Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-07-24

partmentn "Prsserve,n hs added, ayous Supreme
Courls Independent, and you get all yon nsed.n-
lsYou will have ono Supreme Court with iss judges
holdingi their Offices during good behaviour, be.
yond the control of the Legislature, just a. the
Jugdes ofheSupreme Court of the United States arc
Sbeyond the reach Of Congressional power, while the
inferior courts, like those of the Union, will be sub
ect to legislative control, and may be modified or q
bolished at will.
This discussion ended on the adoption of the con-
stitutonal provision that no law aboishing any court
shall be construed to deprive Judge of his Office,
unless tuoihrds of The members of each Honse pres
em concur in the passing thereof; but the LegisIs-
ure may assign other judicial duties to the Judges
of courts abolished by any law enacted by less than
two-thirds of the members of each House present."
In the course of The discussions Mr.. Marshall, re-
plying to Mr.. Tazewe said, @Will the gentleman
recolec that in order to secure the administration of
justice, Judges of capacity and of legal knowedks
are ndispensible1 And how is he then to get them
How resuch men 10 be drawn off from q lucrative
practice? Will any gentlemen OF the profession,
whose practice will secure him a comfortable nde-
pendence, leave that practice and take Office which
may be taken from him the next day9 You may
invite them, but they will not come. You may e.
ect them, but they will not accept the appointment.
men, unless by the certainly ofpermanence connect
ed with them. But fthey can be removed atpleas-
ure will any lawyer of distinction come upon your
bench ; No sir. have always. .thoughtfrom my sss-
liest youth till now that the greatest scourge an
cry heaven ever inflicted upon an ungraseful and
SHINING people was an ignorant, corrupt or o. de-
pendent Judiciary. Will you draw down this curse
upon Virginiaf
Gen. BroadnaX, in the course Of his remarks, paid
noble tribute 10 Mr.. Marshall. "In this State a
least" said Gen. Broadnax, we have all read lesson
this subject which, on my mind, has let an indel-
ibe impression-it has been Iost apprShsad on
none." awe have seen an individual prosecuted,
with all the weight of the United States government
the entire influence Of the State Of Nrgtnia-snd
last not least the spirit Of dominant party excited
by recent conflict and flushed with recent victory
a party constituting majority which looked down
all opposition, all exerted in combination to crush
the accused-not one found 10 sustain him--and
when the individual who would have presumed 70
say word against his conviction, would have been
politically denounced, perhaps torn TO pieces by
mob The judge, whose frmness Of purpose and
integrity of motive would not permit him 70 mould
or fabrcae laws 10 compass the conviction Of the
accused (morally guilty, as no doubt he was,) he,
sir, we all recoect was, at the moment, universally
execrated and his decisions aseribed TO corrupt
tives and Evoritism 10 the accused What nov, Sir,
is the opinion Of ell tho ablest Justs and bess men
in this Union, who, eincc the storm has subsidsd,
have examined the report Of this celebrated triali
Is il not, without an exception, that the Judge who
then presided, adjudcsed every legal question which
came before him, with felictous accuracy, almesl
without parallel in Judicial historyi And how, sir,
could Judge, however physically 6rm snd morally
correct but dependent on the daily will Of the gov
hava rid oit a,,cha afoV II y
Sir, regard this trial as Of the brightest spots
in the history Of the Liberties OF man This is the
kind Of Judges we waRt. One who dases iRtefpose
the shield Of the laws between an ipiusatsd govern
ment and the humbIest individual.n
The declaration Of rights made in l776, hes re-
mansd unaltered from shat day to this the Coavsn.
ton Of 1922 resolved thati reqsired no amendmsnis
and hay'nt yet seen that any Of oar reforusss pro-
pose directly 70 alter It. But they do propose %
make, IL 1850, . aew Constitution which shall dis-
regard the distinction made BY The bin Of rights ~
tween Ae tenure Of the Judges and thsi Of he nsa
bers Of the other departments Of the goyernmsns.--
They propose 10 disregard ihs tenure although The
Convention Of '76 BY Gsaninous vote, adopted nos
only the bill Of rights but the Constitution which
gave effect 10 the principle. They propose 10 dsrs.
gard it. Notwithstanding the strong eoncurrng opin-
ions Of the wise men in the Convention Of 1880, 10
favor of the same principle.
Those opinions have made deep impression on
me. That they have less of wisdom than the crudo
which one now days so often sees and
hears, | cannot, all at once, believe. | sometimes
see i. pretty plainly irlimated in some of the village
papers, that those who oppose such propositions a.
have just referred to, Octogenarians or Office
holders. | take leave to say that am yet bound to
perform militia duty Qhough Iexpect to be relieved
from This duty when the Convention sits) hold
no office under the Government either Of the State
of Virginia or of the United States am, what my
signature imports, ONE OF THE PEOPLE.