Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1826-03-09

-! - !1Isl1zH ss9SIneo. RE sFgued
to PROV that the iacapecity referred TO,
did not mean the acceptance OF an IN
compatible office under the general
government, for that government did
not then exist. B,n the clause he had
read and relied upon, had not the word
iucapacity in IT, Suppose Judge OF
the general court 10 refuse to discharge
his dutiesi Could he not be a cached!
and were not the consequences IN this
case exact, the same? Did gentlemen
suppose that he was disposed to deny
Justice 10 the 10th circuit?--Let it be
sought in the proper way, and he would
prove himself willing to do them justice.
He re,ortsd the charge on the friends of
the bili-they were denying Justice BY
refusing to impeach Judge White, aud
taking the regular course demanded by
the Constitution.
Mr. Taylor said if the gentleman's
construction of the Constitution was
right, there was no Judge but might be
npeached aud eyicted. He thought It
a sound. legal, and moral maxim, actus
5s,, nemn facu injuricm. He thought
It was agreed. that the act Of God,
should work harm to none. But If
consequences were to determine the pro-
priety of ,mpeachments, none were
secure from Impeachment
Mr.. Gholson had no constitutional
objections TO Che bill-but there we're
principles involved in it, quite as sacred
he Thought as the Constitution. Could
any man think, that the constitution CON
templated the case of an officer holding
his office, when he could 10 longer dis
charge its auties2 This. was plain pro-
position, ineligible to all. Could not
an office be forfeited for nose user Tie
had never beard so refined distinction
as that drawn by Mr.. Taylor between an
ineapacitv in law and fact He had
never heard the doctrine of gao amino
carried so far as the gentleman had
carried it. What Judge had died with
the quo amino? BY the gentleman's
doc trine, rs the act of God should work
injury to none, the salary Of the dead
Judge should be continued to his family.
Knowing that the Judges would all get
old and infrm - believing that this was
dangerous precedent, leading to end
less special legislation, he must vote
against the bill. If Judge White was
new a sinecurist, he was at least not go
by ar act of the Legislature.
Mr.. Watts. called for the ayes and
noes. The question YVES taken and the
bill rejected ayes 10, noes l0s,
Mr. kiger offered resolution giving
leave to bring in bill TO authorize the
county courts in the 10th judicial dis
trict to examine all accounts of the
.jailors of said district and certify the
same. as prospects the.commonwealth's
prisoners confined m saiG district. Mi.
X. said the jailors were poor men, and
If no superior courts we're held. they
cannot getpay for supporting the great
number Of prisoners under their charge.
He apprehended that their could be no
constitutional objection to the payment
of the public debts, if, there was to the
appointment of a judge-The resolu-
ton lies one day.
Mr., May offered resolution, (Which
lies one day instructing the committee
of courts of justice to report bill pro-
viding some mode for the disposition Of
cases both in law and chancery, which
cannot be disposed of in consequence
of the inability Of the Judge of any
court.
Ga;sn,cIo,, FL or