The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-01-20
The Court Of Appeals Threatened.

The Court Of Appeals Threatened.
Aswe expected, the Court Of Appeals Is now
threatened. The Richmond Whag, has for
some time inveighed against the opinion Of
that court upon the funding act, and spoken
of &c in language calculated TO diminish pub
lie respect for that tribunal. AT last 1t
threatens the court with reformation under
the following article Of the Constitution:
asacr,os %. Judges may be removed
from Office By concurrent vote OF both
Houses Of the General Assembly, put ma
iority OF all the members elected to each
Hnuse must concur in such vote, and the
ra,,se of removal shalt be entered on the
journal of each House. The Judge against
whom the General Assembly may be about
10 proceed shall have notice thereof, accom-
,anied by copy Of the causes alleged for
bis removal, at least twenty days before the
dav on which either House of the General
Assembly shall act thereon"
"This"-triumphantly exclaims the Wing
"This makes this omnipoteut court OF
(which we are all the servants mere ten
"ants Mt the will Of the Legislature" An!
we shall see. Let the Legislature dare 10
disregard all the understood restraints that go
along with this clause, and we shall see such
storm in this State as has never before been
witnessed. The judges can only be turned
ont "for cause" and the man who does not
understand what that Is is certainly not Ut
TO be legislator. No. nor to fill tile num-
blest post in the Government. A Judge can
not constitutionally DO turned out without.
cause, and who dare say that his honest judg-
ment upon law of the Legislature is such
"cause: ?" Shall the Court Of Appeals be
reformed for concurring with one Leg1sla-
ture and differing from another in the same
judgment? 1t is Obliged to agree with one
and differ from another where two are in OPP
position with regard to law submitted to
the Judgment of the court. Is this cause
for turning out the judges? Must the opin.
ion of the court be always made to concur
with that of the Legislature? to change
with every fuctuation In the opinions OF
that bodyp That would degrade it TO utter
contempt and uselessBess. Even the sue
cessive newspaper organs Of the changing
Legislatures would be quite able to dngoon
such O court and browbeat It into submits
sion to its clamors.
This clause in the Constitution undoubt-
eddy gives the power to the Legislature to
reform the court; but every intelligent per-
son understands its meaning very well. The
foolish Radical Convention copied 1t from
some constitution in which the power to
dominate judges was retained by the EXecu-
tive. But the foolish Radicals took that
power from the Executive Of Virginia, and
thus gave the whole power of appointment
and removal of the Judges to the Legislature
1t was u great error, as it gave to one branch
OF the Government power which, unscrupu-
lousy exercised. might destroy the indepen-
dence of coordinate branch, which would
be the very destruction of republican gov
ernment and liberty itself. This is legacy
Of rabd and ignorant radicalism left to lis.
But while the Judiciary department might
thus be deprived Of its independence by a
corrupt and ruthless Legislature, no Legis-
lature rightly constituting the Constitution
would interfere with that court or any of its
members except "for cause "a good cause,
lawful cause-such as incompetency or
corruption.
The threat against this court has in con-
temptation merely the change Of its opinion
by turning out enough to reform 1.-two or
oil of them if the reformers deem proper.
The court have sustained the act Of the Legis-
lature in the exercise of their honest judy
ment; and had they not SO sustained it,
thinking as they did, they would have been
ftith!ess officers and unworthy of their po-
sitiop.
1t is fresh in the minds Of all how Con-
gress interfered with the Supreme Court of
the United States by first taking away its
jurisdiction in certain casss, aid next chang
ing its Judgment as TO others by adding two
members to its number. This was indig
nantly denounced by Conservatives and thu
Conservative press over the whole Unien
by none, we believe, with more heartines
thun the Wing. Yet that paper threatens tn,
Virginia Court Of Appeals with reformation
by a step excelling for boldness the acts o
Congress affecting the United States SupreIn
Court.
Well, if it is to be tried whether the mem
bors of the Court of Appeals are to bt
turned out for conscientiously dschargine
their duty and for mountaineering with the
views of the Legislature, then it is all the
better that 1t be tried at once. We hope the
threat will be put into execution. Come on
gentlemen! II the State sustans you, We
should all know it; and il the State does
motif the State means to sustain the Gov.
eminent and to keep Its departments indie
pendeHt-you should know it.
Sad is the change in Virginia when any
body has the hardihood to utter such a
threat.