Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-02-07
Ttrstmta peafsIatttre.
IIOUSE on DEI. El..a1,E,S h,.i,,,,. 80

incorporating the Petersburg benevolent Mechanic
aSsoclailoni - Autorsing the President and Dircc
tors oil the Rchmond and Osbofrc's Turupike Comma
ny, 10 extend their road SO as TO iptcsc, The Richmond
ana Petersburg Turnpike.
Mr. Woodeitle called up the enrrcssad hill for H.,
appointment OF an additional Chancellor. (Tbs bill
grows out Of The indsposilon of Chancellor Brown;
and provides that the counties attached TO the vythe
Coufforse, and Grecnbricr Districts shall constitute
separate district, and that the chancellor shall be re-
1uired 10 hold court at Staunton--and that IN the
event Of the death of the present choucel,or H.
SAID chancellor shall be Judge Of the Staunton ds.ic
Mr. poodrHe supported the bill. 1t was OF the
deepest interest 10 nearly fourth of the white ropu
huon OF NlrSinia--rsu!css relieved in his way they
could receive no relief. The Legislature could no,
icgisiate Judges out Of oll;ce Mr. ~ examined tbc
constitution 10 prove lat il gave tue Legislature no
such power Until now, it had neyer been sunroscd
that the Legislature had power TO remove Judges for
inability 10 discharge their duties Judge Brown could
MOI leh DC ieioyednor could it lie expected that he
should resign The situation of that gentleman render
ed IL impossible that lie should resign The eircun
stance Lad given that excellent man tho greatest main
lie had iEced his health during the las, fall coninl
with his duties lie did it 10 show his anxiety TO ner
form his dutyand TO show how imposs,Ic il was ,Iot
he should give it up. Judge Brown w.. tov, az -
OF age-he was afflicted with paralysis and tiere was
no rational expectation of his recovery Was t,t liz;
..c' u remain IN inc meantime without lie aGinnisra-
ton oil justice! The district was worse an t
would TIC without any chanccur-for in thar case bu
siness would have been transacted elsewhere Mr. w
advert ted to the fact of judge Browns district confan
bICe as motive Tor hill
having been from the duty imposed tic POSSIBLE cause
OF lis loss OF health. All that that officer asked was
an alteration OF the days Of holding his courts Mr.
\" auVerted WITH great feeling, 10 tho long and faithful
services Judge Brown, and his existing state ofbeaIh
He believed that his district would prefer benr viii
out Judge, 10 his resigning
Mr. SMITH of Greenbrier, stated tue features of the
bill lie did not believe that there were any copstitu
uona ooec'Ions to IT'S Passage The question was url-
der The circumstances, il wise expedient and uo,i
tc lie rccurred TO the original appointment of char
ceor Brown, as being intended only for The court at
Staunton process OF lime his circuit and ues had
been enlarged. Tle so viewed the annoiut,nnnt nc -
contract between JUICE Brown and the State. The
Legislature strictly had light to increase MS duties
No.W'S'anding that venerable man had proceeded tu
inlu us new duties without But times had
changed with him; and lie was now suffering under n
severe afiiicon Of health. But he would not defend
ihs bill upon personal considerations alone connected
wiih Judge Brown. lie would place il upon higher
I''d denTTid ITS Passac matter OF right
The people of that ry suffering createTeyar
ces from the denial O Justice and tev called tpon the
Legislature TO remedy their distress MIR smith oe
cribed the illness the chancellor 10 his c,cot and in;
dctagabe application to his duties Would it be pro
tended that this bill squinted at sinccnres? Mr. & de.
hed 'at Tins was consequence, and said that every
consideration OF justice demanded lis passage
Alr. DrOmgOote said that the objections IN ho Hill
we're Of snch character forbid his voting for it,
Judge Brown had been held up TO the House as an OBJ
Jec' OF ch"fEye ell he understood that he had provi-
ded he was sure not corrupt for several members of
his family by the clerstps in the district M Pg;
teson Of Augusta, explained tiat bpt one ember of
Judga browns family his had been appointed to a
cIeFkshiP') Mr.. -. proceeded He thought that lie
e"A or poverty of Judge b. had nothing 10 do with
the question His objections the bill were constsu
cnaI. In the Ist place. if new chancellor was an
pointed, sanctioned the doctrine tha an officer n;oIs
hou his odice without performing its duties ApaiH
the bl provided that The chancellor sliond suc
coed Judge B al his Geatl--wile the Constitution re-
CURED Inn 10 be appointed by Joint ballot. He hoped
that chancellor Brown would resign He advcrtcd IN
the example of Judge Darlington who had resigneJ
When no longer able 10 do lis duiy-and he would saw
to chancellor Brown, ego thou and do ikewisen
VIZ D0"f'GI had no local feelings. The question
was can VIC and Ought 'Tc 70 grant this relief? lie de-
MED that Tic measure unconstitutional we had
al all tunes exercised the right of forming and new
modslr districts He did sec the objection made
- 10 e succession of the new chancellor 10 i,,ioc y
lie must be hfst appointed by This House lie anpea
Gu 10 gentlemen from the various cbapcery districts 10
consider tue question as if they afectedafd he
coh'ended tha gentlemen Directing TO this mode should
suggest better. The example of judge Darlington
had been Cied-that gentleman coDd afford Tn he mar
not the condition OF ;udpe Brown
and II could not be expected that lie sl,oud eacri6cA
himself merely to follow good example we had
other examples OF this case of jndge Brown judge
" ntc in The suation--ile whole Iudic;a1-
might be n the same situation. slfzas.
Mr. may replied TO Mr. Dromrooe's objection To be
last clause Of the BILL providing that tl,c now orcol
Tor shall succeed Chancellor Brown He conicn1eJ
That there was no difference hciwcN0ss case ndtbe
reduction Of the number Of tho Court of Aprcafs 10
'"ee Nas II unconstitutional 10 say tiiat duties now
performed by one Judge, should he performed BY ano
ther Would 1t be denied at the Legislature coul1
abolish Judicial District? Was not the Chancellor
asked for by this BILL to be appointed by Joint ballot
lie noticed The situation of tie District as .perously
requiring The ard Of the Legislature lie asked If pub
NC justice IN country containing 40 900 souls was 10
remain damned upo
Mr. Ghoison bad listened with pleasure to The read.
Jog OF the whole bill but the last clause which appon,
ca Chancellor by Act Of Assembly bill similar
IN principle had been reported and roiected at tie
last session lie considered that feature as violating
the letter and spirit Of the Constitution If we tass
lba' oIIi the crisis We had esalJ shed to all
.osnis ana purposes Judiciary Pension List. 1t had
been trumpaDily asked BY MrDopbaf ,vlat vy,uJj,ye
d. with the case ofJndge WLite2 He copsidered tie
question as fully sustaining his view IF we efsIste in
'hS case we must all others. 1.-THE Constitution pre-
seeu barriers ietstbose barriers be modhcd-but as
long as they remain in Gods name let ,Is resnect ber
ne Tep ed 10 the argument derived from the practice Of
the Lrgsllue in Dividing districts as inannlcabe 10