The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-09

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ne~aySs NsAs In ne Senate BY Mr.
yvsroek wAsn 10 IVES Proposed 70
meet : ysAgs csr Prince William
ceuntys
Mr.. President, question Is upon the
election NJ a successor to MI vacancy IN
the iudveshjp In Prince William county.
Safls6ed that no vacancy exists IN that
oGice. cannot vote. The fact is, that Judge
Wnrtios, was elected In 1878 constitutloraily
Tor aterm Of six years, as the Constitution
provides.
violation Of the express language 81 the
Prostitution OF this State in 1880 Judge
Howlson was elected as his successor.
In its proper form this question as to
Who was entitled to that Office came before
the Court Of Appeals and was decided that
there wss no such thing a. vacancy in
term uatler the Constitution OF this State,
nor under the Constitution OF any other
state In the Union; that II has been uni
yersally the decision OF every court in the
Enion' that there il no such thing as va-
cancy I'm the term OF judgcship. With
this understanding what the law was In
JeR7 the Constitution under which we live
today was formulated; II was never in
tended that the judiciary OF tins State or
nny other State in the Union should be sub
ordinated to the dictates Of Legislature
controlled by political passion and parti'
sanism.
80 call attention 10 the second article Of
the Constitution OF this State. The lar
xuage Is az follows: THE legislative, exc.
cutiyc, and judiciary departments skaii
a ~ ts,cf
exercise the powers properly belonging TO
either OF the others" What has never been
questioned before the meeting OF the pre-
vent Legislature or anywhere else in the
limited states, nor in England for over
seven hundred years, this Legislature.
claiming to be the Liberal party, assumed
the right to reverse the solemn decision OF
a coordinate and independent branch OF
this Government, whose authority upon
this question il as absolutely independent
OF the Legislature as the Legislature is OF
that court I'm the passage OF ordinary laws
under the Constitution.
The Legislature passes laws; the Court
of Appeals interprets them. Whether they
are constitutional or not. their decision Is
the binding law upon this Commonwealth.
He who denies this Is no lawyer; is not lit
10 be a law-maker Of this Commonwealth,
and Is the
ENEMY OF CIVIL LIBERTY.
This decision in the Weldon case is the
law Of this Commonwealth.
dare any man TO assert that the Legfs-
lature of this State has the right to reverse
that decision.
This dangerous. rash, unconstitutional,
and revolutionary act is simply inaugu-
rated for political purposes and against the
interest of the people we are here to repTc-
sent. No man who took the oath OF office
when he became member Of this body has
right now to violate that oath by crush
ing under his feet the Constitution and the
laws OF this State and an independentand
coordinate branch Of this government for
political purposes. /. for one, will not do it.
declare that there is no vacancy in the
judgeship in the county OF Prince VIII
liam. Therefore / will not vote for your
candidate. II l did, solemnly believe /
would violate my oath as member OF the
Senate. So would i have violated my oath
in voting for Judge Hinton, "the sue
cessor" Of Judge Burks. So would have
done in voting for any candidate who was
q nominee OF the caucus that refused to
recognize the decision OF the Court Of APP
peals as the law of this Commonwealth.
Therefore record my vote against every
candidate who is proposed to be elected to
al vacancy that the Court Of Appeals
has decided did not exist.
cali the attention Of thinking men TO
sections 8, II. and IS of Article vi. Of the
Constitution of this State. These sect ons
declare positively, without the slightest
equiy0cation or doubt, that the judges of
the county courts shall hold their terms for
six years, the circuit for eight years, and
the Court Of Appeals for twelve years.
This is precisely what the Constitution
of this State says. There is not one word
anywhere to be found in that Constitution
that contradicts the above clauses, except
that in case Of a vacancy occurring in the
recess OF Legislature the Governor has
the power to fill the vacancy Of judge
ship, and the Constitution expressly pro-
vides that the term OF that appointee shall
expire at the expiration of thirty days af-
ter the meeting Of the succeeding LeSisla-
ture.
This Is the only vacancy provided. under
this Constitution, in regard to iudgeship,
and then when the next Legislature meets
it elects q jndge to fill full term and not
vacancy.
Now, l demand, in the name of the peo-
pie Of this State, what authority have YOU,
the dust and for political purposes ignore
the express provision Of the Constitution
of this State and elect men to fill vacancies
that do not exist, and, by mere act OF
CAUCUS LEGISLATION,
turn men out Of Office who are entitled to
hold their Offices. under the Constitution.
The Constitution provides how judges
may he removed from their offices by Sec
ton % Of Article vi. This can only be
done for malfeasance in Office upon inn
parchment by the House, to be tried by the
Senate upon oath and twenty days sum-
mons upon the Judge.
The Senate will then sit as q Jury 10 try
his case. There is no other provision I'M
der the Constitution to deprive any Judge,
whether county, circuit, or Judge OF the
Court OF Appeals, OF his full term, under
the construction Of Article w. in the
23d section. dare any man in this body
10 point out any other law in this Consti-
tuition that will justify the action that is
now being taken by the Readjuster party.
The Richmond Wing, the organ OF the
Re4diuster party, charges the Court Of APP
peals with naladministration and audacious
usurpation in its decision In the Weldon
case.
Now, II the judges be guilty OF the crime
that this paper charges against them, let us
try and punish them in the manner that
the Constitution provides. But / tell the
editor OF this paper, and all who believe in
his doctrine and follow his teachings. that
there is not a man Of respectable intelli-
gence in this State who does not know that
this Legislature for partisan purposes has
wilfully assumed the place of that court
and reversed its decision without q shadow
OF authority under the Constitution and the
claw.