The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-10

take action The Hon. Wood Bouldin was
elected n Judge OF this court to supply Il
vacancy occasioned by The death OF Judge
Joyues. This was nearly q year before the
massage Of the Joint resolution. What was
| his term Of Office at the time OF his cleo
tjony WAS n uncertain? Had the Con-
stitution made no provision for the term OF
IT, highest judicial offices In eases con-
stantly recurriugS Such an idea Is at war
with fhe whole spirit OF that instrument.
No one can read It without an absolute
conviction thatAhc term OF every constitu-
tionaI Office is plainly prescribed therein.
JUDGE BorLDIs
was entitled, as soon as elected, to hold for
the term Of twelve years, or merely Tor the
residue OF Judge Joynes's unexplred term.
II was one or the other. Which was 1t 4!
The Constitution says the judges OF the
Court Of Appeals shall hold for the term OF
twelve years. There Is no other term pre-
scribed.
NV opinion, therefore, Is that when va
cancy occurs in the Office OF Judge by rea-
son Of death, resignation, or removal, the
incumbent elected to fill that vacancy holds
for the full term, as declared in the Consti-
tuition. This has been the policy OF the
| state from the beginning.
| Under the Constitutions OF 1929 and 1I76
the judges were elected for life OF the ap-
pointee, whether the vacancy was occa-
stoned by the resignation, removal, or death
Of the previous incumbent. And when, UNI
der the Constitution Of 1851, the term for
years was substituted for the life tenure, the
distinguished men who framed that instru
ment were careful to provide, out OF abun-
dant caution, that in every case the election
OF judges should be for the full term pre-
scribed i'm the Constitution. A rule thus
adopted, policy thus adhered to. through
all the changes Of the Government, should
not be abandoned upon light and fanciful
grounds. We ought to be able to find in
the Constitution evidence OF such aban-
donment expressed in plain and unmis-
taxable language. The reason which no
doubt influenced the various conventions
in recurring the elections of judges to be
| for the full term are numerous and obvious.
This is no time or the occasion for their
discussion. Some Of them may be briefly
mentioned. i pass by the fact that the
election deyolying upon different legisla-
lures is calculated to prevent those comb-
nations sometimes so hlrtful to the public
interests. / pass by the fact that when
|
sometimes for very small part, men OF
large attainments and lucrative practice
will be reluctant to give up their business
engagements and prospects to accept an
Office held by a tenure so brief and preca-
rious.
There j. no doubt, however, the main
purpose OF the trainers OF the several con-
situations was to secure the
COMPLETE INDEPENDENCE OF THE JUDICIARY.
| This Is the cardinal principle OF constitu-
| tional government. IL Is recognized ana
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-
partments 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 TO expound the CON-
stitution and laws, to settle controversies,
to punish crime, to enforce tls safeguards
thrown around persons and property, and,
if need be, to protect private rights against
the exactiOns Of arbitrary government. IL
| is therefore wisely provided that the COM
pensation Of the incrimbents shall not he
| diminished during their terms OF office, ana
those terms are fixed by the Constitution
only 10 be changed by the people themselves
in the exercise OF the highest sovereign
powers. Men do not change their natures
when they become judges. They are none
the less prone to be swayed by the sugges-
lions of self-interest, the promptings OF
ambition, and timid apprehensions OF loss
! .,,I nt,a al
when the incumbent understands that
his tenure of Office is brief, and that he has
again to undergo the ordeal OF an election.
there Is always more or less danger that he
may unconsciously to himself conform his
action TO
TUE DOMINANT POWER n THE STATE,
or shape his conduct with view to hil re-
election.
Considerations OF this sort, as well as
others which might be mentioned. led, no
doubt, to the adoption OF those cOnstitli-
t;onal provisions, here and elsewhere, I'M
der which the Judicial tenure Of Office is
the same, whether the vacancy be occa-
stoned by death, removal. or resignation,
or by the regular expiration OF the cOnsti-
tutional term. But whatever may have
been the motives OF the trainers OF the Con-
IL,
haps but little to do. the language OF the
instrument is plain, and in my judgment
admits Of but one Interpretation. III there
existed reasonable doubt oh the subject,
that doubt would OF course be solved in fa-
vor OF the action OF the General Assembly,
TO whose opinions, at all times, this Court
owes the highest respect and consideration.
But where, as in the present case, the pro-
,,;-. - Io ION, fran
all doubt or difficulty, we are not permitted
ont OF mere Difference TO another depart
ment OF the Government to give to these
provisions an Interpretation ut variance
with their plain import and meaning. Other
views might be presented in support OF the
grounds already taken, but they would
only swell this opinion to an unreasonable
length. II those already presented fail TO
convince. further discussion would only be
a useless consumption OF time and labor.
Ny opinion, therefore, is that the Hon.
John C.. Weldon was elected and Is ent-
tied TO hold his Office OF Judge OF the County
Court OF Prince William for the full term
OF six years.
Christian and Anderson, is, concurred
in the opinion OF Staples, j.
Moncure, p, dissented.
Judgment in favor OF Meredith, and
against Harrison.
This opinion has been thrice affirmed
in the case Of Estes as. Edmundson: in |
that of McCraw rs. Williams, and in the |
Bland and Giles county judge case; all of
which are reported in XXXIII. Grattan,
Judge Christian delivering the opinions in !
all three, and all the members OF the court
concurring except Judge Moncure, who
was absent sick.