Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-01-24
The ptrs,nssr-rbo o5a;r thinks not.

words 'aod Ct tho Circuit Courts" SO al 70
conhne the election of Judges By tho G,ueral
Assembly to Judges OF the Supreme Court 81
Appeals.
MIR. KENT ofsr the following as a snbsti.
tut5 fer the whole section:
"Thc judges of the Supreme Curt Of Ap,
poals shall be elected by ,int 7otc OF the iSo
Houses Ct the General Assembly ; sad ,h"
Judges Ct tho Circuit Courts shall BIZ elected
By the Voters Of their respective circuits -
They shall hold their off ;es during coed ca
havior, or until they arrive at tho age Of 65
years, or until removed in the manner pre-.
scribad by the Constitution, and shall a: the
same time hold no other etfce, opp0!n;mca. or
public trust; and tho acc .p.ance rhareoF bv
e!thar Of them shall vacatc the judicial otic &c "
Mr.. SHErFEV.-Is it competent now to tP r
my amendment as q competing proposition ?
Tue PREsIpEST.-Tes, sir.
IL. SuEr71E.-IH therefore submit my pro.
p~osilicr, which reads:
The Judge of tee Court Of Appsals shall be
elected by L ] ;iat vo.e Of the two Houses of
the General ASSEMBLY, end shall hcld their
ofic;s Ter fifteen years, or until removed 10 the
manner prescribed in this Constitution the
Judges Of tho Circuit Courts shall be elected
bT tho people OF thei. respective circuits, and
shall hold their tM ers for twelve years, until
removed in tho manner provided; and said
judges OF tho Supreme and Circuit Courts
shall ut the same time hold 70 other cfa e,
appointment, or public ,Tust; aad tbs acxp.
tanco the-co! by cithsr Of them shal! 7acste
tn. flee"
Sir. SaE7.Er.-No nzn in this todT more
arden.ly desires Than | do, to haer al inde.
p~enden. Judiciary, snd 10 preserve Tho purity
Of the j~I1icial ermine. | do rot desire to see
established an irresponsible judiciary above
and beyond tho reach Of ;he people, ard en-
tifoiy Independent. Of the cantrol Of public
opinion. l desire that Independence which
will secure the judges agaius! inc control or
tho !AaInpce 0! outside pressure, and Il. ,hs
same tins, secure 20 tic people b jus. a:,pra.
clatIoa md respect | attn Tor That ind.pe:!-
denco which will enGuro public ~lustico and
gus!d agllh"t arbitrary ps"tr. An i~ricpe7.
dent Judiciary, in Ito sI.,aa proposed IL tie
amendment now under Consideration anil cd
Vocatcd by those who suggest n life tenure Ct
ofica, means judges f17 liz. or Ct least during
the allotted period Of the ago CT Iaau. That
means nothing more nor lcsg than The es!sb-
l~is.Ec.At OF 81 alb t"ary power upon tine
throne, 10 many instances, Of r. petty Tyranny,
upon lie brsnch under which, according b.
tho proposition in this amendment, the bar
and tna people shall Continue 20 eltItr icr =
long torn CT years, or unti! dcatG ahall come
and g:7e relief.
Mr.. President, there arc among he mem
bars OF this bGdg these who have seaa s7G
felt the weight Of Irresponsible p,:ger Of Il hog
tile jidSc. There il Ole, know. '1ho has BID
to CARY ior years. thst woiga: Ike al incubus
upon ilinac'f and his c~lientH, Haan he needed
rather Tho he;p;ng hard To bear hin up his
youthful s3Tirati"Hs ana struggle und share
are older men, misru1crs Of this body who have
seen and ls!I the eImc oppression, am IN
|.li'ng,$!r, ID *i.ncss re tIn The establishment,
beyond The rtccE sf,i cIntrol Of the peopla, Of
any P1"tr On eactn that Cln constitute ita.li
mo Gil iireaGjnSi".r ard uGcoalr6llG5io pow.
eT. ! hive LIVED TO Sej TIE H0ik:rg Of The
Constitution "a ii liz; AID | aGa constrained 10
9ay That II tic C:rc2;; u5lr.s, T.aiIr thn rIlge
# my experience md observation, there has
o.en S msrked in proTeplcns in tne kindness
and courtesy, aud urba1ity Ct tho bench, with.
On: any matariai deterioration u IT'S dignity
oc ability. But ! laus. say, and I take great
pleasure ii saying, that the Cqa~t Of Appeals
since IGy earliest acquaintance With il, which
IL hS' -" ~: th'heS11ouo: !lIS, aa5 tSSI
been kind, courteous. c~isn,Sai. ils!. ulright
end abe; Gnd yet, Sir, | would net C:nfle
irresponsible power e7ah 10 inst august boiy.
composed "a it is Of tic ab!a5.. tho eise:' Gr6
meg: faithful, and lEh Gos: l.b0rous tai;ials
in The State. you'd o. willing to g;rs them Z
longer term cfodice. hut / you'd require that
they should be appointed by tho Representa-
tivss Ct tie People; and that hey should come
Hall - - , ,-,i- - H. ~
personalities.
an willing thst lie Legislature eh.!l plect
the judges Of the court If apposis: on; / Aad
thst the perpie Of every circuit q tbs Safe
arc just as c,:Gpa;cnt, and more, in TACT. i!lsn
.ha Legislative body ri he State. 10 jl4Z. 81
he qualifications If msa iof judges e ne or.
cult courts. And yet, I would ext@ad the
term Of their Office from the present period to
tTelTo years; and, ihcn hsEe item return 70
tic appointing power to render an rco"uat Of
the manner in which they discharged their
duties. There is no Necessity fr tina. ger! or
Independence which requires that the jd-
dietary Of the State shall ba placed beyont
the c1ntro! Of public opinion.
Tho origin Of tho independence OF the jui;.
ciary in England vas 10 give independence 70
the Judiciary against the Crown, for tho pre-
tee ion Of tho po7plc. Thank G ID, 10 hare no
crown hcuds here; md tt: otjsS. is now 20
make tho Judges independent OF The people in
order to protect the people against themselves.
an willing to irus. the people. with the clcc-
lion Of thu judges OF the circuit courts, ald t.
trust tbs election OF me su2reno court Judges
TO TIE Legislature. Bu: am 70: wiling TO
give the lilo tenure of uGlcs to either. and to
ptrpotuate upon the bench. irresponsible power
for Tie cake Of 81 independent Judiciary.
81. S7uAkT.-I thick now Ge are coming
up s~quartly to G vote between tia question OF
6 dependent and IN independent judiciary. l
hope ths question will be inside ia that way
upon this proposition. The question Is,
whether wc are to have tho term tenure, OF
one during good Behavior. do not propose
to 60 iEto IN argu:nen. uPan tha question.
because ths limit proposed 81 tho C"n7ont!on
would precluda me from doing 81. But ! vii,
say in regard 10 tho election ef judges 81 tie
court Ct appeals, that I think ;hs tenure Of
good tsha7inr in 4 Republic IS Just as essential
~ It ii ii ! monarchy.
As tho gentleman remarked, the origin of
the tenr7r Ct goad behavior il Eogisnh was, in
the re7ilutioa OF 1853. %hen Ih2 principles Of
evil liberty xare firmly established. Prior
to thu. t;:ac, tho ':rn-e NEE during fhe pisa-
sura e Ire :;rosn; and the result vas, TIA:
Jad2es we're i'innt tools Of Executive p7Ter.
But vixen the old dynasty, Ehich claimed t.
rule hv divine right, wa oYertt7owp ; when |
tha prime pies Of civil liberty Teca c~orrac,!y |
unda.a'oa5, they ss2 thst tie nriv limitation !
uooa arbitrary power. was to b. found in an
ind~sp.rdcct Judiciary. Heres they chsnEed
Inc too ure f.cn ;hc pleasure OF Ito crown head
70 that # good bshaViar.
N'strie. va have 10 monarch isrr, hut Il |
ia ~: trus that 70 have not somatirnea 6 to |
rant here. We hav" I ty7ant CT many haala.
W. have n ;yrant IN tic form s9mctimts Of IN
Infatuated ~Pnrp'sce. i !s sometimes exhibit !
I'd n the m, "t E wholc people s%giia'cd hy
excitement and faaat'cisn. ard u-t'cr lie in