Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-29
OF the tribunal provided by the present ION

~ tao CniteI States gov 'rnmcni, instance
q ccurred: the TRIAL of Judge Chase. lie did
to discuss merits OF tia, ca sc. lie did
' hcrc however, tia: the result OF that trial had
- Vr that the Senate of the United States the
~ + fl tribunal that could be found. That trial
81 m'tc1y did arise in differences of party feel
,gs Questions OF law of the highest character did
,he'r arise 1t Is therefore necessary to have legal
'alents on Abe trial. whether the prosecution arises
from party political feeling, or otherwise.
Mr.. Ntc.i,LlS s,i | III n tture reaec; ion he
c1ud give ,iis question, had brought him to a con.
clnsion adverse to the amendment. He said the
liaStion had been used IN tho Federalist, with
the most consun nate ability, and tn. result then
rived at, was that ii would be inexDedient to call to
tho aid Of the Senate the Ju,res
Mr. ". then stated some OF the arguments to be
found IN the FcderalSt and said that his reflections
brought him to the same conclusion But said Mr..
y. who is this tribunal to try Judge? Woad it be
eNpedient TO bring the very men who have the same
interests andfeelings, to try him, He instanced the
Gaze of the jury trial: would not be impair
tial Juror If he wee interested in the principle be
decided. He thought the riers ought not only be
dsinterested, hut like Cnsar's wife, unsupported.
The Senate would he highly respectable body,
from all parts OF the S ate; that intelligent body
IKE TINS with the aid of the legal ADVICE furnished
on both sides of the prosecutions would be fully COM
peten, TO decide. He thought the provision OF the
present Constitution very detective. 1t an
anomaly. The very argument of Mr.. !. prcsupposcs
.hnt there will be an esprit du corps 1T al events
Will be thought there is 1t vas better 20 dispense
with the presence of the Judges, than fence them
round with safeguards against this esprit du corps
lie was as friendly to the Independence of Judges ms
any man, but he thought they ought to be amenable
TO the laws Some regard onght to be had to pub
l'c opinion; and will the people have confidence in a
tribunal composed in part of the Judges themselves
lie was for obviating the clanor which would proba
bly, arise against the Judges
The ayes and noes were ordered.
AYEs-Messrs. Johnson, Duncan Peasants Rose
NoEs-- NTcssrs. P. p. Barbour, Jones, B. W.
Leigh, 5. Taylor, Giles, Brodnax, Dromnoole, Al
exandcr, Goode, Marshall, Tyler, Nicholas, Clop-
ton, Anderson, Cofman, Harrison. Williamson
Baldwin MCoy, Moore. Bcirne, Smith, Miller,
BAXTER Mason Trezvant, Claiborne, Urquhart,
Randolph, w. Leigh Logan, Venablc, Madison,
so;anard, Holladay, Mercer Fitzhugh, Hende' son,
Osborne, Cooke, Powell Griggs, Mason, Noylor.
Donaldson Boyd, Pendet"n, George, Mcmillan,
II. CanpbeE, Byars Roane, w. Z. Taylor Morris.
Garnet, Clnyd, Chapman, Mathews Oglesby. Laid
ley, Summers, See, Doddrdge, Morgan, A. Camp
bell Wilson Us Barbour, Scott, Macrae, Green,
Tazewell, Loya Prentis, Grigsby, w. Campbell,
Clayton, Saunders, Branch, TONNES, Cabe, Martin,
Stuart, Gordon, Thompson, Massie, Bates, Neale,
Coalter, Joynes, Bayy, Perrin, Up~hnr-32.
SO the amendment not agreed o.
The 18th resolution then in order.
Mr. Cooke moved to pass it for the present, as he
wished to move amendment The motion was
agreed to-
The 9Th resolution was then in order
Mr. LEIGH proposed to lay 1t on the table, which
carried.
Mr.. HENDERSON then gave notice, that he should
Oh Monday. move To reconsider the on the mode
of eecting the Governor and should if that motion,
was carried. move an amendment, which he read to
ted
trbs amendment will be found in Mondays
proceedings
Mr. HENpERsoN said he was in favor of the mode
of electing the Governor at present adopted but he
willing to surrender his preference, if that would
produce any thing like unnanmity, upon the question
of the basis OF repres. ntation.
Mr.. NEALE then offered resolution compro-
mise
lit will be found in Mondays proceedngsJ
They were laid on the table on motion of Mr. NJ.
and ordered to be printed
Mr.. Cooke then offered as a substitute for the
1st, 2nd 18th and 9Th resolutions, the following reso-
lations:
/. The Judicial power shall be vested IN Su-
preme Court of Appeals, in a General Court, in such
Superior Courts the Legislature shall from time
to time ordan and establish. in the County Courts,
and in the justices of the Peace who shall compose
the said courts. The Legislature may also such
jurisdiction shall be deemed necessary in corpora
ton courts, and in the Magistrates who may belong
TO the corporate body. The Jurisdiction of these
tribunals shall be regulated by law.
Q. The Judges of the Court of Appeals, Of the
General Court and of the said Superior Courts
shall hold their Offices during good behaviour,
I'll removed in the manner prescribed in this Constitu
tioD and SHALL at the time, hold no other Office,
appointment or public trust; and the acceptance
thereof by either OF them shall vacate his judicial
Office. The said Judges shall be bound to perform
any and all judicial duties imposed them from time
TO time, by law, whether commentary Judges, or
chancellors or both.
9. The Judges Of the Court of Appeals of the
General Court, and of the Superior Courts offend
ing against the State, either by nal-admins' rat ion
corruPtion neglect Of duty, by any other crime
or mis- lemcanor, shall be impeaehabe by the House
Of Delegates; such impeachment TO he prosecuted
before the Senate. If found guilty by two thirds OF
the whole Senate, such persons shall be removed from
Office, and any Judge inpeached shall be suspend
ed from exercising the functions of his office until his
acquittal. or until the impeachment shall be disc6n-
tnued or withdrawn.
L. That Judges may be removed from office by q
vote of the General Assembly, without the assign.
ment OF any cause whatever; but two thirds of the
whole number of each House must concur in sucl
vote"
Which laid OH the table and ordered TO bt
printed
SIR. DoDDR1pcE then offered the following rcso
lJtion:
'Resoived, That all The resolutions adopted by this