Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-29
era,n Of the tribunal provided by the prescn, Con


Led ,ccurred: the trial of Judge Chase. lIe did
~ moan to discuss TIE merits OF tina, He did
nut ceve however that the result OF that rial had
Irpvci that the Senate OF the United States was the
Inlt lii tribunal that could be found. That trial
u1l,uhtcdy did arise in differences of party feel
gs. Questions of law of The highest character did
there arse IL IS therefore necessary TO have legal
talents ON the trial. whether the prosecution arises
from Party political feeling, or otherwise.
NJ Nici ,LAs slil lhi m15t m tture reelection he
could give this question, had brought him a con
c!usion adverse to the amendment. He said the
question had been discussed in the Frderast, with
the most consummatc, ability, and the result then ar
iVcd at was that II would be incX?cdient to call 10
tho aid Of the Senate tho Judges
Mr.. N. then stated some OF tho arr,,ments 70 no
iodnd IN the Fedcraist end said that his reflections
brought nm to the same conclusion. But said Mr..
y. who IS this tribunal to try Judge. Woud it he
eNpedicnt To bring the very men who have the same
interests and'teeiings to try him. He nstanced the
case OF the Jury trial map would not be an impair
uai Juror he interested in the principle to be
SeGaeu lie thought the trers ought not only to be
oiSntcrestcd, but like Caesars wife, unsuspected
The Senate would be a highly respectable BODY
rom on parts oi the S,ato that intelligent body
IKE tnis with the aid of tho legal advice, furnished
on ooth SIDES OF the prosecution. would be fully COM
pc'ent to decide. lie thought the provision of the
present Constitution very detective. 1t was an
aHomay' Inc very argument of Mr.. j. prcsupposos
thnt there VIII be esprit dr corp NJ all events II
VIII be thought there is. II vas better to disrense
with the presence OF the Judges, than TO fence them
round with safeguards against this esprit du corps
ne was as friendly TO the ndcpr ndcnce of IudpcS
any man, but he jbouSht they ought To be nmenabe
10 the laws Some regard ought To b. had TO pub
TIC opinion; and will the people have confidence in
tribunal composed IN part Of The Judges themselves:
iie was for obviating the camor which would proba.
bly, arise against the Judges
The ayes and noes were ordered.
AYEs-Messrs Johnson, Duncan, Peasants, Rose.
NOES Mcssrs. P. p. Barbour, Jones, r. w
Leigh, s. Taylor, Giles. Brodnax Dromronle AL
ezander Goodc, Marshall, Tyler, Nicholas, Clop-
tom, Anderson, Coiman Harrison. Wlhamson
Baldwin, MCoy, Moore Bcirne, Smith, Miller
Baxter, Mason, Trezvant, Claiborne, Urq',hart
Randolph, w. Leigh Logan, Vcnabte. Madison,
) anard, Holiday, Mercer, Filzhugh, Heude son,
Osborne, Cooke, Powell Grgrs, Mason. Navlor.
Donaldson, Boyd, Pendleion, George, Mc:illan
T. Campbell, Byars Roano. w. Z. Taylor Morris
Garnet, Cloyd, Chapman. Mathews, Oglesby Laid.
Icy, Summers, See, Dodlrdg', Morgan, 4. Camp
bell, Wilson, j. =. Barbour, Scott, Macrar, Green
Tazewel., Loyal, Prentis Grigsby w. Campbell
ClaytOr, Saunders, Branch, Towues Cabcll Martin
Stuart, Gordon, Thompson Ma, ,ie. Bates Nealc
CoIlter, Joyncs. Bayly, Perrin, I'm hir-93
80 the amendment was not agreed o.
The 18th resolution was then in order.
Mr. Cooke moved To pass II for the present, as he
wished to move an amendment. The motion was
agreed to-
The 9Th resolution was then in order.
Mr. LErGH proposed TO lay i on the table which
was carried.
Mr. HrNnrRsoN then gave notice that he should
on Monday, move to reconsider he vote on the mode
ct eec,ng the Governor and should, If that motion
was carried. an amendment. which he read 10
the Convention, and which was ordered to be prn-
ted.
This nnend.n mt viii he found in Mondays
proceedings
Mr.. HENDERsoN said he was in favor oftho mode
of eecing the Governor at present adopted but he
willing 20 surrender his preference if that would
produce any thing Tx" unnanlmty, upon the question
Of the basis of representation.
Mr.. NsALE then offered a resolution as Il compro-
mise.
II: will be found in Noniay's proceedings
They were laid on the table on motion Of lIr N,
and ordered to BE- printed.
Mr.. CpoKE thcn offered n substitute FIR the
1st end, 9TH and Gth resolutions tie following
lutions:
I. The Judicial power shall be vested IN Su-
prone Court of Appeals in General Court. IN such
Superior Courts the Legislature shall from time
10 time ordain and establish in tho County Courts,
and in the Justices Of the Peace who shall compose
the said courts The Legislature may also vest such
jurisdiction shall be deemed necessary in corpora
ton courts, and in the Magistrates who may belong
TO the corporate body The jurisdiction Of these
tribunals shall be regulated By law.
q The Judges of the Court Of Appeals, of the
General Court and Of the said Superior Courts
shall hold their Offices during good behaviour, un
til removed in the prescribed in this Constitu-
ton: and shall at the time hold other office,
appointment public trust; and the acceptance
thereof nv either Of them shall vacatc his iudical
Office. The said Judges shall 10 bound to perform
any and all judicial duties imposed them, from time
20 time, by law, whether as comm 7n-law Judges or
Chlnccors, both.
g. The Judges OF the Court Of Appeals, Of the
General Court and Of tn Superior Courts, offend
ing against the State, either by mal-adminis ation,
corruption, neglect of duty, or by any other crime
or mis- lemeanor, shall be impnachabo by tle House
Of Delegates; such impeachment TO be prosecuted
before the Senate. Ii found guilty by two thirds Of
the whole Senate, such persons shall be removed from
Office, and any Judge impcached shall be suspend
ed from exercising The functions Of his Office until his
acquit,al. or until the impeachment shall be dscon-
tinucd or Withdrawn.
i. That Judges muy be removed from Office by
vote Of the General Assembly, without the assign
ucnt Of any cause whatever but two thirds OF the
Uhole number of each House must concur IN such
vote"
Which were lad Oh The table aud ordered TO be-
printed.
Mr.. DoppnipsE then offered The following rcso-
lution
'Resoired, That all thc resolutions adopted by this
rOnvcn,ion and proposcl n h. be relcrrcd ~ 80