Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-02-20

Der, in that year, was IN the haoi' y sis"u"s
iniunctions, sc. &c. and attending to such o.
Their duties as could be done out OF court, as u
.ual. In May last, l had determined to set out
ON nv circuit, being convinced in my W
mind. that my bodily strength was equal
to the task and as to mental incapaclty,
I never thought about it, till the honoura-
BILE Members preamble and resolutions brought
il to nv mind. But well knowing that would
he the last to discover such a calamity, and
foreseeing the evil consequences OF 1t, both to
the public and myself, l had entreated my
friends, in whose Judgment and integrity had
confidence, and with whom | was in the habits
of frequent intercourse, to apprize me OF the
fact as soon as they should discover 1t, IN or
der that l might, at once resign.-Ihey have
not given me the information, from which l
conclude they have not made the discovery,
though it seems the Honorable MEMBER mas
lately made 1t in Richmond-.from report "a
lone I presume. Two days only before was
to have ser out, my physician demonstrated
with me, on the improperly OF such an under
taking, and gave it, as his opinion, mat the
trim would be fatal 10 me, whereas, II defer
red it till the fall, my strength might be iuliy
equal to it. My friends concurred with him
in opinion. and l yielded though reluctantly
II was then too late, if had resigned, to have
had the vacancy filled in time for the spring
terms: and by the fall | hoped to lie able to al
tend the courts myself. The event has pro,
we'd that / was not mistaken. held my court
in Staunton, in June 1926, and all my courts,
as usual, in the fall. At all ofwhich there was
as much business done rs ever was done in
those courts in the same time, and from the
small number of appeals conclude fully as
we'll done; unless we can suppose that both the
LAWYERS and ~suitors, also turned insane IN COM
plaisance to me. / omitted to mention, that
before | set out on my circuit last fall, declar-
ed TO all with whom l conversed on the SUBJ
iect, land they were not a few my liked deter
mination TO resign my office Immediately, ifup-
on trial ! found ! could not discharge the duties
of it, BY attending as well to my distant, as to
nv home courts. And in this declaration was
sincere; for no one; not even the Honorable
Member himself, despises more than | do the
man who pockets the public money, without
rendering to the public adequate service; and |
sincerely wish some way could be devised to
keep all men, Judges as well as others, who
were unfit or unworthy, both from The public
confidence, and from the public treasury At
ter the facts | have detailed, what must be
thought of the Honorable Members preamble,
in which he states that, for two years, / have
been permanently incapacitated, by bodily, if
not mental infrmity, and that Notwithstanding
nv acknowledged incapacity, and the loud
clamours, and the petitions Of the people ofmy
district, repeatedly preferred, to the Legisla-
ture for reliefs.-I have shewn no disposition, *
left no hope, that | will be actuated by a prop
er regard to public opinion and public interest,
and magnanimously rendered 10 the Govern
ment and to the people a resignation OF my
com mission ! ! l cannot help expressing my
establishment and modification, at this extraor-
binary part Of this extraordinary preamble. 10
what loud clamors, to what repeated petitions,
does the honorable member allude? What IS
their nature? And to what extent do they ask
relief? Who are the clamorous, and who the
petitioners? have just been informed, by a
gentleman from Lewisburg, who must be pre-
sumed TO have known the fact hit had existed
that no such clamours and petitions had been
heard of in that district; and / know OF none,
and fave heard Of none in the other districts.
How then have they found their way TO Rich,
mond? From what quarter have they come?
For it must be presumed that the Honorable
Member had both heard and seen them before
his preamOie ana rtSOiutouo "Si0 iNPo'Nu' IL
is true, that from the causes before mentioned,
| have, in "a years, failed to attend five I ourls
That such failures may have occasioned dlsap-
pointments ] admit and regret. But until the
preamble and resolutions aforesaid informed
me of the fact, | knew not that they had &C.
casioned clamors and petitions for a redress OF
grievances. The people knew the cause, and
| presume hoped, as did, that 1t would be
but tempol AIRY, or iflikely to be permanent,
that by a voluntary resignation, would open
the way for some one who could discharge the
duties of the oAice.-If they had wished my
immediate resignation, why not let me know 1t!
they needed not to have applied to the Lesls-
la,ure. But believe, from all | know and have
heard. thai such was not the wish OF the people
in my Circuit-but the reverse. And, on no
ground, can | account for the clamors &.Petl-
lions alluded to, s now for the first time heard
Of, after the causes have, in a great measure,
ceased. Whether my Office is vacated,& whether
the vacancy ought 10 be supplied according to
the movers first and second resolutions, must
be decided by the Honorable Assembly; and 10
that decision, whateverit may be, l will cheer
fully submit-though by no means admit their
constitutional right to pass or act upon any such
resolutions. But supposing they had the right,
(and | do not wish 10 dispute it in the present
case) then | beg leave TO make a few remarks,
as much for the sake of the public, as on my
own account. tits now twenty-four years since