Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-20
VIRGINIA LEGISLATURE-JAx l6
CHANCELLOR BROWN

CH.iNCELLOh bHOVN
Mr. Goggin offered the following preamble
and resolutions
Whereas the Constitution Of this common
wealth wisely provides for the independence OF
the Judges, and gives them permancnoy in office
during their lives, or at their will, upon condi-
ton that they continue to be Of good behavior
and TO enjoy the bodily and mental capacity re-
Quisite to the discharge Of the duties which the
nature Of our country and its population and the
laws made in pursuance of the constitution, may
require of them.-And whereas il is manlfestly
unjust and contrary to the true principles OF our
republican government, that there should be ST.
mcclure Offices in our commonwealth, or sallaried
Offices of government, drawing annually on the
treasury without correspondent discharge OF
duty; or that another be paid out OF the puoilo
Golfers for the discharge OF that very duty which
belongs to the man who is thus enjoying, oy
system Of forbeasnce and favoritism the annual
bounty Of the government-And whereas 1t is
proven 10 the satisfaction of this Assembly that
Judge John, Brown, Of the Stauuton, Wythe and
Greenbrier Courthouse District, is, and has
been for nearly two years permanently incapa-
citated BY bodily, is not mental in6rmity, from
the active and regular discharge of his duty as
Chancellor Of the said district and that the end
Of his appointment is entirely frustrated, and
the good people of the said Chancery district
are deprived Of the benefit of a system Of equal
laws, provided for their relief, in common with
the other good people Of the different portions
of the Commonwealth-And whereas the said
Chancellor, Notwithstanding bis acknowledged
incapacity as aforesaid, and the loud clamours
and petitions of the people Of his district, re-
peatedly preferred to the Legislature, for relief,
has shewn no disposition, and has left no hope
that he will be actuated by proper regard to
public opinion and public interest, and mag
unanimously tender to the government and 10
the people, resignation of that commission.
with which they had delighted to honor him,
whilst his body and mind were in state OF vi
cor which enabled him to reflect correspon
dent honor and benefit on the people and govern
ment, from which he derived his appointment
However the Legislature may deplore the
stroke by which providence in its wisdom has
thought fit to afflict and incapacitate our rever-
ed friend and late public servant, Jno. Brown,
ESQ; We, our sense Of justice to the public, our
duty 10 our constituents, and the interest Of
the Commonwealth at large, as well as the i'm
mediate interest Of the people Of the aforesaid
district, together with the fatal tendency Of a
Quiet acquiescence in the present posture of
affairs, aud the pernicious effect of our exam
pie, such as is sought of granting relief to. the
people by the appointment Of an assistant or
additional Judge; and the oath of Office which
we have taken to support the constitution; and
the plain and unequivocal letter OF the consti-
tuition itself, call aloud upon the legislature to
pronounce to Judge Brown and to the people
Of the commonwealth, that the incapacity OF
Chancellor Brown, is in the opinion of this As
sembly, an incapaci'y clearly within the mean
ing of the l4th article Of the constitution.
Resolved, Therefore, by the General Assembly
that the Office of Chancellor Of the Staunton,
Wytbe and Greenbrier Courthouse district, is
vacated BY the lncapacity Ito aeD OF John
Brown. ESQ. late Chancellor Of said District.