Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-12
RTCHI0yVD, SATURDAY,, DECEMBER Il



two las, days in discussing the Judiciary Department
On Thursday, the mode OF electng the Judiciary
very much debated and the Committee finally set
tied down upon the resent arrangement. viz: joint
ballot, but rira roee) vote OF the Legislature. The
appointment Of ,ei.ates no, given to the Govern
or by ard with tho ddDice Of the Senate, the nomi-
na,icn Of the county cours.The resolution declaring
hat the commission Of the present Judges should
after the Constitution into OPERATION was also a.
dopied.
Yesterday, the great question of the Independence
of the Judiciary fully and ably discussed 1t came
on upon a motion Of Mr.. p p. Barbour to strike out
much OF the lat Re'oIu ion, declares that the mo
dhcaion abolition Of any court shall not remove
the Judge from ofIce-and after being discussed by
other gentlemen. finally argued pro and con, by
Mr.. Tazewe!l and Chief Justice Mar.hall. Both OF
these gentlemen sroSe several times and with great
animation and lorce. Finally, the question
ried against Mr.. Barbout's proposition.
i On Mr. Doddridge's motion, all the Resolutions OF
the Select Committees, as amended by the Committee
Of the Whole were ordered to be printed-wh the de-
sign of giving coup d all view Of the whole.
The Convention held their session for tho first time
in the Fret Baptist Church-whch, being carpet,ed
for the purpose AMI constructed in ocular
seems sufficiently well calculated to convey sound to
| advantage.
SKETCH THE PRocEEDINGs OF CONVENTION.
THURSDAY, Dec. 10.
The Convention met at III O'clock and opened
with prayer by the Rev Mr.. Crees OF the Episcopal
! Church.
On motion OF Mr.. SUMMERS, the report Of the com-
mee charged with procuring a suitable house for the
fittings OF the Convention was taken up and after
conversation, in u hch Messrs Summers, Powell and
Clayton took part, Mr. Campbell of Brooke added TO
the Committee and they directed to prepare ac-
commodations for the Conve nton IN the First Baptist
Church; and it resolved that when the ConV en-
ton adjourned, it would adjourn to meet in that place at
III oclork
The Convention then went into Committee OF tie
Who Mr.. GORDON in the Chair, and resumed the
consi ration of the Report of the Judicial Committer.
AMI the I'd resolution Of that report having been read
as follows:
Resolved, That the present Judges Of the Court of
Appeal, Judges OF the General Court, and Chance
remain in office until the expiration Of the FIRST session
Of the Legislature, held under the new Constitution,
and no longer. But the Legislature may cause to he
paid such of them, shall not be appointed such
"a, from their age, infrmes, and past services
shall be deemed re ason bile.
Mr.. HENDERSON moved TO strike out this resolution
incompatible y.i. The doctrine laid down in the
7th and Sh resolutions of tho same Committee: The
first of which provided for Judges being and
removed upon conviction, and the last required vote
OF twothirds of both Houses Of the Legislature
clude them from office. These provisions covered
the whole ground; and why should such me asure a.
this he thought Of? il at least wholly useless; ant
if 20. why should il be done! it uneeing and un
advised He trusted the House would strike IL out
He that discomfort existed in relation Ia
Of the judge, and he had himself participated in
it to considerable extent: but he trusted that our
Judges would he put the same footing with othe
officers not Justice Of Peace, not Constable could
have a hair Of his head touched without crime being
proved against him: but here, at sweep, all The
Judges and the Chanceors were 10 lose their off 20
end That without any fault being proved pretend
ed against them. He trusted il The Judges had done
no wrong, and capable of dischareing their du.
ties that they would be left where every other office,
, | under tic Government was left.
Mr. MORGAN, having ascertained from the Chair
that such motion would be in order, moved to amend
the resolu'io", by striking from il these words 40 But
the Legislature may cause 10 he paid TO such Of them
shall not be appointed, such as. from their
inbrmi'rs and past services, shall be deemed
sonable."-The clause was unnecessary--as the Lee
gisature would have this power without IT, The Con
venton would not that the Judges are old and
nfrm, or TO presume that, of course they would not
be re-appointed As TO removing all the Judges from
Office. they might well all members of As.
semby. and all Executive officers under the Govern
men they have power to re-organize the whole sys-
tenn. He was in favor Of reainng the first clause.
Mr.. MORGAN consented for the present, to withdraw
his motion AT the request of
Mr.. ScorT, who moved 30 amend the last clause by
striking out the word ''may" and inserting the word
shalI," az TO make IL imperative the Legislature
= 10 pay reasonable sum TO such Of them moi
appointed and whose age and inhrmiiies might
v quiTe u.
Mr.. Scorr had offered The resolution in the Judicial
ry Committee. He had thought, and did still think,
that great Inconvenience attended the system row in
n operation: and he not singular in that opinion
fe wished TO put il in the power Of the Legislature to
remedy all evils that grew out Of il. While he thought
that the Judges might be removed from office the
resolution proposed, he also thought IL fair that they
should receive some compensation. He considered
Judges standing in very different relation 10 the
People, from all other public their Offices had
been accepted under contract, that they should
then. during good behaviour: and though they were
appointed under the existing Constitution, and when il
abolished their Office ceased with H. vet they has
had such evil in view when they accepted their ap
poinmen' and though the people had. in strciness
legal right 10 remove them, yet moral justice rcqur
ed that this should not not he done without some rom
pensaiion beinl made 10 them. Unless the amendme nj
should be adopted, he should against the resou
ticn.
The question being taken, the amendment wa, re
jecied.
(Mr. MADISON and Mr.. Marshall voting in is
favour)
Z: Mr.. MORGAN now renewed his motion 10 strike on
z the latter clause. lie said that Mr.. ScoTTs whole
argument had gone 10 prove either that The Judges
should not he removed, that they should be allowed
their whole salary during life But the Judiciary Com
rniee had been OF opinion that the whole judicial sys
cd. No attack intended on their Independence
II any in office should not be re.appeinisd Ger.
tainlY the Legislature ought 10 make provi<io1 for
them: hut IL perained 10 the Legislature not TO the
e Conve nton.
e The question being taken on Mr.. MoReAN's motion
. it wac decided in The negative.
AYES 39-Noes ~.
4 (NTr MADISON and Mr. Marshall. no)
So The Committee determined 10 retain the clause
compensate old and inftm judges who lose their office
by The adoption Of the Constitution, and re-
; appointed
Mr.. DODDRIDGE moved N amend The resoluti,n by
u striking out the word "hed" and inserting The vor
"electoU,' to make il resd, "Rcsolved that The
prssep' liEcs &C. reman in Office until Tie evnira'cr
OF The first session Of Tie Legisaiure elccird under he