Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-24
From, the Richmond Wing.
TENURE OF THE OFFICE OF JUDGE.

When, in l776, the representatives OF the people
of Virginia assembled IN full and free Convention
and made declaration of rights which perained 10
them and their proserity the basis OF government,
thev distinguished very carefully between the tenure
of the men exercising the Legislative and Executive
mowers of the State and the tenure of those exercs-
inc the Judiciary powers. After declaring Shat the
Leeislatve and Erecutue powers Of the State should
be separate and distinct from the Judiciary" they
proceed 10 make this declaration:
"That the members of the t,co frstmay be restrain
ed from oppression, by feeling and participating the
burhens of the people, they should, at f1ed per'ods
be reduced to private station, returned into ina!
body from which they were originally taken ana
the vacancies be supplied by frequent certain and
regular elections, in which all or any part oi lhe
former members 10 be again eligible or ineligible as
the law shall direct"
The Constitution of 1880 provides that the Gov
ernor shall hold his office for three years, and be IN
eligible to that office for three years alterwards-
Thus at feed period, he is reduced to private
station. in like manner as the members Of the Legis-
ature. This is in exact accordance with the prInc-
ple of the Bill of Rights And yet that principle, is
in no wise, departed from by the provision in the
Constitution, that the Judges "shall hold their or
fees during good behavior, or until removed N the
manner prescribed in this Constitution"
The men Of '76 who framed this declaration Of
rights pertaining TO the people, had reason for their
distinction between the tenure Of the Judge and the
tenure of the Governor and members Of the Legsla-
ture they had an object in making the Judiciary
somewhat more independent than the members OF
the other departments. What was that objectt
aWas ihn asked Mr.. johnson in the Convention OF
1929. 9merey to secure the salaries OF few men |!
Far from it. That did not even enter into the qnes-
tipn. II was to enable the poor and desplsed man
to come on equal terms into controversy with the
rich and powerful. II was to enable the unpopular
man to appeal with confidence TO the tribunal OF his
country, against the popular idol ofthe day. il was
to enable the humblest citizen in the community to
stand firm and erect before the Commonwealth ITSELF
In popular point of view, it was to enable the Ju
dical branch of the Government to prescribe llma-
tions TO legislative power itself. But could 1t an
swer these noblest and best Of ends if its functional
ries,before they pronounced decision, were to look
At s effects upon their own subsistence and the COM
fort Of all whom they loved? Compel Judge to
look at tbsand he could soon find ways and meanso
iusfvng any decision which his interest or his sale
tv might REQUIRE 1t took but little trouble to mus
ter up law enough to effect such an end"
aAdvert.n said Mr.. Marshall, "to the duties of
judge. He has to pass between the Government and
the man whom that government is prosecuting De-
..---.. snU mosI poweuul lnol''uoi IL, ''e -. .
ty and the poorest and most unpopular. His oi .le
last importance that in the exercise OF these duues
he should observe the utmost fairness Need press
the necessity of this Does not every man eel 'na'
hisua Apersonal security, and the security OF MS
depends on that fairness! Inc JUDICIAL
lllnent comes home in its effect to every mans
freside passes on his property, his rePua"oh MS
life, his ALL"
.You do not,' he "contnued allow man to per-
form the duties Of jury man or Judge, II ne mas
one dollar of interest in the matter TO be declaeu
and will you allow Judge to give decision wnen
his office NAV depend upon it? when his decision
NAV offend powerful and influential man9 Your
salaries do not allow any of your Judges to lay up
for his old age the longer he remains in office, the
more dependent he becomes upon his office. he
wishes to retain it if he did not wish to retain 1.-THE
would not have accepted It. And will you make me
beieye that if the manner of his decision may affect
the tenure of that office, the man himself will not be
affected by tha! consideration Z"
Such sentiments as these generally prevailed IN lne
convention of 1929. But there was some oinefen.t
of opinion as to going the length OF declaring ,d
"no modification or abolition oil any cou.. r
be construed to deprive any Judge Thereon u "lS VI
fce" Against gong SO lar as tnis' Mo' III III
sltion on the part of Philip P. Burbour, VINO
inst inst and reasonable independence-was what he
would never break in upon; and opposition by Mr..
Tazewell who was for having the Supreme Court oil
tho State constitutional court and the inferior courts
legislative, over which last the Legislature mlghI
have mower in like manner as Congress had Powe,,
ar he inferior courts of the Union. "lt is true
said MIR. Tazewell, "ttere must be an 'ndepenosm
Genarueut, but there is no need Of but one sueh de