Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-02-24

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Mr. Pitcher said lac would vote for the bill. and o;u
because il grCn,ted amnesty to old Offenders M
was epugnamt III its present shape to public s.,tn.,
ugh to preserve in t'a shape: Ii was objected nv MI
iayof, mat there was not maximum minimum IN
the penalty He reminded that gentleman of the opnosi,.
reasoning he had used in the bill CONCERNING
eontendig against that bill because it fixed a maximum
lie should be satisfied with verdict Of Jury -
acquitted punished In the county of Piitsyyana there
were ten oi these cases producing thirty or forty
dren. Were the parents these children IN mo
Ut oriveh ih'o exile: Were they BIZ imprisoned and
their children left without protectors wished that Mr.
"orto III the agony Of feeling, which he had worked him
self into when this subject formerly before the Hous
had pcued the nseres of these unfortunate people un
der the penalty of this law.
Mr.. Taylor dsclamed the argument impn,cd To- him L.,
MIR. Wilson. y
Nh Noson Of Soutlaupon concur ed with Mr. Doye,s
III the opinion that this law more efcieut than
me o. AS I" the phraseoloey OF the law which had been
"oJecteu To- II was transcript the old law
lie said ii was thought the bill might encourage polisamy
but lie applied to The objection the answer-it was
transcript OF the old law, with the exception of penal
W. Inc question was would the House ne
nay al separating husband wife? lie trusted they
would not He believed the moral liberty aud proper
y oil tue citizen, would be safe Of the coun
uy
CIRCUIT COURTS.
This bill was called up by M. UtLSon.
Mr. kimJrough offered substitute to the substitute TO
the ryder, im the following words:
Nothing in the ninth section this act shall be under
STOOD or SO construed as to Judge,
the Chancery Courts i'll office, commissioned as
Judge Judges OF General Court; or anv JUDGE mr.
Judges of the General Court, in Office tn he commits
sIoned judy" Judges in Chaucerv unless such de
or Judges respectively shall have been duly the
manner prescribed by the constitutions This act shall
commence, and be in force from nd af er
Mr.. UHsop said that he thought il manifest the House
were disposed TO grant relief country it, judicial
difficulties by the present bill, ii objections to it, consu.
tlona and others, could he removed. With view TO OBJ
viate these objections lie offered following substitute TO
III" several ryders:
BE Hfter enacted. That nothing in this act contained
snail he construed
the Superio Courts of and in Chancerv from nrocee
ing I" act III the discharge nf their official duties as here
toore prescribed and directed law and they are berebv
require To continue in the discare nfteir oicia duty MI
all the Judges hereby directed appointed and commits
sioucd shall have accepted their commissions and
the same ia the Executive.
he substitute then offered by Mr.. .Nucrae was rejected
ana II qu'st2n REQUIRED o" the adoption of by
Mr.. HI b'ough in order. Mr. KimJrough said
that y tn adoption this ryder his chief obj 10 the
bill would be nbviated.
M GhoSon thought that the House could not adop,
MIR. himbrouSs substitute, liter rejecting MI. Ma.raes
The one was the sign of the idea, other the idea itself
ton REQUIRED On MIR. Wilson'S
Mr.. Campbell suggested an amendment reourinp tho
Judges TO hcd their Counts until they signify their acqu-
esc.ncc IN this act which wa accepted by MIR. Wilson
Mr. hacrae thought bill radically discussed TO be
cured by pa!laves. The amendment proposed did NOT
cure thetdease. Though friendly To the of the bill he
could not violate his oath to support constuton AZ
.er "hr Mf. s"ns substitute To the ryder adopted
hy the House.
The question recurring The passage the bill ami w.
uF- TofdoH addressed House favor
bill did not pass il would he in consequence OF being DIES
troyed Ivy particular this House nd NOT from,
objections 1t that peculiar interest en-
ooUie1 around the Chancery Courts in other localities II
was an a'ocraey OF talents and influence which should
not deter him from doing this duty To the public ,houeh e
was HPpSed that II was much easier Join with the
arSocracy and float down of power than IN stand
forward the champion OF people When he heard th-
gentleman from Chesterfield advancing constitutional OBJ
Jectnnst TO this BILL he had listened all his attention
h""'nS me talent and acumen of that gentleman. But
he mustSay, that his objections whiting def,-
'lons-what he should call AT the bar. Quibbles
Mr. Gordon replied ulaIIy constitutional oh
Jeoonu Ged to the bhe perpexy suppose ed in the
OF impeachment of Chanccllors before the General Court
hey neg Judges IN that Court and the supposed election
oil Judges by of Assembly bill the
oh requiring them To be chosen by joint ballot-ie COLI
ten"d mat there was nothing i'll either of objections
that they phantoms conjured up to alarm geu,l
men, and illustrated his argument by reference TO the con
Sit"t'"n aud the history OF the judiciary Virginia
"rei"iiH" to the policy Of the BILL Mr. Gordon, enlarged
upon ITS bcuehtS 70 the IL would prove the
counterfeit To the County Cuu SYSTEM CARVING ;,stice
aud equity nome to every county commonwealth and
operating US Alfrods celebrated system, of ,ythngs hun
dIedS aud counties II would greatly diminish cxucuscs
aud promote convenience.
As to the Judges refusing the SYSTEM Mr. G
would not say they darrd refuse, because Vi,pnis
W"uio 40 many thing they should when duTed-but
the Inducements such that judge would decline to
acqucsce in the system.
Mr. g. exposed in powerful language the abuses of the
Chancery Counts, their expense, delay and crime in mi.
country aud in England, nd concluded an able argument
by dlsclam:ng all PERSONAL interest insisting that
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ehcc OF the people, ought to be made by the House
! 'uf Goodeoi NecklenbUrg, succeeded Mr.. Gordon in
opposition to the bill lie rcpccd intimation that the
opponents OF the bill acted upon interested motives If thew
No" an IN preserving the existing system of
Courts was obvious that the friends the bill might be
chaFseo WIN equal plausbiity with having II opposite in
t'Tes II the lawyers from tine meighborhood of the pre-
sent localities of ChanCcry Courts were interested 70 oe
e" heFe was apparent that other lawyers were eousI-
interested to dihuse them the state. Discaininq
however all mputatoD upon Others and AFFIRMING Thai m
was directly interested IN the of the present bill
MI -. h"ped at no appeal TO the preudces the House
would he eiectua and proceeded touge his constitutional
objections to the measure. These the constitution
recognized Chacey ourts, aud thereby As he believed for
babe the blending Of Cbancery and Common Law iuidc
onthat required judges be elected by Hot before
ey could be commissioned; whereas the bill provided for
commissioning them before cected-la this bin compeIls
us 10 reelect the judges being, thereby DESTROYING
me freedom and latitude Of secction-hat if an election
De moi necessary violation Of the constitutions
cesaTy, 1t reduced to the alternative Of clcctnp tho
same Individuals or of passing act, wiicii dcprndnq
upon the voluntary choice Of the Judges might he render
CO. huSory- that the bill would place the Chanc,los
ABOVE the Laws by making them fact the tryers of tbr
o" 'inpeachmen-and that it competent tn the H.