Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-12
udneut were provided for already. except that of in.

a
their official conduct alone.
Mr.. Jor MES moved to strike out the word "insol-
veucy." Which carried.
Mr. CLAYroR moved toamend,b adding the words:
cor ncapaciiy Tor the discharge Of the duties Of their
: Office"
The amendment was negaved.
The question being then taken on Mr.. MAcRAE's
amendment, II was rejected.
(Mr. Madison. aye: Mr.. Marshall, no)
The committee then took Zip the remaining reso.u-
tions cf The Judicial committee. which wero passed
without amendment. and are as follow:
Ieseive1. That the Clerks Of the several Courts
shall be appointed by their respective Courts and their
tenure of offi,e be prescribed by law.
Resolved. That the Judges OF the Court Of Appeals
and Of the Inferior Courts, o;ndng against the State
either by mall administration, corruption, neglect
duty; or by any other high crime or misdc M amor
shall be Improbable by the House Of Delegate, such
impeachment to be prosecuted before the Senate. ff
found guilty by mao,ity OF two-thirds OF the whole
Senate such persons shall be removed from Office
And any Judge so impeached, shall be suspended from
exercising the functions Of his Office until his acquit,ai
or until the impeachment shall be discontinued or
Re.oiDed, THAI Judges may be removed from office
by vote OF tn. General Assembly, but two.hirds Of
the whole number Of each House must concur in such
vote, and the OF removal shall be entered the
journals OF each The Judge again.t whom the Legs-
laturs about TO proceed, shall receive notice
accompanied with copy OF the alleged for hi.
removal, at least twenty days before the day which
either House Of the General Assembly shall there
upon:
On motion of Mr.. CAarpDELL (of Brooke, } the com.
mittee then rose. aud the House adjourned.
FRIDAY, December IL.
The Convention met in the First Baptist Church at
IL o'clock, and its sitting opened with prayer by
the Rev. MIR. Croes ofthe Episcopal Church.
Mr.. Campbell, from the committee appointed to
procure House for the sungs of the Convention,
male report in part
o. motion Of Mr.. SUMMERS, the Convention pro.
ceeded to the appointment, OF an additional Dootkeepsr.
rendered necessary by its present situation and NJ r.
George x. Myers was appointed without opposition.
The Convention then went Into committee Of the
wteie, Mr.. GORDON in the Chair and the report Of the
Judicial Committee being still under consideration,
Mr.. j. y. BARBOUR moved to amend the Let Re-
solution of the Report by striking hereirom the follow
ing wordno modification abolition Of any shall
be construed deprive any Judge thereof OF his cfce
but such Juge shall perform any judica! duties which
the Legislature shall assign hn."
Mr. BARBOUR sad he had no idea Of OBTAINING the
committee with any argument large the suffice,
OF rhe amendment being fully sensible that the condi-
ton OF the committee and the value Of every hour
its time alike forbade IL: he should state concseIy
two three e the reasons which hailed him TO Offer
the amendment and add few remarks on the general
subject He was aware that the iestion ne ssa
riiy involved in some difficulty Hs took il for gran,
ed tho object intended by the clause he had moved 10
strike on, wa.,t' gaard against an evils happening in
Virginia which had occurred iscwhere and which
attended the possibility that the Legislature, when il
should find itself unable either by mpe ment or nv
vote two third. OF The members Of both II
get rid OF an obnoxious or unpopular Judge might at
tempt 10 effect the object by sbol.hng the office which
he held, and the arguneats in favour Of the provision
had reference 70 memorable ease which happen,I
about twenty years since. the circumstances of which
he should rot stop TO retrace: but would proceed 10
remark upon the apprehendrd difficulties.
Ii was certainly tue that there wa, p0ssiJiJit,,
that the Legislature OF Virginia might pursue such a
course: he believed it to be true that course OF conduct
very like it, had been adopted in Maryland. and in Ken
lucky, and that there considerable excitement in
the public mini upon the subject But il the mere
possibility OF abuse was 20 be relied agum nj
in lis naked. unmoiihed, Unqualified shape, then not
power at all, could be conferred by the Cons rtion
for all power, in human hands was table to abuse
Hutii II vas only said that this principle ought 10 CO.
vrrn in the distribution Of power, viz: give il
where there a strong and reasonable probab ~
o its abuse IL The abuse only possible and the
advantage 10 be derived from comforting H. were grea
enough 10 compensate for running the risk, then il
ought 10 be conferred As TO Kentucky, lie spoke
douhuiy aud not from full knowledge, bat he believed
that atera period OF great but Temporary excitement
the sound sense of the rejecting part OF Tia. Commr
nifty had eventually prevailed. La Virginia, however
without claiming any peculiar exemption from evil as
peculiar 10 her citiz Others he had suppose I'd
that there sedateness OF character and & ed
ness OF habit, sense Of proprie,y-a moral sense-a
regsrd 70 reputaion and consciousness OF response
bily TO the people. which would prevent, such an
abuse from ever taking place. Let me end-avonr to
rhew the Committee what will be the Of retain
ing the clause in question. declares that modi
fcaion abolition Of any Court shall be construed "a
deprive any judge thereof Of his office; bu, such Judge
shall perform any judicial duties which the Legislature
shali assign him.. Suppose that in the progre of
history experience 1T shall be found that certain co,irt
presen' recognized by our judicial system in e
fectu:eless, or worse: but that a organization
the system il should be found that there remained
more judges than could he bencfciaIIy emploved tbi,
provision il LEFT 10 stand in the Constitution will pre-
vnt the Legislature from Kidding the state of the K
isting evil. Let me illustrate this for one moment
Lett suppose q do not cay il is my opinion that tn
Legislature ought but they might, and II i. supposabIe
that they might consider IL correct aud might wish &c
do such aathng) let supro'e in reference to the SUI
preme Court Court of appeals that of enjon-
ing the Judges to through the State, performing Mis-
Prins circuits and having the adIged in bat
at the seat Of Government should choose to conne IL
e'ions this PLAN and should thereby dispense with the
seiices OF part oil the Juges: let suppose thai
TIL should undertake, hiss been much talk I'd OF lately
10 unite chaDcery and c6inon law jurisdiction: all the
Chancelors would at once become unnecessary.
could imagine otef cases, but will not detain tn,
committee quoted these merely 10 illustrate the
position that ought not, Of fear that the Legs.
iaiure may do wrong, so tie up their hands as to pe
vent them from doing right. II the Legislature in lis
WISDOM should bni that there nure Judges than
can be usefuy occupied and wishing To remedy ia .
case, this provision puts Of their power None
presume intend that any individual shall receive
the emoluments of an Office which does not exist n
we could bring ourselves to suppose that the Lsgisi-
ture ont Of ? onness w iud yaca, A Judge nv
the abolition OF his Office, ii would doubt be gre
evil: bu, would il be greater 10 say that thew aha
not abolish the off &c eH;rtualy, because the JUDY.
must still remain in office? submit to gentlemen se
ther This would not be The greater evil OF The two!
believe that prac 'a danger Ik. tha, suggested
IL al all 10 be aPprehended: believe that the
by Of the representative aud his re ard 10 ruuiston
that the character Of The people Of Virginia and its Lee
gsiaion, authorize to say that such thing ia no
possible. Surely ought not from apprehension OF
any such danger 10 great and positive vii
IL has been suggested, however that the end NAV he
attained by what is provided in the 9Th resolution That
resolution reads "ResOiDed That Judges NAV be re-
moved from Office by vote OF the q neral Assembly:
but two-thirds Of the whole number Of each House
must concur in such vote, and the cause Of removal
sh,l be entered on the Journals Of each. The Judge
against whom the Legislature is about proceed all