Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-11-22

postponed time upon which defendant cooy
placed his pistols 10 his pocket. and took his seat
n aeeeas na si e sro
uf the rldn;a On THIS iccuaau..c has p.tn arrested
Comment upon the above regard as unnecessary. Like
Judge Brakes tfethen in New Jersey and the ..An Rem
Judges in New York, it is significant enough
We M" wish to be understood asserting that the
people would occasionally elect good Judges If the tenure
altered. The first elections before the peudces Of tie
people excteu would, doubt IN instances re
suit in the election Of excellent men, but the danger would
arise from the subsequent clcctuHs and the judges bcco-
ing candidates for reelection would DC the case in
almost every instance Almost any tenure wond give us
uH, intervals good udgebu thu object OF the trainers
The Constitution would be judicial which will on
~ good Judges but ciiectualy prevent the election
Of such the interesting Judge Henderson, OF the mod
81 reform State of Michigan The main object of Con
s,uon is guard against the possibility Of injustice cor
upton undue usupaons OF power upon the part OF TIT
officers Of the government Hence the great superiority
constitutional government for the protection Of the peo
pie in defining and limiting the authority OF all Legislative
Executive and Judicial Officers. That Of office is IN,
best which impdriiay justice and certainty in t
administration OF justice These inesfinabc blessings we
know have been years secured to the people BY the Judi
cal of good behavior. These blessings never
in Engnd where the experiment., fully tried secured e.
the people by dependent judiciary similar 10 that which
tenure ior years would introduce into this State.
The people Of Russia, with an independent and humane
Auiocra the throne, may enjoy temporary liberty
than The people Of M confrybnt they have no constitu-
tiona ecuryno baTier erected for their defence and pro-
tectionand thus instead Of being eemcn with tho char
tered rights, they abec, slaves dependent upon The will
carriccs of their We therefore, wish in The next
Constitution secure the Judicial tenure oice certain
invaaoe justice mpurtlaty learning, honesty and indie
peadence in ldges Have in this State since The
constitution OF 7G enjoyed these things under tin
which is sought desroyl The reported decisions
of the Court Of Appeals from Washington to Ga,tan prove
that the Judges OF of last resort have been iavaa
bly, governed BY the precedns which constitute The great bo
dy Of The law unless where il has been necessary
conform their decisions the statutory amendments and pro-
visions Of the Legislature We aware in the whole
history Of the judiciary Of Thu State Of there having been
SOLITARY instance Injustice partially Intentional peryer
sion Of the a" upon The of the Conr, OF Appeals The
decisions and reports hs State treated with respect In
every State OF the Union and Virginia las produced macy
Of tie mas, distinguished judges Of The l9;h century II
the fortune OF the writer attend the last lectures deli
yerei BY fs lamrn;ed Sroy-and shall remember
the feelings Of pride with which heard that great lurist
bcslow brilliant compliment upon hr Virginia Judges and
the Reporters Of our Court OF Appeals.
il has been cortended with some degree OF plausibty
that in republic the people should hold their ploc officers
10 frequent and u strict accountability anc there Is no valid
why the members Of the Judiciary should no, be sub
Jec 10 The same control US the members OF the Legislature
and the Executive.
The truth Of the first part Of the proposition Is axioma
ticbut the last is So because i, coniounds tho Exec
tive and Legislative with the Judicial department Of the CO.
yerr"nt when their responsibilities powers and duties
entirely tl.,erea.
The important Of ie three as far The adminstra
ton OF justice is concerned is politically the 5o-: oeress
In the Governor the Executive Council the Senate and
H. House Of Delegates The powers of the government is
vested They ere intended the repositories OF power
They exercise Tie appointing .Dwe make lava, Impose
taar collect eyenue and exercise ohcT pGwer3 which
every where felt by the people Hence II s necessary that
thrs departments holding every particle Of the popular
powcr-bGns, indeed the rulers o ibe people should DE
held 10 strict accountability ~ frequent popular elections
Ciurd with such poYers, their nisiasr and tsdssds
should be punished, and their conduct ygiidEuy watch
Cd BY the people. In their action and duties. they
mol chained down By presidents, tho atgcs,hey
hold charter almost as imaba the wind. Hence
permanent Legislature would become astocracy,
u5jec0rgbr and hateful than that Of Venice; and Cover
lur e would W y; tact Monarch; for they the
highest powers; and where Goia ~ h;ohfr pa"er 10
control them, unless constituted the people t.4! To
trv and condemn them, il guilty OF misconduct Ii 10
ihposa a-.,ants upon those powerful departments that
futcea n.H.n Constitutions and Republican
forms Of government 1hose cergf,lc?.c Of government
have always unless carefully watched ard hfu aircy &C.
cunntublc the people assumed improper powers. The
best rain, have been found 10 b. short periods OF Office
many ayes teaches that dangers which c"e most to
fer TO be found in the Executive and Legislative de-
par:G:cnis Of lie government
Eai ], nqtorio4s a lie r1iciary has not particle
Of po,i;ica power untor the Con U;ion i e:girGi
ming anl - powers dispense parrona: cent, 10
Gerry; and in many States isy either elected by the
people appoi ed By the Governor. IT has VOICE in
the expenditure OF the OF the S!lic-it imposes no
ayesakes no laws and the cagre salaries o. the judges
aie .ei By tho legislature il is utterly impossible for the
judiciary III exercise Gcrcp political influence. Public
selfre all unite 10 the judges fro. in.:ing
with The dirty tactics oI party IND c Gebefations OF the
calrus. Their authority Is great and hp"ftan hui
i aLfge'h"r Conservative poweT-coHsetvnve ot Tie
tie aw os'y lis wdaion % ,rrac? 80 Judiciary stands
before the people and oppression und :aG:'Ice ; every
sares. but this law be- used orn-S.!y heGinSt
.hr !,or,e. \.