Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-28
CONVENTION.
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first resolution of the Report Of the Judicial Com
mittcc amended.
Mr.. THOMPSON moved to amend, by inserting after
the words "shnl his judicial Office" the words
''but no person who shall have arrived at years
OF age shall be appointed to- continue in the Office
Mr. THoSrsoN said he did not think it necessary to
go fully INFO the argument as that had been already
exhausted. Mr. T. alluded to the States of New
York and others, who had provision of this kind;
and although New York lost by it Kent and a
Spencer yet their places supplied and we'll filed
Experience had proved, that after 65 or 10 years
OF age. man was not well fitted before, If not
by decrease of intellectual ygor at least by physical
debility; and it is we'll known that considerable phvsi-
cal power is necessary in Virginia to act as Judge.
Mr.. HENDERSON moved to amend, by adding the
following words 'unless lie shall be elected by the
Legislature III which event he NAV serve for
years more, and no longer"
Mr.. POWELL. suggested that tic 9Th sectios would
perhaps effect the object desired by Mr. Thompson
1t provides that the Legislature by concurrent vote
OF two thirds of both Houses, may remove Juhne.
Mr.. THOMPSON thonght not. The removal by the
Legislature would always be an invasion of power
lie SAID that the amendment of Mr.. III. would defeat
his object.
MIR. LEIGH said, the periods at which the mind of
man began to decay, was as various the color of
their eyes. lie then nstnnced Lord Mansfield who
did not retire from the Bench till the wear 1908
when he was 90 years of age, and that he did not
then retire from any decay of mind, but defect of
sight. Mr.. Leigh SAID he had referred to the list
OF Judges IN the Courts OF England, as far back as
Judge Holt, and that it was astonishing considering
the immense business they transacted to see how
many VI them were over 20 years of age Mr. L.
then spoke of Chancellor Wythe and Judge Pendle
ton, the latter of whom, al the time of his death
when he was 81 years of age, possessed all his facu
ties unmpaired. He also spoke of Judge Roanc
VINO died at the age o. 90, with faculties more yiro
rous than they ever were before.
Mr. LEIGH also spoke of the operation OF the
Constitution of New York. and said that the present
Judges were greatly inferior to those removed. Mr..
Leigh attributed this Interiorty to the operation of
the principle mentioned In their Constitution. Mr. /
Leigh said althouhh he agreed with Mr. THOMPSON
that the removal of Judge by a vote of the Ieqis-
lature would be delicate operation, still he thought
1t the proper provision and sufficient security
Mr.. A. CAMPBELL said the question resolved it.
self into this, shall fundamental law be fixed upon
few exceptions to general rule, or upon q
general rule, and instanced the case of 81 years
which we're fixed as the period of majority.
Mr.. VENABLE believed that Judge whose facul-
ties had decayed, could never be removed without
producing feelings In the breast of the Judge which
should be avoided. He would believe that his coun-
try unjust and the mover of the resolution acu
atcd by improper motives On the contrary, if the |
Judge knew he to retire at fixed time. he |
would make arrangements to meet the event There |
time between the age of 65 and 70, when the |
faculties generally sink. This the general rule
and he was for limiting the Office to 20 years of age
He was opposed to Mr.. Hendersons amendment, be-
cause it would cause in the Legislature a struggle
for disappointment, and failure would produce the
same feelings in the Judge which he wished obviate
Mr.. JOHNSON was opposed to the amendment, and
the amendment to II.
The amendment TO The amendment, was calculated
to impair the independence of the Judiciary It
would induce the Judge to look forward TO the period
Of his reappointment, g. thus influence his decisions
The anerdment itself he thought would be injurious
TO the country. If it operated to exclude the first
order OF talents once IN century, he thought it
would produce more evil than good. The services
Of such man a Pendeton, Spencer or a Roane, l
.I,,ob1 h., a. 10
ate most unJustly, unless saar were to be given,
to enable Judge to lay up sufficieAcy for his f-
turo support-but this it Is well known Virginia does
not intend to do Will you drive him TO the necess-
ty Of nstructng the youth Of his country for his
support-truya noble occupation for the best talents
of the country. The result will be totally different
from that contemplated by Mr.. Thompson. it will not
have the effect to stimulate his exerons but 10 draw
off his attention. ami direct his exertons to laying up
q support for his family. &c. II would have this fur
Their evil effect If Judge become paralytic Ave
years before his time will expire the Legislature will
not be disposed to remove him, but wait tho time
Another difficulty mentioned by geHtlemen, would
not be as great as they imagined. The KNOWLEDGE
that the Legislature had the power to remove would
operate upon the Judge himself and upon his friends
IIe would resign, they would force him TO resign
20 avoid the interference Of the Legislature.
Mr THOMSON said I've thought the retaining on
the Bench, one supornnnuated Judge q greater evil
than the removing many competent Judges-for you
may get men to supply the places Of the latter but
the evil done by the former is remedes5. He belle
we'd, If the faculties Of the Judge we're unmpnircd
he will not Returned upon the commons to s,sryc
but would be employed III some station fitted for
them could return to tie bar aud obtain support.
Mr.. STAEARD said 1t was surprising, that Mr.
Thompson should have male no allowance for the
effect that the instance Of New York had produced
ntha system. The most odious Of ell judicial systerg
is a political judicial system Is it not principle,
prior, that the Judicial Office, for term Of years Is
deuendant upon political Services, Need we ston
here Have we not the fact before US, Look a. Inc
political condition Of New York. Have you not
seen that the Bench IN New York, has become pollt-
ical sionares and partizanS That the Convention
of New York was called TO n6lct upon the Judges
opposed to the prevailing party vengeance for their
judicial conduct
Aud yet the gentleman wishes to introduce worse
than odepondant-a political judiciary Why should a
general rule, which always works individual wrong be
Introduced. when You have rule for individual OPP
Grafton, which will effect the object desired and
work no oyR An imbecile Judge will be takes from
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