Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-12-17
lovef ( Mr. Mon.l and from Orange

ION Hanover I Mr Mou.l and from Orange
siI. BARBOUR
The QUESTION was pu, on The amendment 10
Tie amendment aud lost
The question then REQUIRED on Mr. Barbour :
motion TO strike out the last sentence OF ihf is'
resolution. hr JphDsnn opposed The motion.
IL eoniended. thai taking The whole res'lniion
together, II dbl nui prohibit Tie legislature
from modifying as II pleased, any onsiia-
tional Court for instance. The Court of Ap
psals. buI such mod hcai,on y ,nld not Ger
ininiy amount 10 a removal ot The Judge rom
office lie 6seli With great emphasis upon tie
da, ger ri snbjeciing ihr Who'll judicial sy.iem
TO The discreet n and power II Tie Legislature.
lie sald. Thai The gentleman fun Orange,
looking alonr to his own heart could mol con
cese thai the Legislature oil Virginia could
possibly be betrayed into any such acts oil IN.
jnsiice Bui does the experience Of The world
sho~ any Legislative boy Who afe above
iha .Ici cmeui of the moment, ar WHO ~ a
state of high excitement. or III the pursuit. Of
snne faynttte object, would not sacfihse ihe
small interests Of the Judge to the idea oil some
public heuehi Any mnn, VIM belfev- ihni n.
~ Legislative body ran he exempt fiom ihfsr
telling. knows little nf human naiose He
showed what effect such n provision mlght
produce upon the Jude, endenfe Of the Jhdclh-
~ 5Ippuse lhr Judge coupe lied . cone IN
10 colIilon With the Legislature = decide up
On faYoiIte Jaw. VIII Oh u contrary 10 inr
Constitution, in VIA suua lun would he stand.
~nh sdcl power hang ing oreI his head
suppose high party itelins Ia arse ; he Ak
Ell how lbis power WA To operate IN his way.
lie went WV much a large int the sutj CT
Mr. IaseutH proposed 10 amend the ftsol0-
Ia, I,N I,.lf, II he n
pfals' the .- is = one snpremtp--and IL
u aiaed rs OPP ions ata can fiffahie ltngih-
mbaitIng among others, the pos,lion tha a
" Court" might be abo ISL. without hhplishing
the oihee' Of Jodse--and that II never could
he Supposed thai The Independence OF The
judiciary cnuid he 80 Tar carried. as To exempt
any other than the auprem. Court Of Appeals
rom being m dl6rd or aboli shsd
Mr CnmpbeH o Bfo,a" as gned his reason
Tor sup o,tng NJ ze"eIfs proportion
Nj Nicholas SAL thhi he would vol, Tor the
! amendment III the gentleman from Noiolk-
aud tlai he should also vote for striking out the
list clause OF he lsi resoin on--And hr agtr ed
with me gentleman from N RIO k. TIM lhr alb
iiion nl The oihe would remove III Judge
Tbs wns question many wears ago ag, alcd
IN III Uoned Stdes aud he WIS then II ms
opinion, anu he had seen asu,e 10 cha 2
tbs opinion. lie Went very full, into III gus
ton.
Mr. Leigh did OF see the necessity of adopt
ing ihe term one SuDteme Court > because
II was prop 'sed 10 make il only a COR al Az
peas. which of course would be Supreme
Court ri Appellate jurisdiction. II wa not
| intended IN nuke ou' Court oi Appeals AXE III.
! supreme nrt III the United Salts -hrcausa
II was ceuaiuly moi Designed 10 vest oar owl
copt, with an, org,nat jurisdiction.
! MIR. Marshall spoke nj great length aud win
! great tof,e ldvor Of ths indr ptndruce oil til,
in IfIa,y, aud >thfed the diner, winch would
lhfea'e en- II from the pewer 20 abolish he Counts
lie declafed nuns II against adding the wo,ds
= one supreme upon TUE ground hi the pre-
seni mp ellaupn IN TIE Com was settled
| bs nsaRr
Nj, IdrewsH add, essed himself with great
AMI aailoa In tavor IT rhe word =" Supreme, IL
being IN iacl he very same appeilaton non
gwen ~ ne Court OF APP eals by the present
Cons tuition. He commended. inal II was snfli
ciehr 10 MAKE the Supreme [ "nri alone exemp
| from snch mod heaiIoD Ms my affect its inde-
endcnce. lie contendrd hgaInst all systems
OF slnrrur"S, customs, S1r
! Mir. MdrshnH replied To Mr. insewtH -,
| 90 nieneed iur the nscessny II making other
Cunts III pendent. bea,des the Supreme
| Court Was II recoHecIed lhat ihp interior
- ur's AZ" vested vi The whole jurisdiction OF
! e fmiaal cases--and ofpowers winch II was mol
intended 10 dryoi,r upou the supreme Courts
| ian you declare torrseli friends of JuGicia
| INDEPENDENCE, wen vnu dens 10 such upper
| anttrihunals a sufficient independence
The question: was taken on adding tn words
| one supreme" To" Couri oil Appeal" aud
lost, ayes2o noes 56.
| Mr. NtnnIrd moved to add the word " Sn.
preme - Nj Dodd ide Suggested 10 chang,
the sriit 4" n M. " thu y II he wished 10 IL
tain the pr, srni Court OF Appeals MIR. Stah-
ard declined bringing Il al question al pre,cn
before the COMMITTEE
| This amendment oyaIled--nnd then III
qaeslion a." as taken on suiking ont the last sen
tence: " No modiG rat,on or aholi,lon lall be
conslrnrd 10 deprive an, judge thereof Of his
! atiire' and lost. ayes 80. noes 3D.
All. Dodd,idge sad that having gone through
the Jndlcl Department, he moved To take up
the Report o" ,be Blloi Rights.
Bni Mr.. Wiigon suggested that II was now z
u clock-and NOV. Il thai The Gomm,llee nov
rise.
But on Mr. Doddridge's suggestion, the no.
tion was " uhdIa~n--and a motion was made
by hln IN prin, all the resolutions agreed on
Which was adopted
III Committee then rose
Aud the Convention adjourned