Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-05

Ar MiRcfR rose his appreciation OF sentiment
which had been uttered by the venerable gentleman !,ic
m0n!; aI If the majority should be found sustain p;o,o
s'l"n OF The gentleman from trederick 10 white hunters III
would be content although would what he should
fer he corcued opinion with the gentleman CheS
ee that no good could result from the reference Select
COMMITTEE Tine number small The rcsica would
DC compelled To nominate that Committee individuals
VINO o"' comnied consisting of those who had Offered The
propositions or who had taken prominent part Discus
n,i''ee of the Whole. because more convenient than
larger body for the Arrangement; of the proposos
which they n.,iered What hene, can result, ir
reference I" Select Committed hoped Convention
would ehef adjourn: or so into Committee ofl'c Whole
The motion OF MIR Johnson then ncgatived
On motion of Mr. Ncorss estimate presented by Judge
was 'en ordered to be referred 20 the Committee OF
the Whole, and printed,
MIR CooKE then moved adjournment, lut Withdrew the
Mr. NICHOLAS, who moved tina, COMMITTEES he appointed
MAKE respecting place Tor The meeting of the
tovenon after the commencement Of tire session OF the &c
neral Assembly.
Mr. WusoN avaed himself of the motion % Give notice tina,
he Should day OF this week. adjourn THIS Con.
reson to meet again on the first Monday in October. 1880
The motion of Mir. Nicholas carried III the afrrna.
1--WE; the Committee Ordered three memcrs;
and hcssrs Nicholas johnson, Leigh uChcerhed were
appointed as such Committee.
MIR. AIFRcEa moved the Convention resolve itself ,
Comn;ee OF the Whole, which carried in tho affirmative
ayes So
The Convention then resolved into Committee Of tho
Whole. MIR SriNAnD in the Chair
nc question pending on the morton Of MIR Powell strike
insert the resolutions he had submitted
onmoon of Mr. NlERcfR the Executive report and amend
ment were passed ny aud the Committee proceeded consider
Report OF the Judicial
JUDICIAL RlVORT
iic report was then read, follows:
The committee to whom referred the Judicial
department oil government, established by tue pre-
sent Constitution, have according to order had the
same under consideration, and report in part the fol,
lowing resolutions thereupon:
J. Resolved, that the Judicial power shall be YES
ted III Il Court Of Appeals in such inferior Courts
the Legislature shall from time TO time orJan and e
tabllsh, and in the County Courts. The Jurisdiction
OF these tribunals shall be regulated BY law. The
Juds- OF the Court of Appeals and OF the inferior
Courts shall hold their Offices during puod behavior
or until removed in the manner prescribed in This
Constitutions and shall, 1T the same time hold no
other oihce, appointment public trust: and the ac-
cHHtancS therefore by either ofiicm shall vucaIc his
Judicial ofilcc. No modification cr abolition &C auv
Court shall be construed to deprive any :u1~n ,iers
OF OF his office; but such Judge slai peri6rm onv
judicial duties which the Legislature shall assimn
| him.
Q Resolved that the present Jndres of the Co,rt
OF Appeals, Judges of the General Court and CHM
ceors remain IN Office unit! the expiration Of the first
session 9th Legislature held under the ncv Con-
stliution, and no longer. But tho Ierislature may
cause TO be paid to such ofthem shall not be re-
appointed such sum as, from their age intirmitio.
ana past services, shall be deemed reasonable
s. Resolved, that Judges of the Court of anDcoI,
and inferior Courts EXCEPT Justices nf tho En,rt
courts, and the Aldermen, other MAGISTRATES of
Corporation Courts shall be elected by The c.rcur
rent vote OF both Houses OF the General Assembly
eacn House voting separately, and havnr naoati;a
OIL the other; ana the members thereof :otng viva
voce The votes of the members shall he cnteraJ
on the Journals nj their respective Houses Should
tetwo Houses in any fail to concur IN the nIoc
ton Off Judge, during the session, the Goycrnor
shall decide the election by appointing one of Tho
t"o persons who iIrst received majority of votes
III Tue Houses IN which they were respectively voted
Tor. But II any vacancy shall occur durinr the rc
cess ct The General Assembly, the Governor NAV
appoint person to fill such vacancy, who shall con-
tIhue III Office until the end of the next srcceelin
session of the General Assembly
q. Resolved, that the Ju1rpS Off Co,,rt re-
penls and Of the inferior Courts shall receive fyId
and adequate salaries, which shall not be diminished
during their continuance i'll office.
o. Resolved that on the creation of auy now co,,r
ty, justices the Peace shall be appointed il, the
first instance as may be prescribed by law. when
vacancies shall occur In any county or it shall f.
any cause DC deemed necessary to Increase their
number, appointments shall be made by the Govcrnor
by and with the advice and consent Of the Senate on
the recommendation OF their respective County
Courts. '''''
t. Resolved, that the Clerks of The several Courts
shall be appointed by their respective Courts and
thelr tenure OF Office be prescribed by law
7; Resolved, that the Judges Of the Court of An
pcas and OF the inferior Courts, offending against
the state either by MAJ administrations c0rrun.inn
or neglect OF duty, by any other hrhcrine or
oeneanor shall b. impeacblbie BY the fousn of Dn
gates such impeachment To be prosecuted hof,rc tbo
Senate. Ifound guilty by two thirds of the v.bri,
Senate such persons stall be removed from Office
ANA any Judge SO impeachcd shall be suspended fro,
exercising the functions ofhis Office unit. his acc,,,,
tai' or until the impeachment shall be discontinued
or withdrawn,
e. Resolved, that Judges may be removed from
oii!ce by vote ofthc General Assembly; but two
thirds OF the whole number of each House must con
cur IN Such vote, and the Of removal shall be
entered on the Journals of each Tho Jrdr,
gaInst whom The Legislature is about to pr0ceed
shall receive notice thereof, accompanied rirb COW
OF the causes aliedged for his removal at leasf
twenty days before the day which either House
OF the General Assembly shallac tbcreupon
Mo BArLY moved amend the first resolution IN tho 1
me; NY striking out the words ''and in the county coni,
VT ID cSPaned that his object cuufins he judicial
power within narrower limits lie dd not pra $50 10 M @
o county courts; but To place them where thew yoJ he Iar
VIC control OF The superior tribunals THIS : court birlv
nao'e Tor The purposes of justice. He had no dolr o The
people OF some parts of the Stale desired these court. and ,,t
nthefs dId not lie would leave crfsatu1e 10 ,c
c,n of opt II may have heeu necessary ,hc commence
c' Oh c revolution 10 constitute these their rrr,rrt
FORM Bu the same which operated then do ROT
ate now tmay have been then necessary give them erea,