Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-10-29
VIRGINIA CONVENTION.
IuRsDAY, Oct. 20.


Church
MIR. Marshall, from the committee on the
Judiciary Department Of Government, made
the following report from the committee:
l. Resoiptd That the Judicial power sh all
be vested IN n Court of Appeals, ia such Int
rior Courts n the Leg stature shall from lime
IN time. ordain aud establish. aud IN tue Coun.
ty Courts. The jurisdiction ofthese iribuna Is
snail be regulated BY law The Judges OF the
Cour, Of Appeals aud of the Inferior Courts
shall hold their Offices during good behaviour
or until removed IN the manner prescribed
in this Constitution and SNAIL nj the same
T. me, hold 10 other Office, appointment, or
public trust aud he acceptance thereof by
either OF them, shall vacate his judicial Office :
no modification OF abolition of any Court shall
be construed 10 deprive any Judge thereof, oil
hi. office, but surh Judge shall perform any
Judicial duties which the Legislature shall ms.
sign him.
2. Resoirsd That the presen, Judges OF h
Court OF Appeals, judges ofthe General Gouri
and Chancellofs. remain 10 niliee until the ex-
piration of the first session oil The Legislature
held under The new Constitution, aud no longer
But the Legislature may cause To bt paid 10
such Of them n shall not be re.appolnted such
sum ms, from their age, infrmiles and past SER
vices, shall be deemed reasonable.
3 Resoirtd, That Judges of the Court of
Appeals nnd Inferior Codris except Justices Ut
the County Courts, and the Aldermen or other
Magistrates OF Corporation Courts, shall be
elected by the concurrent vote oil both Houses
ofthe General Assembly. each House voting
| separately, aud having negative on the other
| aud the members thereof voting rlUa U0ce. 1bf
| votes Of The members shall be entered on The
Journals OF their respective Houses. Should
thu Two Houses in any case fail TO concur IN
| the election of n Judge, niter the Go.
| vernon shall forthwith decide the election, by
appointing one of two persons who 6rsi re-
| ceyrd ma orily OF votes IN the Houses III
wnirh they were respectively voted for. Bnl
if any vacancy shall Occur, dufin. the roress
OF The General Assembly, the Governor, or o.
Their PEI son. performing the duty OF Governor,
may appoint person IL I'll .nch vacancy, who
shall continue in Office unli the end of The
mex sucCeedng session of the General Assem-.
bly,.
d Rtsoiped, That the Judges OF the Court
of Appeals. aud OF the Inferior Courts, shnll
receive Gsed and adequate sam es, " Ieh shall
not DO diminished during III continuance in
office.
g. Resolved, Tha, on the creation Of any new
| county, Justices oi the Peace shall be appoa1-
ted. in the first instance, rs may be prescribed
by law. When vsuaueies shall occur IN any
county, or IL shall, for any cause, be deemed
necessary 10 increase their number, appoint.
lnents shall be made by the Governor. by and
| with the advice and consent OF The Senate. on
the recommendation Of their respective County
Courts.
q Res0iUed, That the CLERKS Of the several
Courts shalt be appointed by their respect i've
Courts. and their tenure of Office be prescribed
by law.
Z. Rtsolred, That the Judges OF the Court oi
Appeals and Of the inferior Courts, Offending
against the State, either by INSTRUMENTATION
| corruption ar neglect of duty, or by any other
| high crime or misdemeanor, shall be inpeacb-
able by the flouse Of Delegates such impeach-
meni to be prosecuted before The SenBte. II
found guilty by majority. OF two thirds of
| the whole, such persons shall be removed
| from Office, And any Judge so impeacbed
shall be suspended from exercising the func
tons Of his office un his acquiI,el or until the
| impeachment shall be discontinued or with
! drawn.
| 8. Resoired, That Judges may be removed
from Office by a vote OF the General Assembly
bui two thirds of the whole number OF each
| House must concur in such vote, and the
cause OF removal shall be entered on the Jour
mails OF each. The Judge against whom the
Legislature is about TO proceed, shall receive
notice thereof, accompanied with copy oil The
| causes alleged for his removal, AT least twenty
days before the day on which either House oi
the General Assembly shall act ihsreuPon.
The report having been rend. on motion oil
Mr.. MARSHALL, it was laid upon tho table
Mr.. Giles, from the committee on the Exec.
uiive Department Of Government, made the
following report which WAS read, aud on his
motion laid upon the table.
The Committee appointed on the Executive
! Branch Of tue constitution have, according IL
order, had aoder consideration tho subjects
referred to them aud have come to the fol
lowing resolution ,hereupon
/. ResoiUed That The chief Executive Office
of this Commonwealth Dug lat 10 be vested IN d
| Governor.
2. Resoioed, That there ought to be appoin.
ted Lieutenant Governor of this Common
wealth.
| 3. ResoIred, That the Executive Council, a,
al present oIganlzed, opgbt 10 be abolished anc
that il is inexpedient 10 provide any other Ex
ecutve Council.
| 4. Res0iued That in case of the removal oil
the Governor from Office, or OF his death, re-
| signaion, or inability TO discharge the duties
and powers OF his office, the said powers and
duties shall devolve on the Lieutenant Cover
nor and the Legislature may provide for tn,
case Of removal, death, or similar insbili y o
the Lieutenant Governor
! b. ResOfued, hat the sbcrits oil the dihcren
! Counties ia the Commonwealth, shall hereaf
ter be elected by the voters qualified to yot,
for tho most numerous branch Of the Legisla
ture.
.. R,soiued, That the commissioned officers
! Of Militia Companies be nominated to the Ex
scu,ive by majority Of their respective com
| panies.
Z. Res0iUed. That the field officers of regi
menis be nominated 10 The Executive by MA
jority ofthe commissioned officers of ihoir res
peciiys glments.
! 8. Res0lged, That no pardon shall be gran
ted in any case until after conviction OF judg
| ment.
Both reports we're subsequently ordered Il
DO printed.
Mr.. Giles farther stated, that he was insru,
ted by the committee 10 ask that they be d
charged from the farther consideration of ia
subjects referred to them, and he made the mt