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

u
,comple;ion Of the Smokers Gap Turn
pike Road, and to raise by Lottery, a
tsum of money for that purpose; 3, Au-
q thorising the Trustees of the P'ttsylvaDia
Academy TO raise a sum of money by
Lottery; 4, Authorizing the Board Of
Public Works to subscribe for part Of
sthe Stock OF Staunton and James River
n turnpike Company; 8, Divorcing X.
Eaufiman from her husband, Lemon
iCauflnan; 6, Divorcing John Wilson
from lis wife Pattey; 7, Concerning
William Jones, free man OF colour, Of
Spottsylyania.
Tkey have rejected the bill; I, Cen
corning Hugh Nelson; ., Equalizing
the fees OF Attornies prosecuting the
pleas of the Commonwealth in The Su-
perior and Inferior Courts thereof; 8.
Divorning Nancy Saunders from her
husband James Saunders.
hIr Marshall called up the bill, con-
eerning the 10th Judiciary Circuit Zap
pointing Judge in aid of Judge White
Mr.. Mcllbaney supported the bill
lie would not advert TO the constitu
tional question supposed to operate a
gainst the passage of the bill. While
Judge Whites incapacity was scknow
lodged, il was acknowledged that there
was no way OF removing him under the
constitution, if fro'a a consideration of
ms eminent public and revolutionary
services, this was all desired. Waving
then ali such considerations, Mr.. VI. adj
dressed himself on the expediency of
the measure, 10 the good sense and JUS
dice of the House. The 10th .I'ldicial
Circuit was suffering under an absolute
denial OF justice. Criminals were a
waiting in chains, that trial which might
prove their innocence--and civil suitors
were suffering the calamities which be-
long to a state of anarchy. This was cal
led the beginning of civil pension list,
by giving Judge White a sinecure in
his Office; but would the Office be more
sinecure than 1t now is3
Mr.. James, OF Fauquire, said that the
10th Judicial Circuit contains a popula-
-tion OF 100000 souls-with correspon-
ding wealth. and that it was exposed to
all inconveniences of an entire suspen-
sion Of Justice. On the score of eco
nomy the bill ought TO pass, for the
Commonwealth was sustaining losses
greater than the salary eff the new
Judge
Mr.. Watkins, of Prince Edward, hop
ed that this bill would pass without diff
ficulty. The Legislature was under the
l,,,l.1.t -lt.uattns, .. th,a
ton of rights 10 every part of the com
monwealth. Could the imaginary fear
of establishing sinecures counterbal-
ance this great obligation. nn the score
of economy, more than 40 prisoners
were in the jails of that circuit, whose
expenses weighed down the salary of
the Judge.
Mr. Carter, of Prince William, said
that the strongest objection to this bill,
was the principle of sinecdre. But his
friend from Loudoun, he thought, had
placed that question on the true ground.
Was not the office now a sinecure?
Did Judge White perform his duties?
Could he he removed from Officer And
meanwhile, was the stream of justice to
be stopped in that rich and populous
district
Mr.. Christian. Of Charles City, felt
it his duty, to state his objections to the
bill. lie could look no farther, than the
great prime iple that was involved. If
Judge White was permanently incapaci
tated, both bodily and mentally, he
could not under the constitution, hold
his Office. Was it better that Judge
White should hold his Office in this con-
-dtion, that we should go on ad infnitHm
to>the appointment of new Judges? If
this bill was passed, no foresight could
comprehend the consequences. Judge
after Judge would decline into the vale
of years, and District after District
would ask for the appointment of new
Judges. He wished this question fairly
met--he did not think it became this
Legislature to get round IT. Judge
White ought to be impeached, not for
malfeasance but incapacity, According
TO the common sense Interpretation of
the constitution, was no longer capaci'
tated to hold his Office.
According to the constitution, tae
Executive were bound on the death of
Judge to appoint his successor and
this bill provided that the new Judge
should succeed Judge White, what was
the Executive TO do? Were they not
compelled under the consultation to ap-
poipt his successor? He svmpathiSed in