Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-12


lutsdctlon but not OF office. " hat n,,tnr' "@' al
De assigned Tor removals than that tn, srs,. AN
legislature Is opposed tho uancc off rue
rue pnfagraph furnishes this snin,,,,. - ",O''f
the Legislature. They are inh;h,oJ on'ck On
wing Judges OF rboishing the oti,s II 80; 'e'"o-
E."F' 'I-'NVu me cheek nj the j- ;ciarv an IL
"ir;. raE ~ "n oi The h'scnhly viii ie n uo,'
entity IAN we upon any idir rco,,,, l.,l ,,,. I'M
any prospt Give period when les W, ""rd To-
serve thn state than at any .s,,, a. W. VIZ
WhIt mischief can flow on, of tLi. p'i''?.
that Is to he the case. but that iui.,,- ,,'lh
one rys'Cm may be sup 'rnnn"r,ts Ne" unn'r
zen hcvcd we could not dispense win ftb - ".nett
i"tnr' period If the fu crnurefnry judo h g. any
90 numerous, the 3lh resolution r,;.,s - 'eeoihe
Lcgi atuic, tor their cmoion. ''"'' 70 Tie
Inc Legislature may abolish the cour,s or i,
gerry Ou' ms the power Ia Continue their iurisJi
t.,m Ana new court - organized, the l.eris
ioture hestto power to transfer the Judge Ia !,
lie asked the committee cant;dlv w. ill., l.
nus C. De disrcgarded. lest by possibility the snInr,
Of n lew I9gdcs, whose services were not rccni,"T
might continued ~ ''f"fcu'
Mr. MoRR,s proposed an amendment 10 the eI,uso
winch the gentleman from Orange wished g., -;
out. The modification he proposed woulI , '"e
INC views {" both the gentlemen mir Barbonr md
MI = anord) The gentleman from Spnt,, ,Ir,ni
c"nccivcS that the 9Th resolution cn,b,cs 81 u"
ture to remove any Judge from an existing oS;s
the gentleman from Orange, says The tst rc'oL,?e
dcprves the Legislature of the po,yer To -
submit ed tho following promise os nv allie; ~"
aus prcpoScd Ia be- stricken out. "pro,idrJ -
eyer that IT. upon the modification or abnl,,, -, W.
court any Judge or Judges, should not be direr,i
10 p"rl"rm other Judicial duties II shall h, co..,
tent 10 the General Assembly, two tb,rJsf - r.
whole number of each House concurring tLc,ci, ~,
VaChte The commission or Commissions Of sucb IuJ
or Judges" ">" 'uuSe
Mr.: BARuoUR SAID the proposition of tho oo-,,,,
man from Hanover obvates the obecton M, nj, -,
The 8h resolution. He was unwilling to .r.c. -, -
organic law on the hypothesis that the Ieeislo,ure
l,S "'te otote wal willingly Preform any moral
wrong lie would vote for the amendment thoucb
a. would pcrsevere IN his motion To strike ON, ,51
clause, should the amendment prevail ''O
MI HARsHALI said se did not ia end to enter juto
the oenatc' HAD the gentleman from Oranoo ,c
guessed ~ the amendment of the gentleman e.,
Hanover he would have sat silcnr. Will urc,, 30.
p"c' Tor the opinion of the gentleman from Orunoc
ne must say that Inc IRiSquoied and missiotcd ,, 81 =
re-olution when he supposed the construction Of 80
resolution was conflicting with IT, lie i,scJ H.
word "oticc instead of"Court" several t;,nc< - ~:
argument This misquo alton lends all ,bo -; us
belonging to his argument. OF
9lr VI SAID, you cannot remove man f,,r, -,
ohc which does not eXi-t." lie referred pyoin -,
Mr. Us using the word 'Olice" inst cad of COM, ~
the first resolution. lie replied no abolition ~ 10
Court shall be construed into removal fror, n,i;r
not tn" abolition of an Office The judge still ret.;n
ms capacity TO administer jus ice. Il follows IN,
lha thyTe !: no necessity Tor the amendment propoy
ed by Mr. Morris, for there j. nothing in the 9Th ro-
oution to prevent It's application TO tie LIST The H.
guage IS, modify your Court Ne YOU please flo
Judges sll remain ready To receive Office al ary
time. tie hoped Mr.. Morris wcud ,v,,b,,r,,, -
am ndment, as 1t only encuInbercd the resolution
Mr. BARBOUR SAID he read from the printed min
phle'' liis argument was That the first clause YVES
incomnniible with the 9th resolution.
The Judge is TO be summoned, hayinr receive,, Nc
tee or tn charges allcdged against him. TLe
Judg J. al ed upon to answer charges when his ~:
nee vacated, and 10 argue whether the ol.c, .
inc ns9icnt.
Mr. MAHsHALL repeated his argument in rcn,v.
IN charg" Is not against The Judge but acans, the
Once u IS no. necessary to allcge a cause again
q. NJ A. e
20 impeachment with that as To removal Tho Inn,
peacIn'ni is carried on ~ the Senate but the Ic-
gi-lat"re may '"v that Inc number of Judges il W.,
nee" airy, and mny be dispensed with
NJ Moan did not think the amcndncn, necess,.
Try but for tn" purpose Of removing the dificuIty
ssnggrstcd by the gentleman from Orange. lie said
ne would re- am It, liis object in proposing it waste
sheW The gentleman from Orange that there was n,
lnco siscncy between the two resolutions.
MIR. DoDDRIDGE sold he would vote against boh
the amendments and the proviso. lIr yeterday vo-
yea against striking out the 2nd. resolution 'TLo
great difficulty of the Legislature i'm reorranzi,,.,
inc Judicial department growing out ofthe tenure II
once lie referred 10 the plan once proposed and
acted upon to remodel the Cont of A6naa 10 D., -
ducng the number of the Judges from s 10 .! onJ
Vic salary of the remaining was made equal 70 that
W i"e D our much Inconvenience was incurred by
he reduction ofthc number ofJudges; they were then
increased to the former number at the salary INV
On 10 TIC Judges when the reduction took placc
ne th"n detailed plan he proposed 10 submit when
the e., business would come into the House.
Ihe question on the amendment TO the Amendment
wa neg uiv'd.
The question recurring on Mr.. Borbours motion
to strike OUT,
Mr. JonNsoS said he was opposed 10 pat it in tic
power OF me Legislature to remove all the Judges
OF all the Courts for any cause Of The Justice of vci
they may be persuaded. lie rcUJ the first clnuso.f
the resolution. The judicial pow, shall be v,sted
&c'--to judicial Office"
II we agree Mr.. J. said to the whole paraGronb ia
placed beyond the power oftle Legisla ur, 10 mod
my or aboiisH i prevents the Logs aturc from
ROWING Court Of Appeals, &C., but NOT
!" 'eT4an'ze on new foundation. Supr osc tho
T. un of Appeals was altered Is tisr any prorrrti"n
given TO the Court Of Appeals a. at prcscnt organa.
'd; None IL viii put all the Judges at the mer.
cy oi the Legislature. no gentleman here viii dc.
sire to do this Do those who contend 50 much lt-
the independence of he departments wish tn placc
t,c tenure of the Office Of JUICES at tic discr6toI
Of the Legislature? IT we had Legislature euci,
as me gentleman from Orange conempales Lc
would vest IN II all the powers ui Government s
ID -.l- lL-lL.. IN. ~