Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-31

| Powell. Criggs, Mason Of +. MAYOR, Donald
w, Byars, Roane. Taylor Of ear, Morri.. Garrett.
| Cqoyd, Chapman, Mathews, Ogie.by, Duncan, Lid
ley, Summers, See. Dodiridgs. Morxan. Cs"pbsii oil
Brooke. WHOM, Barbour Of c. Scott, Green. Tsze-
WELL Loyal. Prenus, Grigsby. Campbell OF B.lor,
Clayton. Saunders. Branch. Towncs. C.b-ii. Marin,
Stuart. Plcasants. Gordon, The np.on, Masse. Bates
Nsaie. Ro.e, Coaner, Joynes, Bsyly, Perrin--93
| Mr.. SrrARr now moved the following nd
men,
" Where n re .orga cation oethe judiciary shall be
made the Judges in Office shall in the i.st place he
signed to perform the Judicial duties which uay ari.e
under such eorg anizA,ion. and if there should be
more Judges In Office than be required under the
new organization, the Legislature by i,nt vote Oh all
designate which Of such Judges shall be considered
eease TO receive their salaries F. And Judges
shall be appointed under any aon long a.
there sufficient number OF judges in office to per-
form the judicial duties under such re-organixaiisn
| The question being put, il was neg ,tived
| The question then recurring the amendment Of
Mr.. Cabel!, was decided by yeas and nays, fol.
| YEAs-Messrs. Barbour, (P.,, Jones, Giles, Drom.
goole Aiexsn Ter, Gooic. Anderson, Goldman, Harr-
| .on, Williamson. Nj Coy, Moore, Bc,ne Smith, Bix-
ter Mason of s. Trezvant, Claiborne. Urquhar,, RAN
doph, Mad son, Osborne. Mason of +. MAYOR Donald.
.on, Boyd George MAlillai, Campbell OF Washington
| Byars, Roane. Clovd, Chapman, Mathews. O.lesby
Duncan Laidley, See, Dodlrdge, Campbell Of Brooke
wiI-cn. Tazeweli, Loyal, Pr-n,is, Crigsby. Campbri
Of Bed. Cay'or, Saunders. Branch. Cabei, Martin,
Stuart, Pleasant, Gordon, Thompson, Msssie, BayIy
ami Perrin-59. -.
NArs.Messrs Leigh apd TAYLOR of Oh. Brodrav.
/ johnson.
Leigh OF II. Logan. ve able, S,auarJ, Holiday. Mer-
Ger, F.,zhugh, Henderson, Coke, Powell, Gigs,
Pentieton. Taylor Of c. Morris. Garrett. SummsTs,
Morgan, Barb ur Of c. Scott, G.e n, Townes, Bates,
Nea'e, Rose, Coal'er, Joynes and Upshur-36.
So the Convention adopted the amendment of Mr.. Ca.
ball. declaring that when Judge, by the abolition
modification Of Court, should have been thrown out
OF employment, he should receive salary until new
duties were assigned him.
The question was then put on agreeing 70 the first
resoIuien Of the Judiciary Committee amended,
AMI wa agreed 20.
| The 81 Resolution then read as follows:
Re,ofcei, That the rres-nt Judges of tie Court Of
Appeals, Judges of tn. General Couc, and Chanceicr
sall remsia in Office until tic expira Of the first
session Of the Legislature elected under the nc ~ Com
stui,-, aud longer. But the Legislature may
cause TO be paid 10 such OF them shall be re-
spnointed. such sum as, from th.r age. inirnies,
and past services, shall be deea,ed reasohab,e"
| Mr. CLArDoRNE moved TO strike out The word ere
solved" lin effect to destroy the Resolu,ior0
lie conended thst this was not reform, but revolu.
sraed with warmth against the injustice of
removing men against whom charge was pretend
cd, merely because there were few imbecile mem
bers of the body 10 which they longed-.uch mea
sure was without parallel in the history of civilized
society He admitted the existence OF complaints, hu,
thought that in most they rather made than
proved. Virginia might vie with any of her sister
St.es in the responsibility of her bench aud he trust
ed there still vcnera,ion felt for anoug her
own ci'iz ns. He denied there existed such corrup-
ton or such fuiessness needed that the axe should
thus be laid TO the root Of the tree. And If oae part of
the State ahored under In; evil of iucomp or
unfaihu Judge, this ought not to deprive o;her paris
OF The Ste oil Judges who hi earned and enjoyed the
favor OF the people.
Mr. c. objected the last clause Of the resolution as
being at with the first
MIR. Cook took the same ground He was aware
HOY" strongly the sitting against the Judi
ciary in Vrgina-and that il required some share OF
moral courage to stand up aud resist it, lie adverted
to the compact made by the Commonw eah with ~ Of
her distinguished, intelligent an learned citizens; in
| consequence of which. they abandoned a lncraiiy,
practice for place of high honor, AMI permanent
though very moderate emolument He owned that tie
occurrence Of the Convention int vrnng might put
end TO the contract; they had the physical mower, .
not the moral right to do The reorganization OF th
intermediate Courts might be effected without this o.
traci'm OF the Judges. Ifsny lothful incom-
peten', there was provision for their removal. BIT
he thought the representations that subect greatly
overchaTed, and bore honorable testimony to the la
borous and most faithful discharge of duty by all the
Judges under whom he hal praciced for 81 years. he
knew not single exception.
Mr. MORGAN now moved TO ameni the Resolution
by striking out the last clause viz "But the Legisia
ture may cause to he paid to such Of them shall not
he re-apPointed, such from their age, npities
and past services, shail be deemed reasonable"
On this question Mr.. George dem andeI the yeas
and nays-ond they w6r, ordersd by the House.
Mr. GILES thinking the measure proposed ny thu
Resolution very har-h, aud to I've lried TO un
less the most mperous Necessity should demand it, slid
he should vote for the latter clause lrc.enting some
mitigation Blu, he hoped the whole nigh; be dispens.
| cd with
MIR CLAYTON was opposed TO the clause--not see
ing how the 'um could be needed, given asa
pensaon for services which had already been compen-
stated by salary As to the removal of the Judges they
must fall with the abo ton OF the courts to whrh they
beIonged and of which were retained EXCEPT
The court of appeals.
MIR. l.. said, that il such were the fact and by the
adoption OF the consuon all the courts, with the
Judges were 10 fall, ipso cto the ought certainly
10 he provided for. The commonwealth would he de-
prIved AT once OF the administration Of criminal law
ana pardon before bad to be provided for all crimes
until The courts should have been organized. He
hoped the gentleman from Augusta woAld offer the
amendment he had some days since provided on This
subject.
Mr.. POWELL. differing in hs views from hi. col
vI,s lad,
nent lie denied there either legal or moral OH
legation the commonwealth 10 retain the judges IN
Office Not legal oblg alton, because the liability TO
be removed by Convention was known when they
accepted their Offices, and by expected fully
as an event near at hand not moral, because tho
removed for moment, they would all be immediately
reinstated by the Legislature with the exception Of
few who were incompetent to their duty or
Of It, Such az disabled by age and inlirmiiy |
would base their feelings saved by auch an
ment, and II WV due them thus 10 sooihe their feel
ings. He insise on the Justice AMI proprirty Of re-
tanning the last clause for what was to become of |
those disabled judges who should not be appointed
10 office
Mr. BRoDNAx now addressed the House, nearly az
follows:
That he could bat be sensible that the psriod for
debate had passed by in that body long since and that
impsencc Of all discussion existed TO degree which
but few ofits members could now sub,lue. Ths; this
wac particularly true Of those subjects wicha differ
ent tunes, and undrr various aspects had already en-
gagged the elaborate consideration Of the Convention
But Mr. President (sad he) it is surprising that this
of bv a..