The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-04-02

.-..~s-s~.s.-.~ss---.n-~ ----s.s<-s
elected fudge of this court 10 supply Q
vacancy occasioDed by the death Of Judge
Soynes. This was nearly year before the
passage OF the joint resolution, What was
bis term OF cfsice at the time Of his election !
Was 10 uncertain? Had the Constitution
made no provision for the term of its high
est judicial Offices 10 eases constantly re-
curing. Such an idea Is at war with the
whole spirit Of that instrument, no one can
read it without an absolute conviction that
the term OF every constitutional office y
plainly prescribed therein.
| JUDGE aoULDIN
was entitled, so soon as elected, 10 bold for
the term Of twelve years, or merely for'the
residue OF Judge Joynes's uuexpired fern.
1t was one or the other. Which was ita
The Constitution says the judges OF the
Court Of Appeals shalt hold for the term Of
twelve years. There IL no other term pre-.
scribed.
NV opioien, therefore, Is that when va.
cancy occurs in the Office Of Judge by rea-
son Of death, resignation, or removal, the
incumbent elected to 6lI that vacancy holds
for the fun term, as declared in the Consti-
tuition. This has been the policy of the
State from the beginning.
Under the Constitutions OF 1929 and 1776
the judges were elected for life OF the ap-
pointee, whether the vacancy was occasioned
by the resignation, removal. or death OF the
previous incumbent. And when, under the
Constitution OF 1851, the term for years was
substituted for the life tenure, the distin-
gushed men who framed that instrument
were careful TO provide, out Of abundant
caution, that iD every case the election of
oh ha % Io f,llt ,oH
in the Constitution. 4 rule thus adopted,
a policy thus adhered 10, through all the
changes OF the Government, should not be
abandoned upon light and fauciful grounds.
We ought to be able to find in the
Constitution evidence OF such abandon
ment expressed in plain and unms-
taxable language. The reason which no
doubt Influenced the various conventions
in requiring the elections Of judges to be
for the full term ale numerous and obvious.
This is no time or the occasion for their
discussion. Some OF them may be briefly
mentioned. pass by the fact that the eec-
ton devolving upon different legislatures is
calculated to prevent those combinations
sometimes so hurtful to the public inter-
ests. | pass by the fact that when the elec-
ton is for part Of term only, and some
times for a very small part, men OF large
attainments and lucrative practice will be
reluctant to give up their business engage
meats and prospects to accept an Office held
by tenure so brief and precarious.
There Is no doubt, however, the main
, purpose OF the trainers OF the several con-
s,ituti0ns was 10 secure the
COMPLETE INDEPENDENCE OF THE JUDICIARY.
This is the cardinal principle of constltu-
tiOnal government. 10 is recognized and
enforced in the Federal Constitution and in
the constitutions Of nearly all the States.
The paramount object is to make the judges
, secure from interruption in any quarter; TO
/ protect them against the action OF other de-
parments OF the government, and even
! against the people themselves in times Of
) great political and party excitement.
This is not done from any special regard
for the judiciary department, but because
! its peculiar function is 10 eXpound the Con-
stiution and laws, 10 settle controversies,
/ to punish crime, to enforce the safeguards
1 thrown around persons and property, ana,
4 need be, TO protect private rights against
I the exactons Of arbitrary government. II
2 is therefore wisely provided that the CON-
! pensation OF the incumbents shall not
: be diminished during their terms OF Office,
. and those terms are fixed by the Const!'
5 tuition only to be changed by the people
b themselves in the exercise OF the highest
:. sovereign powers. Men do not change
their natures when they become i"a-s'
t They arv .sno the less prone to be swayet
Q bv the suggestions OF svif-intorsst, th'
nromptings OF ambition, and timid appre
Z tensions OF loss OF power and official posi-
n ton.
4 When the incumbent understands tha
4 his tenure OF office is brief, and that he ha
9 again to undergo the ordeal OF on election
E there is always more or less danger that b
= NAV unconsciously to himself conform hl
|. action to
:, THE DOMINANT POWER N THE STATE,
J. or shape his conduct with view to his rt
/ election.
?, Considerations OF this sort, as well q
e others which might be mentioned, led, n
doubt, to the adoption Of those constitt
tiona provisions, here and elsewhere, IN
e der which the judicial tenure Of Office
Is the same, whether the vacancy be occ;
# stoned by death, removal, or resignation
% or by the regular expiration OF the c0nst
+. tutional term. But whatever may hay
!. been the motives OF the trainers OF the Cor
G stitution, with which the courts have pc
= haps but little to do, the language OF II
le instrument is plain, and in my judgmeI
:. admits OF but one Interpretation. II thel
existed reasonable doubt on the subjec
n that doubt would OF course be solved in II
+. yor of the action Of the General Assembly
i to whose opinions, at all times, this Coul
al owes the highest respect and consider afloi
But where, as in the present case, the prt
no visions OF the Constitution are free frol
re ali doubt or difficulty, we are not permtte
do ont OF mere Difference to another depar
o. ment OF the government to give to the'
20 proyisions an Interpretation at yaranc
n. with their plain import and meaning. Otht
10. views might be presented IN support Oh u
'r Grounds already taken, but they wouI
~ only swell this opinion to an unreasonab
he length. II those already presented fni !
m. convince, further discussion would only
- \ useless consumption OF time and labo
is NV oDinion, therefore, is that The Ho'
ri. John c. Weldon was elected ana l. e.
~. titled TO hold his Office OF Judge OF u
Jr County Court Of Prince william Tor the IL
nrt term OF SIX years. 80,
nd Jndee Moncure dssented in an oral opl
Ice ior. judge Burks did not sit.
70 Miss TnuRsBY's CONCERT T0-MoRRo
Tho NIGHT.-Mss Emma Thurs6y VIII give o.
od OF her grand concerts at Mozart lial',
..r.hk