitutions ntcposcs
the Judiciary shield o protection between the
coordinate departments OF government and between each OF
those departments and the people BY the centrpeta
rather the balancing force of the Judiciary the Legislature
and the Executive are held within their proper orbits and
the beautiful harmony of the whole system preserved Sub
Jcct that balancing force itself the attraction rcpu
sion OF superior, overwhelming power and each de-
rucve alterations from i,s destined sphere the harmony
nay the very existence of the system will be- destroyed
universal anarchy and confusion prevail But, gentlemen
this invaluable balancing force of the judiciary this noby
conservative political power of the American judge i.
brought with all his other powers in virtual subsection 10
the supremacy Of the popular "-in virtual yassaase TO
every wEd and wave Of popular tht Judge
holds office Immediately from the people retains II by perl
odca expressions Of their pleasure and can be borne on
ward the highest emoumens and most brilliant honors Of
his profession only by sailing with tie temporary tide OF the
great popular When the Legislature which makes
the law Executive which enorces its execution and the
judiciary which, in the last resort decides upon its consti
tutonay, and from the hulnbles justice OF the peace to
the Supreme Judge Of the Court Of Appeals has power TO
arrest action OF the Legislature and the Executive COM
bnod-when all three Departments of the Government
shall be elected Immediately by universal suffrage an over
wheming majority OF numbers over interests-and the
Judge shall have nough the waveng consciousness
of rectitude sustain hJ independence amid the heart
touching cravings Of needy family the positive certainty
expulsion Office 10 give place 10 more unscupuols
SUCCESSOR and the execations of the fierce multitude th
dc,ing in his ear that Constitution which is the only bull
wark of the minory the rlorn hope Of the feeble few what
guaranty there that that Constitution itself which leans
upon the yielding Judiciary its last support shall not be
swept under by The united currents OF the boldly dashng
stream!
Ii instead Of rising like independent Mansfield in the case
of Wilkes or our own noble Marshall in the OF Burr;
instead of rising submey like the ocoarock, unmoved and
inmutabc amid the pillows which break a its base and the
lightning that bursts on its brow but revealing the grandeur
of the structure which deies the sor-tho popular Judge
unanchored, shall wildly float upon tho swelling wave
and and tack about his best course into port "he
such crisis shul arryeand the danger Of ts occurrence
is in proportion the Ignorance Of the peopeAlo3aw
wil be mercy in comparison with the esllzed tyranny o
Judicial usurpatnn.
If oenineu for the fir and enlightened administration
Of Justice such be dependence upon ;e tone and ten
dcncy of public opinion, the pug:c sehse and aen'i-
Ion every where governing the Interpretation and exc
cntion of the luw how solemn tbs duty, how resinnai-
Bile the obligation which tho State owes 10 It's cze:s
and 10 selftlc State, whose sole end and object Is
,usiice aIhow solemn and imperative its obligation to
furnish TO al facilities Of acquiring that intellectual ana
moral culture which sill crsilre IN the community IN intel
leen upright ana honorable appreciation aud acknowledge
OF the rights and duties of society and government
Such gentlemen are of the prominent views
which show the daily increasing Importance otnc aay
multiplying ioe universal education OF the peo
pie we have the fearful extent Of popular Ignorance
In the State We have that the exen. OF that sno-
rance is still increasing unfortunate dsgfaceia
and alarming degree We have seen that by the proposed
changes in the Organic law the direct necessity of ne
gencc among the people will be thousand fold enlarged
Arc there no legitimate means in our power by which thi5
immense evil may be removed! Ia there no eicen, ana
honorable plan by which the people may DC ealcaeu . 1
Ii is OF the deepest concern, that among all INC
politicians and statesmen who have proposed changes ana
reforms be adopted in tho new Consutunon-chanSe'
and reforms which, have seen are radically 70 aiec
the relations OF persons and property throughout virginia
and greatly enlarge the powers and responsibilities OF ht
audible voice. save that OF the orator
Accomac heard proclsmng the momenous, though un
welcomed truth that e people should tar hsmselres 10 e
ucae their chiren This gentlemen Is the great truth
which Virginia has yet to earn-the great truth Upon "he
depend her future prosperity, happiness and honor.
! Vol Political Ethics 25s ,-.....
furnished another melancholy illustration of the terrible powe
OF rccted and corrupt public opinion over the just admnsa
tion The assembled Judges OF the General Court IN
highest Criminal Tribunal the State had friee pronounced m
evidence against Tho prisoner insufficient produce CONVECTION ad
ns the lat before cm that there was MOI sron
reasonable suspicion his gust ie, was lhs na,
bold defiance AMI authority deliberately IN open haysh
custody hundred cltizens aud barbarouf
hung while ascyeatns firmly the last moment and
looking from his dying gaze the purity OF MS Gsp
tu Minute Of capepr raised The frst flag Of the Rsy1il!a
% nn and 5raTey rely nse,Sr1 m upon s os oae m
by Lar or Death dnc.! In the field now owned by JON
s. Barbour, Es,,-haif mile from the Coirt iiou'e-Ih's
noble rons old oak whose branches ci
arnor was suspended still marks the sacred spot IN S the ~
NE of CiIpcr'a mile from The Court iiouse-bn no
~ The iu!nty ausiun-piron the prciinaion ye pat
riots Oh high that old oak the tree which GrayHon Wa
hung, Dcsceniaus of 75-.ud" mob.nurierers Of today,
--'ungo goreraipy bold"