Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-06-07

1900 -N
systsma duty which could not perform myself and Of
course the last thing desire is have him do what would
do i'll were myself present II complaint be made Of bis
failure the mater must be investigated cannot forthwith
consent to dismiss him because this boy that tells he
does not perform his duty The pupils must be examined BY
competen persons 10 determine their progress and tho
rough only will enable me to decide upon bis
merits or his qualifications do that which cannot do my
se he were TO ask for instructions could not give
them should say to him You have been employed for
this duty precisely because were to know how
4 coud best be done Now this s the relation in which
the Judge stands to the people The Judge supposed to
knop the law the people known not to know it, He is
to exercise his Judgment not tkersto express bis opinions
not theirs Political officers are usually elected for very
short term and in reference to PARTICULAR distinct well un-
dersooa questions. They have certain line Of duty, and
eyey body understands what Il Is But Is not so In the
case Of Judge his position is perfectly che reverse IN all
these particulars Above ALL differs in enc other most inn
portant respect In political officer you look for poiti-
clan YOU expect him act for those who elected him, and
he never were politician before, he will surely become
such by serving awhile the representative of the people
Jus. the reverse is |. with the Judge He must not act the
politicians he must not know party from another in the
discharge Of his duties and he had been ardent
politician before he Is sure to cease be such in very short
time after he is placed upon the bench.
aThe objection that the Governor has usually selected poll
tcans for the bench is entitled little weight Let main
tain as have already intmated, the right sort Of tenure,
and the objection fall. to the ground Experience proves
this. We have been proud Of such Marshall and
Saw -. nro,d of r-.sAnt ciiOf Sussie~ Tunuy
These men will be regarded by all distinguished not only
for profound legal learning, and for all the varied accomplish
ents and requirements professional and intellectual which
would ente them the first rank amongst usts but for
unblemshed integrity, for unpoed purity, for every thing
which into the composition and character Of judge
Yet sir these men, Who earlier period Of life had
been the political arena had mingled in the strfes and
collisions of party differences appointed by those who
the head of the political party which they professed
allegiance Are they less useful the country that
count Do their decisions evince infection Of Political
prejudice or Partially No, sir And to Judge, who is
placed upon the bench during good BEHAVIOR you will
look in vain for the evidence of such Infection Why should
he yield himself instrument Of wrong and Injustice and
soil bis conscience with foul stain He gains nothing by
doing-csn gain nothing. He will scarcely commit wrong
for the sake Of wrong so vile thus he will
be wicked enough bring himself within the penalties Of
parchment, and be dismissed and disgraced"
We must conclude our extracts, as Judge CHAM
BERs does his speech, by quotation from the De-
bates in the Virginia Convention Of 1929, call
ed to amend the State Constitution. The language
Of this quotation commends itself to the grave at
ention Of every reader, as well by its solemn ear
nesness and force by the unexcelled authority oil
the venerable speaker, Chief Justice MARSHALL:
"tThe argument of the gentleman, he said, goes to
prove net only that there such thing judicial indie
pendence but that there ought to be such thing that
lis unwise and improvdent to make the Of the judges
Office continue during good behavior. have grown old
in the opinion that there nothing dear to Virginia
ought to be dear her statesmen and that the best
interests Of our country secured BY H. Advert sir, ia
the duties of judge He has pass between the Govern
ment and the whom that Government prosecuting
between the most powerful individual in the community
sthe poorest and unpopular Its Of the last importance
shat in the performance of these duties he should observe
lhe utmost fairness. Need press the necessity of this
Does not every feel that his personal security
the security Of bis property depends upon that fairness The
judicial department home in its effects to every mans
Preside passes bis property, his reputation his life
his ALL not to the last degree important that he should
be rendered perfectly and completely independent with moth
ing control him but God aad his conscience" Il &C
knowledge that in my judgment the whole good which may
grow Of this Convention be it what il may will never
Compensate for the evil Of changing the Judicial
office have always thought from my earliest youth till
now, that the greatest scouge angry Heaucn
ieled upon ungraef ul and SHINING people, ,Dos an
ignorant, corrupt, dependant Judiciary"
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