Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-07

would prefer the bill to them. He did not think a
Judge could be legisa,ed out of office, without an
impeachment
Mr.. Winston expressed his opposition 10 al!
snecures in government, and supported the pro-
visions of the bill in speech of some length-ta-
king very nearly the same views other gentle
men. The fears OF judicial pension list were I'M
founded in his opinion. Il had been long the prac-
tice OF the government, founded on the convenience
and necessities OF the people, to branch out ana
extend the Chancery Courts; and lac saw nothing
to prevent its being aone in the present case
.Air. Christian, of {. c. argued that the o'ii
was unconstitutional. Its friends asked tor It's
passage on the avowed ground of the permanent
incapacity OF the judge. If this permanent inca
pacty existed, he asked, how gentlemen got over
the I4ih article of the constitution, which, alter
| saying that both Houses of Assembly shall, upon
joint ballot, appoint judges, sc. provides: that
" IN case Of death, incapaciiy resignation, the
| Governor with the advice of the Privy Council,
shall appoint persons 10 succeed in oihce' TO De
approved or displaced by both Houses" what
Is meant by this word ncapacity in the constituents
Did it not mean The very condition in which the
friends of the bill represented judge b.! Upon
the showing OF these gentlemen the office was
already vacant. Again, suppose the bill to pass,
would a. not he incumbent on the executive 10 MI
the vacancy upon the death of judge b. But II
reference be had by that body your law, it will
be found tina, you will have already filled the va
cancy by law. What would the executive do in
that case! Mr.. Z. FELT for, and was disposed 10
consult the situation of that part of ;he country in
terested; but the constitution was entitled TO still
greater consideration.
| Mr.. Hood had not expected 10 hear constitu-
| tional objections urged on this occasion. He was
! prepared 10 hear the bill objected to on the ground
OF precedent. He though, The constitutional ques-
ton exceedingly clear II the judge inca
pacitaed in the sense of the constitution, it would
be proper to SO on and appoint successor. But
he did not ascrlbe TO that word the meaning
which other gentlemen seemed disposed 10 give il
lie thought 1t meant Incapacity from accepting OF
holding some incompatible Office rfrom havine
been found guilty of an oifence under all mpeach-
ment. That Judge Il. was unable to perform
part OF his duty from bodily intirmiy was manifest
from the number of petitions from the people an,
The declarations OF gentlemen on that floor. II,
knew, from his own personal knowledge, that h,
was In the daily habit OF performing many of hi
duties. The fact was, that existing laws required
OF linn more duties than he could perform; and the
OIL only proposed to assign a Fart of them 10
other Judge. 1t has been found thar both chan Gerry
and common law jud.es had been assigned more
Guty than they could perform and in every instance
a Subdivision had taken place and new courts es.
taoished. But the resignation of Judge Is. had
been often suggested in the debate In repi, &C
tins suggestion, aud the dea of his permanent
ihc"paciiy he would remark, that there was nc
douht but that lie expected TO recover. although his
friends thought the expectation hopeless. But
suppose you pronounce the Office vacant ayi il
| some three months his health should be ress-,-.a
wha would be the condition of the Cominonw ealth
| how would that House feel at such an event
But where is the improperly of giving operation
to the law at some future day. According to tn,
provisions OF the bill il To take effect in two
OF the districts Immediately, and in he Stauntor
district only during Judge BIS indisposition. Blu
aiier his dealhto take effect permanently in tha
district. Mr.. w spoke in the very highest term.
OF Judge b., and declared it as his conviction, tina
ne would not hold he Office, if he thought his in
capacity permanent.
.Nr. PdtteSon, Of A. coming from the vicinity
of Judge Brown; being within the circle of hi
friends; and entertaining for him the most profounc
! aspect and veneration, was almost afraid irus
MS feelings on this occasion. There was not ;
more honorable man, or one OF more refined sensi-
oillty under the canopy of heaven. The reason.
Tor his not resigning had been partly explained b,
| Mr. Wood; but they were of such a character a,
preven' ed them from being fully explained on tha
occasion. Mr. f. replied in detail, to the yariou,
objections that had been urged The bill. AS tc
the evidence of the sufferings of the people the,
were stronger than could be adduced of the fac
tha the district had been divided for the chance
Tor $ accommodation. Before that division TN.
business of all three districts was transacted at thu
residence of that gentleman II therefore coulC
not have been for his accommodation that he wa
required to go peddling equity the western
world. Mr.. +. here mentioned the distances Il
the several courts and the various inconvenience
10 which the Lewiston of the district had givei
| rise. 1t YVES these arduous and complicated dutie
that had mainly contributed to impair as fine
mind as ever ornament ed the bench of the country
In this impaired condition he hoped he would b
permitted to remain at Stanton and perform VIVA
duty he could The Legislature was not asked 4
be inconsistent The case OF Judge Fleming tina
had been Guoled not in point. The Court o
Appeals was organized and transacting the business
OF the country at the time of his disability. NJ
-sensble Inconvenience felt from his absence
from the bench. Not so in .he present case. Their
Is no court TO dispatch the business of the people
Immense amounts OF property and capital were teC
up in suits, the equity of the country was sus-
pended; and the people were suffering most sensi-
bly, fromi,.
! He said it was assumption of fact to say tina
the friends of the bill asked its passage alone OF
the ground OF the permanent incapacity of tn,
judge. AS one Of its friends, he did not place i
alone on that ground; but on the ground that tn,
duty now required was too great to be perfoIme.
by one man; and the district too large, even if th
chancellor was in good health. This was no new
idea; for, attempts had been made long ago TO ge
another chancellor. He saw no force in the obiec
ton as TO the difficulty the Executive would have
They could have none in relation 10 an Office no
vacant. Suppose law were passed declaring thai
when vacancy occurred in particular district
the duties of the Office should be performed
by the judge of the adjoining district, would til,
Executive be required under the constituii on to
the vacancy?
Mr.. p. replied to that part of Mr.. Dromgoole'
remarks in which he referred to the appointment.