The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-26
8itlmond 1ispatth.
THURSDAY .......JANUARf s6, 1852.
The Terms of the Judges.

We repeat that il il not for the Legisla-
ture To decide when the terms OF the
Judges begin or end: but for the courts
The Supreme Court Of Appeals OF 'lrgi-
MIA has solemnly decided That All Judges
elected in this State are elected ior iull
terms. This decision is binding upon tne
Legislature. TO resist It Is revolution.
The members OF the Legislature have Just
A. much right 10 reverse q decision OF tue
Court Of Appeals in a ease involving anil
lion OF dollars worth OF property as 10 re-
verse such a decision In a ease affecting
the humblest Judge Of the Commonwealth.
The whole powcroi the Executive Depart
ncni must see TO Il that the decisions OF
The courts are respected until they are
reversed according TO law. The City
Council of Richmond has Just as much
right TO reverse decision of the supreme
Court Of Appeals as has the Legislature OF
Virginia. These are elementary PROPOSE
tons Of constitutional law, and should be
accepted Ivy every good citizen Tor The
government Of his conduct. IL these doc
irincs are not respected, anarchy must
come.
Let Us illustrate: These teachings, ii they
hc true, apply NJ well TO the nation as to
the several states. Can Congress declare
that the Supreme Court OF the United
States Is in error I'm its decisions, and pro-
coed 10 reverse them by its own acts donein
contempt and defiance OF them: Can Con-
grcss legislatc The justices OF that court out
o. office because they have decided ques-
lions a. Congress did not desire them to be
decided? Can Congress resolve that that
august tribunal is mistaken, and must
"yield"2 Read what the Wig tells the
world a. TO IT, creed. OF the creed OF the
RcSdjusters OF Virginia. These gentlemen
claim the right TO elect judges TO serve out
uneXpircd terms. although the highest
court in Virginia has decided that all
Judges elected in Virginia are elected for
full terms. Instead OF obeying the deci-
sion of that tribunal the Reddiusters pro-
pose to treat it with contempt. Here is the
Wigs own language:
THE whole matter, however, is one Of
conflicting jurisdiction, and the courts must
YiCd. There l. no other alternative under
any form OF government. and least Of all is
there any under q representative govern
ment. The courts which persist i'm OBJ
>tructing legislation and in uSurplng legis-
lative function must be dealt with as the
nature OF the case demands. and 10
so deal with them oar Constitution
las infested the Legislature icih Dic-
nary pCicer. There can be no qUeS-
lion as TO that. Whether considered rs
q matter Of right or power. in every i'll
stance Of conflict between the legislative
and judicial departments the latter must
Weld. Such are the logic and necessity OF
the situation: and such is history. The
result. too, is not to be questioned when il
j. considered that the legislative department
practically creates the courts and defines
ihci.' jurisdiction. Ii is only with respect !
20 questions not involving any contest rs
20 The relative authority and jurisdiction Of |
the legislative and judicial departments |
that the latter is supreme. Ii is subordi- |
nate to the other at every other point under |
our Constitution and laws" [Our italics !
The courts must yield! Ii is a " con-
lict OF jurisdiction "a conflict Of iuris-
diction between the Legislature and the
courts and upon question purely judi
cial. From Maine TO Georgia. outside Of
Virginia, there cannot be found one lawyer
who will say that the Legislature has any,
even the least. voice in deciding whether
under States Constitution all judges are |
elected for full terms or not. And this is |
lust rs true concerning a law of the Legis- !
lature's own making that needed to be |
construed. Once law is passed, the |
right of the courts TO say whether
il is constitutional or not imme- |
diately arises. There is nothing that
the Legislature can do TO remedy its de-
fccts, except TO amend or repeal the law.
AZ long is il stands rs it was when it
passed, the courts have an indubitable
right to declare its meaning, and their de-
cision will bind every citizen OF the Com
monwealth. 60 a. TO the constitutional
provision under discussion. The ConSti-
tuition might be amended, and it might be
provided that judges should be elected TO
nh uncXp'red terms; hut as long as
the Constitution stands a. it Is, the
courts decision that all .judJeS elected
.n Virginia are elected for fm terms
j. the supreme law Of the commonwealth.
Governor CAMERON is bound by it.
The circuit judges are bound by it. The
county judges are bound by it. The jus
tees Of the peace are bound by it. The
Legislature il bound by it. Every citizen
is bound 10y it. a citizen who should in
his individual character set the Court Of
Appeals at defiance would be fined and inn
prisoned. The Legislature which should
DEFY that high tribunal and treat its deci-
sions with contempt would be a body of
revoutionists.