Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-25

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!H'gh. Sam Taylor, Brodnax, Dromgoolc, Al. kan.
Or, Goode, Marshall, Tyler, Nicholas, Anderson,
CriIinan, Harrison. Williamson, Baldwin, Johnson,
n Coy, Moore, sslrnc Smith, Miller, Baxter, J. Y
Mason, TIezvant, Claiborne, Urquhart Randolph.
YIN. Leigh, Logan, Venable, Madison, Stonard'
II1"day. Mercer, Fitzhngh, Henderson. Osborne,
Cooke, Powell, Griggs, ]. M. Mason, Nayor Do
MADISON, Boyd, Pendieion, George, NrMilan, F.
Cainpbeil, Byars, Roane, VIM. +. Taylor. Morris,
G"rnett, Lloyd, Chapman, Mathews. Ogiesby, Dun
C can, LNaicy; Summers, See, Doddridgc Morgan, A.
TahPocii' ): y. Barbour, r1acrae, Tazewell,
loyal pr1niis Grgsby, VIM. Campbell, Saunders,
branch, Townes. Cabcl, Martin, Stuart Plrasan,s
&oraon Rose, Bates, Ncale, Coal,cr, Bayly Perrin,
Jps.s;rr--AG
NoEs.-Messss. S!s2ton, Scott, Green, Clayton,
Thompson, Massie, Joynes-T.
So the amendments concurred in
The amendment OF the Committee of the Whole
20 the 4ih resolution, was then considered.
Mr. MARSHALL thought the amendment had crcpt
an inadvertently; he believed that upon fais con-
stTucton of all the provisions relating to this SUBJ
lect, Justices oil the County Courts, were incu-
ded IN the term Inferior Courts, and if So the OK.
c"ption was unnecessary and imp oper. lie though,
the amendment improper for another reason, the ex-
caption might Also be construed TO exclude Justices
ofthc Peace from holding other Offices, by anparent-
" recognising them, as the exception does as judy
s. Of Abe Inferior Courts.
The question was then taken, and the amendment
vas adopted. =.
The amend .nent ofthe Com nitlce of the Whole
n the 9Th RESOLUTION was then concurred in.
The question then required upon tho adoption Of
Che LIST resolution as amended.
Mr. DoODRInoE moved to strike out the inicii-
mite article and insert the definite article before the
words, Supreme Court of Appeals He wished to
plac the Court of Appeals cea ly beyond the control
Of the Legislature, constitutional court.
III anne nGmcnt was not adopted
Mr.. Campbell. moved to amend hy inserting the
cords reorganization and" before the word urisdic-
ton in the 9th line. And the ayes and noes were
called for by Mr.. Doddridgc, and ordered.
AVIS Mcssrs. Clopton, Anderson, Cofman IInr-
tison, Williamson, Mccoy, Moore Bcrnc. smith
Cooke, Mason of Frederick Naylor, Donald
son, Boyd, George, M'Mlllan, Campbell of W..
Byars, Chapman, Oglesby. Duncan, Laidley, Sam
lners,See DoddIidge, Morgan, Campbell of Brooke,
Wilson, Campbell OF Bedford, Clayton Saunders, Ca
bell: Stuart: Thompson, Joyncs Bayy--1O.
NoEs-slessrs Barbour, president Jones Leigh
N Taylor of Chesterfield, Giles, Brodnax. Drom-
goole. Alexander, G"ode, Marshall, Tyler Nicholas
Baldwin, Johnson. Miller. Mason of SOUTHAMPTON
4rezyant' Claiborne UTqnhaIt' Randolph, Leigh of
Halifax Logan, Venablc, Madison, Stanard IIolla-
day, Cooke. P""Gii, Griggs, Pendlctnn Roanc Tay-
Tor OF Caroline, hi"rris, Garnett. Coyd Mathews
Barbour of Culpeper, Scot, Macrae, Green lac
we'll, Loyal, Pr"nts, Grigsby, Branch, Towucs
Martin Peasants, Gordon, Massie, Rose, Bates
Ncale, Coaler, Upshur Pernn--56.
SO the proposed amendment not adopted
Mr.. THoNPsoN moved to amend, by striking Out
tue words No modification abolition OF any
court, shall be construed To deprive any Judge there
Of Of his office; hut such Judge shall porforn any
ludicial duties which the Legislature shall assign
him.
lie thought it All anomaly that any Judge should re-
tain his commission, receive his pay AFTER the
court Of, which hc was. Judge, shall have been
bolished To secure the ind pendencc of Ju' gcs he
would agree TO insert provision instead of this if
Il be Stricken out which should authorize the Lp0is
irure 10, give compensation 10 Judges i'm the case
contemplated BY this amendment lie in favor
OF the Independence of Judges but could not agree
10 pace.them beyond responsibility. That in the
Constitution of the United States, particular care
had been taken TO couple compensation and s1Tvice
This clause would constitute privileged order, an
order in possession Ofsinecurcs.
Mr. Giles commented upon tho provisi ms adopted
CO the removal of Judges The rem,val Of JUDGES
by impeachment, if not wholly inefficient was one
great difficulty in its practical operation. Il might
90 for crimes misdemea nor, but for misconduct
out of court or n,lsieasance in Office or neglect of
duty, it was wholly Inefficient He willing to
leave IT To majority of the Legislature remove
in the latter cases.
Mr.. MARSHALL said on the former debate of this
question he had used an expression which mirht be
misunderstood. He never m,aul to say that the
Gentleman capable of misrepreseniing purpose
~, any. argument he MIR. NJ had used. He was
pleased this opportunity had occurred Of making
this explanation.
lie said he saw no difficulty in drawing distinction
between the Court and the Judge of that Court
The one can be abolished and the other retained II
for instance, the Legislature should change the
and jurisdiction Of inferior Court, why should not
the Judge be retained and new duties appointed to
che judge?
Is the wish Of gentlemen that the Judges shall be
removable at the pleasure Of the Lcgisaurei n the
be not during good behavior there is end OF
all hope that adequate talents be procured for this
office. Was il not very clear that there Will always he
sufficient judicial duties for the Judges which may be
appointed
ij,; is it thought the Legislature will not remove
the judges. Let them look to what this Convention
Is doing. Does il not at blow remove all the
Iudses Of the Commonwealth
Were gentlemen aware of the effect Of these names
Of privileged orders anil sinecurists' Won first enticc
gentleman Of the bar from his profession and place
him on the bench, under the promise of holding his
Office during good behavior. What injustice do you
no, do him. by turning him loose society, and brand
ing him with the Oduus of sinecurist, and Oi
belonging to privileged ordrr'
" the present provisions for removing Judges do
not make the Judges sufficiently responsible they
be altei ed as better effect the object without
leaving II ~ the power Of the Leg stature remove
the judges, SIMPLY by abollsling the court.
MIR. liLEs expressed his profound respect for Mr.
MARSHALL, and the opinions he aimed lie always
doubted BIS own conclusions, when they differed from