Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-31
THE COURSE OF THE CONVENTION.

Legislative abolition or modification of his Court-and
al the proposition for sweeping off all the present
judges by the operation Of the proposed constitution So
much Of the Resolution allows comp TO the
aged aud infrm Judge, s<c.was stricken out-but SC
much cancels tL,r coumi.sion at the expiration Of
the first session OF the Legislature adoptcd-IIav
ing thus gone through the Judiciary Report, the
luton Of Mr. Doddridge accepted, for appointing
Select Committee reduce into order, all the Resou
tons which had been adopted by tho Convention.
Yesterday morning, the Chair named this important
Committee, Mcssrs. Doldridgc, Madison, Marshall,
Johnson Leigh of Chesterfield, Tazewell and Cooke
Mr.. Suarts resolution respecting Dueing then la
ken up and fully discussed; and the Conve niion
determined LIST 10 authorize the Legislature 10 legis
late upon the subject; and ally, to extend
ty pardon such persons had heretofore violated
the Anti DSeling Law.-Thc Resolutions from the Com
mittce the Bill of Rights SC. next followed and gave
rise to much discussion. The LIST Re ouon, declaring
ii expcdient TO devise some future amendment TO the
Constitution, called forth of Mr.. Randophs happi.
est efforts in opposion.The Resolution rejected.
"A resolution passed the motion of Mr. Mason
OF Southampton, for nructing the Select Committee OF
seven, to lay off the counties election Districts of
the State, according to the numbers designated in Mr.
Gordon's Resolution.
To give time for the Select Committee to perform the
task assigned TO heu the Convention have adjourned
over till Saturday.
SEErcH OF PROCEEDINGS CONVENTION
TUESDAY, Dec. 20.
The Convention met at III O'Clock and was opened
with prayer by tie Rev. MIR. Douglas Of the Pres
byjerian Church
MIR. Henderson said that he had some DAVIS since
given notice, that he should move of
the vote which placed tho election Of Governor in the
bands OF the People; but it would recoeccd tina,
such motion formed part of plan, in which several
measures were TO be united Que of which. consisted
OF The amendment Of the gentleman from Richmond
county, (Mr Neaic That amendment having been
Withdrawn, and the plan in consequence, not acted up-
on he now declined making the motion lie had former
ly intended.
Mr.. CooKE then moved, that the Convention TAX. nm
the Report oil The Committee on the judiciary.
ne molten haviog been agreed 10, the first Resou-
non oil That Committee was then read follows
ResotUed, Tbstthe Judicial power shall be vested
IN Court OF Appeals in such inferior Courts as the
legislature shalt from time TO Time ordan AMI establish
and in the County Courts. The Jurisdiction of these
tribunals shall be regulated by law. The Judges of
the Court 81 Appeals and OF the inferior Courts s,a
hold their offices during good behaviour or.un,ii re-
moved in the manner prescribed in this Constitution.
and shall at the same time hold no other office an
poinment or public tris; and the accep thereof
modification abolition Of any Court shall be cons;ru
ell to deprive Judge thereof of his Office hut such
Judge shall perform any judicial duties hich the
Ia'ure shall assign him."
MIR. CAnELL moved to amend the resolution by adj
ding at the end OF it the following words but If no
judicial duties shall be assigned TO him by the Lcga-
tuc he shall receive salary i'm virtue of said office
MIR. MARSHALL said, that il the amendnen ut had
aecisred that there were no judicial duty, which the
~ ch he
could perform That then he should receive salary he
should feel no objection 10 its adoption but it was i'm
possible not to see, that the amendment present
orn revived the old question, the dependence of
The continuance OF Judges Office, on the will of the
Legislature. Whenever ii shouts he the will Of the
Legislature 10 take away the employment of a Judge
Wy aboii'iDg the Court in which he served. and TO
take away his support, by assigning him no other du-
ues' II was perecIy in their power to 10 So if the
"inehdment had required more, than that Judge
should receive no salary when there were no judicial
"uues 10 De done, which might be assigned him he
s"ou'u oe conien' but u it rested on the will Of The
Legislature, to assign linn any duties or not unioul
fdy the tenure OF such Judges office, was tenure
during pleasure merely.
Mr. CABELL said. he should not be so presumptu-
Gus, as 10 oppose biDse in argument the
gentleman from Richmond; was il necessary for
nun 70 DO So He had been induced TO offer the amend
'nent, by sacred regard to his duty his
aud he was perfectly confident, that the Constitution
was eventually 10 contain such feature in it, az the
hrst Resolution contained, and which was the object
OF his amendment to strike out il would no, be voted
Tor by 80 men, in all the District from which he came
Ihay would regard such clause, as evincng an at
tempt 10 estab sl band Of civil pensioners: and n.
was well assured they would tolerate IT, So long
as an ocer performed his duties they were very willing
lie should receive his salary but ghen for any cause
ply zeal CT moral That officer SHOULD be unable 10 per.
form The duty he had covenanfed 10 do hey youj no,
coneht that he should receive the enonen. of ogice
MI " insisted That his amendment in no 10 gree al.
lacked The independence of the Judiciary
he should certainly be the last man in that assembly
who would OFF, TO do any thing that would have such
tendency. But he thought il the Judiciary Dspart
meht was secure they who presided in IL must be suf
hcienty so. When the public interest should reuuire
uie abolition OF court, the legislative BODY coming
IRON all parts Of the Common W alth and heinz are
qnanled with the interests and feelings of bs vboIe
state would soon discover the necesfv or the c,se
and would abolish IL accordingly And when a IrIgs
was discharged rom the necessity of perorminq anv
work, he could not conceive that lac was entitled ,o re-
ceive his salary. The idea that his office ,emained
alter hi' court was abolished, very
that he was really unable 10 comprehend IT, He lad
always presumed that the Office Of Judge wa Incl
aen'a to the court OF which he Judge; and WIN
we conr' was abolished fell Ct course ihat the Of
ace OF Judge ceased the things he was ia
Jnnge ot were withdrawn. But he should not attenpt
suggested. " WV
MI CLAVToR asked that the question should b.
,ken ny yeas and nays and they were ordered by III
Mr.. MADISON said he svaiied himself Of fire rernar
OF We gentleman from hichmoud TO euauire yyhethe
" would not be proper to vary the amenlmenf 90 a
70 say mat AZ there were ne du'es uop.rIv ss.i,, IA
70 the Judge by the Legislature. u,st deo he 80,
receive no salary lie believed lis would ,cco, a.
distinction which the gentleman had suggested. 49,
~ uo bl'y else moved IL az on amendment he ,,oni
himself do -. w VOW
MI, NJ accordingly moved az an amendment 10 a,
ahendneW ~ Mr. Cabeil. to strike on the words al
no duty shall be asgnsd him. and io,ert in len nero
HIM. = P''F''I ''''B"aDio
Nj joHNsoS ro'o 70 enquire. how, should me d