The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-25
c,n ,..s M q valid net IN do by indirection

can pass no "valid act to do by inuirco''o"
that which may not be done directly
In People er rel. Ballou Us. Dubois, 20
H., SAT, the same question came beiore
the Court 81 Appeals OF that State. Inere
II was held that although the CONSTITUTION
expressly authorized the erection OF new
judicial districts, yet no district couid pe
created by which commissioned luuge
could be deprived OF right 10 exercise
the duties OF his Office for the term ior
which he was commissioncd-that the Lee
gisature could not expel him from MS oi-
fee by creating a new district, taking away
the territory which constituted his district.
To the same effect Is the case OF The state
rs. Messmore, IA Wis.,, 1863. :.
Now, what have been the decisions OF
our own Court OF Appeals In such cases
By reference TO the Commonwealth Us.
Cloptop, o Leigh, 100, II will be seen that q
Judge who had been elected for and as.
signed TO the Seventh judicial circuit had
an additional salary allowed him by reason
OF the greet mass Of business In one OF the
courts OF his circuit. That court was alter
wards severed from the SereRh circuit and
formed into a Ye,o circuit, and new Judge
amounted for the same. The court held
that even II the act establishing the new
circuit had intended TO take away the adj
ditional salary, and had so enacted, such en-
actment would have been unconstitutional.
Brockenbrough, j., in delivering the
opinion OF the court, after referring TO the
5fb article, section 1st, OF the then Consi-
tuition OF Virginia authorizing the Legisla-
ture TO reform, alter, OF even abolish the
superior courts whenever the good OF the
country might require, says: "But lest
this remodelling or abolition OF those courts
should be effected for the unworthy pur-
pose of removing obnoxious judges, ana
that il might not impair the independence
of the judiciary, restriction was imposed
on the Legislature. The independ-
ence of the judiciary IL also secured by the
provision that judges shall hold their
offices during good behavior" I'm the
present Constitution for eight years.
"They cannot he removed, unless by i'm
parchment and a regular trial, =
or bv concurrent vote Of both houses OF
the General Assembly, in which two thirds
OF the members present must concur
And their Independence is yet further Sc
cured by the clause which declares that
thew shall have fired and adequate salaries,
which shall not be diminished during their
continuance in office" CATER the addi-
tional salary was given. the jude assigned
to the Seventh circuit had a legal right to
the salary Of Ct 800. The Legislature could
not reduce it to $1,000 by striking off
the county OF HenricO. IL 1t could,
then that which the Constitution says
shall Ike fired might easily be unti1ed
nj the pleasure of the Legislature, and the
Judges. instead of that feeling of indie
pendence which results from the con-
seriousness OF O certain support that cannot
be taken from them. would be liable to the
continual apprehension OF a state OF de-
pendence." That the Legislature may d.
minish the number of circuits rs provided
bv the 10th section, Article ", is clear, but
that the judges shall hold their office for
eight wears and their salaries not be dimin-
ished during their term Of office, seems to
be equally clear. All these sections must
be read together. They are all in the Con-
stitution. When the judges terms expire,
then before the election OF others the Legis-
latrre may diminish the number OF cir
cults.
II is hoped that our senators and dele
gates in the General Assembly will con-
slider well before they pass the proposed
act-that no party feeling or individual
pressure will be allowed TO influence them
in this so momentous matter. An indie
pendent judiciary is the last bulwark Of
liberty. Ii rises over and
beyond ell party considerations, for ii one
party to-day may set aside its constitu-
tional safeguards TO effect temporary
purposes, let us remember that history
teaches that all parties have their day, and
Others arise with cmbittered feelings to
avcnge either actual or fancied wrongs.
No temporary advantage gained by tram
ping upon guaranteed or constitutional
rights can be lasting or enure to the safety
OF society or the protection Of the rights OF
individuals. Let one but read Froude's
Life Of Caesar, and he will sec that nothing
fastened TIE destruction OF the Roman en-
pire so much as judiciary subseryient to
party influences, and elevated to Office by
party intrigue and the unbridlcd passions
of popular ciamor overriding ali cOnStitu-
tional restraints. We are perfectly satisfied
that our legislators mean to do right, and
all they desire is to know the right; and
we beg them to pause and consider beisre
they pass the bill referred to, which bill. ii
passed, in our humble judgment, would
do moro TO zap our institutions and subyert
the Constitution than any which has ever,
perhaps, been introduced into their honor
able body. W.