Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-07-12

i-
s Official degradation aud soc!ni o'SIt- a.. an. his
h medv EXCEPT in cases Of gross ana Ea'!Ha
.s otir1l proprety will never % app!.cc , ..,s.
MIA, then the remedy Aothins sho, ~ ~ The eo
mn. "a successfully in every other cepa'nel % Id n,
a",o,t-ctiicin responsibility 10 the people, ~, ]
nm al n;tcr public officers b. subjected 10 ne nj
influences Of public oPnion i.t ~ View Of those who
~ LIVER over him. lie. him understand hh' ne ~
;,nc, ,pends upon his official conGue' Lc 10 ~,
49,, no will forfeit his Office not merely as 4, & M
3d. cross isbeilavour, but whenever he si' ai IL
so a conduct M To that high standard which pHonc
r,l establish. In short, subject ana 10 ''c '''' -
seection. 49, . -, al, ~ ;o,c:! elections oil
- those evils which apFiohend % ~. ~. Wv
n believe that it will impair The lndei''' ~ n,
,;;,,v 50 far IL that independence Is III any sem
I'LL In The whole vocabulary Of poi,ics 'hei scc II lin.
ab;ch has tccn mach abused Is The yh,r,
i;,rv'' This phase had its origin in Lh&'.,
or.rr,cr TT and the people AZ: 10 great 80
~. 1,r,s II The community. There II was sulS "
s,,f and vital Importance 10 popular rights ', W. 1
1hou!d be independent in The decision ~ ,ar neoic
,bc Government thai appointed them an" ~ ID
5ho ad no control over them; and II was N 'e
su.,ions of io.er between the crown anu "i .,,vr,n
6a u controversies involving mere proper: ,,.
yo,s mat the dependence u The knsi'' Joe 10
- I'D as an oppressive mischief II WIS ons ~ ,,s.,
Enlts of the long struggle for power III i!ia' t1s J hrh
athc crown ani the people, that the tenure au.5 ris
e. 90. substituted the tenure during Pic"a" IN,
rm in The Tenure il may b. added CID NOT Z"
n ri chancellor VINO still nols al the peasn'. " ~ ,h
Ihr Independence vi the Judiciary, Is Gi"9's'o - C, ,h
tu,,ona history OF England, wds u coi'e'' ,n.,l,
rn m fine ucoplc and as there understood, >
achershed and consecraed in the popular a' ~
9bow can ans such application as that De snt " m
~ ,,ncrr ihe peoue are themselves IN elect 'hc 5'
sn,5 It must have here an application preclsey 'hc -
ayer,e Of what has in England. There me Jus go 81 49,,
9acndcnt Of The Ans-Gcre Their inu'peaes.. f"nr ~,
Snndrnce OF the people. There il is conceSslon 'o.'
nwn IA the peopc-hee il is concession rom we oi,
H. thos, in power There is Justly favored ~ ' m
ol popular rights-heFe is to be jea%aSy
2c,,se is an infringement popular authority. - 49,,
rie sense in which this parsc l. understood III t"a'
np obsolete here in what sense is the Independence
sthe judiciary desirable under oif institutions - III ami -
a,an that Judge should be independent 9e"ee a.
Am his court and permit exane"us influences u op
31oo; his mind in the decision Of causts-in sio mn ~ ~
3hou maintain his Official integrity and lmpaf' u
,nrr.food judicial Independence impara!it: W" " @
seoal!y proIio,ei rather Than deprecated ~ pe'i'II
Euusr elections. History furnishes us with inclo!D -
sstanccs in which public opinion, even wlieh
acciy and Il. distance, has been potent 10 m
sustain judicial independence and inte@rI.y INC
sin-noney is a striking illustration The Twelve Ju
5oi England when specially required u give an eA
pnion unanimously pronounced in favor D! lie KING pow
q sr to levy ship money When this sae question vas
publicly before the judges, ana OPEN! a'~'
adaul!.n case but out Of tic Twelve III wy
Indictment in oil the and the judges ~ iia' EN
scas. might have been equally divided had not S CROW"
moved refractory Judge and substituted IN hi7 ae
fnore corty views So in the great trial Oh Inc seven
If England: Although but short Tune previous cc'
ot the twelve Judges had pronounced in iaEor o M hs
Siispcnsn. power yet when this question was asai us9u
srd in the presence OF excited public but one OUT Oh m
E,ur ridges the Court Of Kings Bench venured ~ fes
er. ;hc former opinion And in that memorable cause ds
anen, rendered against the crown a'nongn I,sa oe
Sudres depending upon Tie pleasure OF the KING Tor every o
9ucnt OF tiieir official existence Even he scrHe Ih'e.
sIus,ice Wright in the language Of the Historian si'o"e
Ghn the in which lie STOOD OF the 6oSor!ieh1 WIS c
crc hy the awe with which the audience nuie:ous 50;
aDlan lid AMI excited he'd impressed HIM lhese
"a memorable instances Of Inc happy influence Of plocl
Aopnion in re-csla5ishing uplodlng judicial lncsv
4Why be afraid TO subject onr judiciary more openly ana
srecy 10 bsnoicia Influences In these We would n!
sufficient corrective against those ruiccs ana aFtld
which must sometimes exist IN temid oi me luoge TOWARD
ahc ,itos his court These things operae now hnc.che
Slnd necessarily in many cases impair Judlctl npafy
5nGependence But make The Judge responsible 10 the pup
Sc SCRUTINY and the OF consequences VIII keep mn m
1.-The straight path of duty IL will he precisely IN ose ca
SEES where eNraneous influences may Be suspected 10 "pr
rate thai he course OF the Judge wiil be cs' harrow
swaichcl Will he dare bend hia authority 10 favor is
nj the expense Of the stranger, the powerful n ir
scxpense Tic wax, when thu power 70 punish Is IN The
gnaa Of those who Interested 10 use ony where ~
ycrcise IL deser,ed2 OF all others lie people 81 each I'll
ac viii be most deeply interested in Maintaining Inc incg
gy uf their Judge. lille comparatively few o 'hcf
7 actually BIZ slturs yet every one VIII recognize IL n
VERY possible event. that in The course Of his transactions
3hc may be involved in litigation AMI brought INTO court
Hence each sill have an individual interest III susla
Eng IN upright Judge and in putting downd corrupt oh;
an Judge under such obtain popularity i
fcor ,,i or partia decisions! If Judge should attempt III
haps hi. decisions BIZ eeconecring calculations wiiE"uf
,vr ~ IN. nrriis OF causes le wog.d involve him
aell in incxrcable difficulties and lnconsstencies H"
in his calculations he woG'i soon End hir
detected ~ those who supervise bis work.
l. is sometimes argued that Judge may cary on w's
ill., nnly eysem III iayori'ism with vie" IN popularity
Enecase the questions upon witch hc wi nave 10 pass
and Intricate that he my cca s.ar way Wii
m being cXuosaJ tho charge ot wlG erroc. |; sGc
5ruly The mysterious AMI uuicined character u the adcta
nclon the uncontrolled viii Of the Judge is tle iaw oi In
land II it 7e that questions involving great doubt cone
sometimes before the But does not this argument
lcre overg.ach sel If the public cahnoi detect the par
aiay Of the decision how is il 10 be made known 10 ~
party whose the udgs is supposed IL DC seeking!
Judge surely cannot expect 10 WIN te affections y! a'o
fin his court By simply giving him Judgment To when t's
}aw entities him. This apneieDded e.ectionecrn9 pi:
S,isity Of The ldre must be known nue.. Tie pub
sc IS the parties unless indeed We ae 10 suppose t
1.-The lic viii whisper the story nj his own corruption s
1.-The secret ear ri The favored sL.te. II would indeed hs
j. strange mode Of eeconeering III this country ior Jd
2o 90 about seek influential supporters By making thcHs
ihc aandants Ct his hasencss Any ono wi' may al
5tcmt sch systc! "ll b. driven rom III" DeHth WIN aS
4 Dad IF oi:nn1 Upon Inn.
have 70 ears i-n OF evil results iioa what 10 caiieG
.,l tern tenure The happy nronees of III" ncrrse rc
s.ponsib:ty which il imposes he acknowledged b,
l-very By shortening the term too much We shonb
Rather relax tan increase this responsibility the hardship
}, taking lawyer from Lucrative practice Tor snort lehE
land then iisnlcng him from Office, would strongly apps
local 10 The synlthes vi voters that reelection might
come ID js regarded asa thing 81 course. would give HIN n
iem reasonable length and e him LOOK 10 s c-eiect9ns
las substantial test u. public approval or dISappr1ra
have considered this subject thus Al length because II III
which much attention in the canvass in you
ssci, and one which is SECOND IN importance 10 no su'c
flhat will engage the deliberations III the convention.
Such are my upon the Lending SUBJECTS that occupy
1.-The public mind Should il be your pleasure Ia elevate ies
10 this Office can only pledge zeal aud fidelity IN The d.
3charge its dues IT, however you make better scec
sion from the other gentlemen before you shall rhcerln
Submit tho voice al the MINORITY. JAS. BARBOUR.
FoF THE ENQuiRfk.
ToMe Ci-ens Of he Counties Of Orange, Greene Hsi
AMI CGipeper.
Fellow ClrzESs candidate Ia represent you ING
lhc coming Contention If Virginia and is duty 10 m
solri and your right demand The leading principles that
desire cnraftcd in the Cunsiituca The 81
mode accomplishing the ends propoac, The lcngn'e
Ito lie used in cliecns object must depend upon the:
;ircins, ny which am surrounded sha! not quar-
srel ii elected with associates rc noGiS Cs:ea9
IF reaching end 70 the words or grammatical Ian
scuaso in WHICH my principles mag be expressed.
ISL AM in favor Gf The extension 81 the right Of suffrage
every free white male citizen OF ,hc aye cl Il years anj
who has been resident Of the county for sX " wcIsoi
months previous 10 The election giving him one vote III
leach officer
3D. an IN favor Of clccng ali the officers by the pcop