Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-29

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ties had decayed, could never be removed. witbon,
producing feelings in the breast of the Judre ,ybich
should be avoided He would believe that his conn,
try was unjust and the of the resolution ,c.u
ated by improper motives On the contrary IL Tho
Judge knew he was to retire at fixed time. hn
would make arrangements to meet the event J,here
was time between the age OF 65 and 10 when tho
faculties generally sink. This was the general rule
and he was for limiting the office to 20 wears of
lie was opposed to Mr. Henderson's amendment he
cause 1T would cause in the Legislature strnpnle
tor disappointment, and failure would produce the
same feelings inthe Judge which he wished to obva,c
Dir. JOHNSON was opposed to the amendment and
the amendment to it.
The amendment to he amendment, was calculated
to inlpair the Independence of the Judiciary n
WOULD induce the Iudr TO look forwor I'd 70 tho nor;
OF his reappolntment, ~ thus influence his decisions
Tho amendment itself he thought would be riurious
TO the country If 1t operated 10 exclude th, fr.t
order OF talents once III century, he thought it
would produce more evil than rood. The services
OF such man as Pendleton, n Spencer or n Roape
were invaluable. Besides he thought it would ,nnr
ate most unJStly unless saary were to BIZ sriven
TO enable Judge to lay up suiicency for his ft-
ture stpport-but this Ii is Well known Vrrnia does
not intend TO do. VIII You drive him to tho necessi
ty or mstsucting the youth of his country for his
support-trulya noble occupation for The best aents
from that contemplated by Mr.. Thompson. it Will no,
have the effect to stimulate his exetions but 10 draw
oil his attention, AMI direct his exertions to LAYING nm
a support tor his family, &C. u would have this fur
tLct evil eA'cJ. III Judge become DarnytIC five
years before his time will expire the Ieoisature viii
not be disposed to remove him, but wait the time
Another difficulty mentioned by gentlemen would
not be as great as they imagined. The knowledge
that the Legislature had the power 10 reno re- would
operate upon the Judge himself and upon his friends
lie would resign, or they would force him to RESIGN
to avoid the intericrence OF the LerisIature
MIR. Tao5rPsoN said he thouglt the retanius on
the Bench, one superannuated Judge greater evil
than the removing many competent Judres--for YOU
may get men to supply the places of he latter, but
the evil done by the former is rcmedirss. He belize
we'd, If the faculties of the J,Itlne were unn,nared
he will not be turned upon the commons 10 starve
but you'd be employed in some station fitted for
them, or could return to TIE bar and obtain supuort
Dir. SFAHaRp said it was surprising, that Mr.
Thompson should have made no allowance for the
effect, that the instance OF New York had produced
onthat system The most odicus ofal judicial systems
is political judicial system. Is it not principle
Prior 'hat J"dicia office, for term of years
dependant upon political services Need we stop
here Have we not the fact before u.s. Look at the
political condition of New York Have Won not
seen that the Bench in New York, has become polt-
zeal missionaries and partzanss That the Convention
of New York was called to iuflict upon the Judges
Judicial conduct.
And yet the gentleman wishes to introduce worse
than adependant--a political judiciary. Why should
general rule, which always works indivduawr be
introduced, when you have rule for individual on
Grafton, Which viii effect the object desired and
work no evF An itnbecle Judge viii be takes from
friends, without the exercise of legislative power.
Inc amendment to the amenden, was not ca rried.
Phe question was then taken upon the amendment
and the ayes and were called for and ordered
AYEs.-Messrs. Anderson, Cofilnan, Williamson.
MCoy, Beirne, Smith, Baxter, Venabe, Henderson,
Cooke, George, III MILAN, Campbell of W., Byars
lloyd, Chapman Mathews, ogleshy, Doddridgc,
Saunders, Cehe, Martin, Thompson, Upshur-27
NcEs.-fcs9rs. Barbour, (P.) Jones, LEIGH of c..
Taylor y, OF c., Giles Brodnax, Dromgoole, Alexan-
der, Goode, Marshall, Tyler, Nicholas Clopton
Harrison, Baldwin, Johnson, Moore, Miller Mason
OF s., Trezvant, Claiborne, Urquhart, Randolph
Leigh OF H, Logan, Madison, Stnnard, Holladay
Mercer, fitzhugh, Osborne, Powell, Grggs Mason
OF f., Naylor, Donaldson, Boyd Pendleton Roane
Taylor of Car, Morris, Garnett, Duncan, Laidlcy
Summers, See, Wilson, Barbour of c., Scott, Ma
craze, Green, Farewell, Loyal, Prents, Grgsby,
Glaytor Branch, Towns, Stuart, Peasants, Gordon
Perrin-69 ~
So the amendment was not carried
Inc question then REQUIRED upon the LIST resolution
as amended
lutions on the table, to give time for the offering
proposition which he believed would be acceptable
to the Convention.
And they were then laid on the table.
The Cd resolution was then taken up and consi-
dered.
Mr.. DoDDRrDGE moved TO strike out the words
except justices Of the county courts and the alder
men, or other magistrates Of corporation courts"
Inc resolution was then agreed to.
The 18th resolution was then taken up and agreed
to.
The 5th resolution was then tsken nm mud oar,;
dered.
Mr. UrsEUn moved to strike out the words s.yyhep
vacancies shall occur in any cou y, or it shall from
any cause, be necessary to increase their number,
appointments shall be made by the Governor on
the recommendation Of their respective county
courts, and substituting provision which propo-
ses to divide the county into wards the qualified vo
tors in each ward to pass upon the persons nomlna-
ted by the court for magistrate, and if the voters
do not Ike the nomination, then they to recon-
mend some other person. the Executive to select be-
tween the two.
Ny UPsHUR addressed the Convention III favor Of
his amendment He said re had no objection to the
county court system in It's practical operation but as
some were greatly dissatisfied with its theory and
he did not himself wholly approve it, he offered
th5 plan. goinr to rcInoEe i'm q nrnal darree lhn