Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-03-06
SATURDAY. March :.

SATURDAY, March 3.
communication from the Senate, stated they had
passed the biiis, Imposing for the support of
Goyernmcnt-2, Reducing into one the several acts
for The better securing the payment of rents and pre-
venting the fraudulent practices of tenants and TO re-
Suiate the practice of suing and prnsecutin writs
OF reP'evtn-3, To alter and amend the act entitled
al act to reduce into one the several acts conccrnn
marriages Changing the punishment for marrying two
sisters, into fine and imprisonment at the discretion of
Jury ID, Incorporating company for itnprov inr
the navigation of the Rivauua river-5 Reducin9 |
into one the several acts concerning the fees of Ger
tam officers and declaring the mode of dscharginc
the said fces-6, Concerning the widow and ters ~
Henry r. Gillian, deceased
Mr. i-ockett adverting 10 the pos.ponernent of the
James RIVER Loan bill the other day, observed that he
"au Vo'ed Tor the 2oStponement, while he approved
some OF its objects. The provisions of that bill were
TOO dlscordan and the bill hal accoriinyiy fallen
sacrifice lie asked leave now, to introduce a bill
providing for such objects of that BILL he beev ed
were generally approved. lie wished lis provisions
confined to rebuilding Gau!ey Bridge-for ASSESSING
and collecting the toll the mountain section of the
James River Canaiand TO pay for contracts in which
! the faith OF the State involved.
The vote of the other day was then re considered
and the rule suspended, ayes rs, noes 81.
Mr.. l'ocket then moved substitute TO the James
i.HeT loan bal, auhorIsng the James River Company
10 borrow The necessary sum 10 the ends above
stated at a rate not exceeding 6 per cent interest
Mr. Harrison supported the substitute as meeting
his entire APPRECIATION.
Mr.. May was willing to vote money 10 rebuilt Gan
! ley bridge, but lac unwilling to borrow money 10
do IT. lie Thought it better that the State should dis
pose OF some Other stocks. He thought the bill was
too much in detail and that should be recomnilted
which course was accordingly adopted.
| Mr.. Chalmers from the Select Committee TO whom
."e suoJect was REFERRED made report on the sub
I!ect OF certain powers exercised By the Virginia
Bank &c. o
Mr. Colston caIle, up the bill for appoinne , en-
pernumerary Judge in Judge Whites District
nir mason OF frederick, supported the bill as loud
" demanded by The District. Judge Whites disease
! ElIl n I'm 10
dlcia functions. He could anticipate 10 constitutional
Objection 10 the MEASURE. The numbers of the JUDI
IS OF the General Court the discretion of the
Legislature. GA the OF expence the animal
expenses TO TIE Commonwealth IN Frederick oIona
ip the support OF criminals awaiting trial. exceeded
the Judges salary. 1t was Objected that this would
be fine orgnation of civil pension list. He under
S'oea pension 10 be, salary without equivalent SER
vice. III TINS pension, not Judge " hite IA
nuch persioner now, he would be by the bi!i,-
inUt Judge White was no pensoner. lie was a sol
der OF the Revolution. His days of manscod and The
pine OF his faculties had been Devoted to tue service
10 his country He was entitled to the peculiar cu,~
Iteration OF this House-It had been said that this
"! would DC precedent But ifa similar case ari-
ses' II ought to be made precedent lie trusted how
ever. that no such case would again occur-the evil
resulted from the mal-oIganzaon of the Judiciary
and he believed ihe day distant, when thai
organization would he corrected. MIR. NJ conclulef
with feeling description of Judge Whites condi,ion
poverty and former services.
Mr.. EpPs amented ,bat his duty impelIcd him to
oppose measure, founded a Of ,hiucr
whIch he admitted grievous. But these were nat
days, when principles o. fundamental law we're t.,
be postponed for expectancy, and by appeal TO the ami
able affections OF the human heart. Whist he monet
iy te Tor Judge Whites situation aud the CONDITION
OF his District. lie could not to give relief al
the expense of the Constitution. WHY was not Tn,;oe
" hiie InPeachtd, Why was this legislature ;nsto5J
OF Tie proper tribunal reSored 10? The Executive
were authorised TO supply vacancies for sincapacit
Was not Judge White incapacitatcd' Was IN. M,
physically incapacitated from dschargng his
There was no difficulty in the question. If the neo
pie Of he District chose TO submit TO the orievancas
complained OIL rather than seek redress in the ,ns
ner prescribed in the Constitutions it was their own
business Was this House prepared to make prcce-
cent winch "ooid enable every Judge the plea off
ncaPacny from sickness. TO retreat from his d,fv AMI
SIN retain his salary. Judge Wie's poyery had horn
saiedbut his revolutionary pensions secured him
from wan" II this was not sufficient, be was ready to
increase lis pension TO $1,000 rather tfn establish
this precedent lie paid ample tribute TO the services
OF Judge Whlte-but he should be clad to see him
CONFORM 20 those principles, for which he had ,eepe
his sword III the blood of his country's enemies in
youth. IL should be glad TO see him initiate the ex /
ample OF another Judge, and resign bis Office lIudoe
Carrngion.) Let hin resign his ComrnssiCn--he
need not distrHyt his country Let hin resign COM
mission the condition o. which was, that lie should
render service for salary.
Mr. Mason replied. 1t was said Judge White was
10 be impeached, for OF capacity lie confessed
n's aslonshnent at this construction. The judges
held their Office during good bsiiayiour-thcv could
tieh Only bc rHpcached Tor TDisdcmeanor in Office -
" as SICKNESS tnisdemesuour in Officer But the inca
Pac"y meant BY the Constitution was vacancy in
once Gould Judge be impeacied, when his Office
was vacant! (NIr. Epps expIajned--there were two
modes pointed out in the Constitution for removing ? /
Judge-by impeachment-and appointing successor
BY The Executive, for iDCapacity)
FIR. Mason said. that The iucapaCitt meant in fbe
constitution implied vacancy. Was il pretended that
Tie Jndgesbip of the 10Th Circuit was vacant the
ncapacy in the Constitutions did not mean physical
ncapacIty--t meant Dcapaciy, created by the accep-
Df a fntIor rri IL m
fore Judge could only be imPeached for misdemea !
nour IN 0tice-and as the incapacity mentioned was
not physical incapacity-tlcre method Of reno.
wing Judge white Bnt If there was, he trusted be /
knew the people Of the District too well TO believe ba
they would wish attempt it. They would rather (
choose to submit year afteTyeaF, to their present ca
larRities
Mr.. Epps explained TO the amount of Judre
Wnte,s nehslon. MI ALcIlhanar raG.rrnL 20 IL -.