Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-12


pohess that the Legislature to do wiih and de-
liberate wrong. He judged them by lie con.ci-
ence, and could not believe they would.
Mr. Marshall. said he did not intend TO enter into
the deb,e at this time. Had the gentleman from Orange
been content W th the amendment, he should have ard
nothing; but as he had not seemed satisfied with II. he
could not help suggesting TO the gentleman fron an
(Mr. MoRRrs) whether il proper to press the
am ndmen, There was not the slig,est possible ne
c'ssity Tor as an explanation Of the resouton with
great respect said Mr. NJ for the opinion OF the gentle
from Orange, IL can understand his language he
both mis- quoted aud mis- un 'cr-tood tie Sth
when he supposed II to 'eqnrs the construction he
puts upoa it, He has used throi hou his argune mt
The wcr Office instead OF Court aud il was that which
produced the conus IA into which he hrs slipn and
which aon" leads 'e he slightest suppo.abs difficulty
Tie says that the Ssh Resolution does not apply the
case provided agans, in the clause he out
becaae uses the term Office, aud he says the Lrys
iature cannot remove from IN Office which Office
does not exist--thh no abolition OF the oflc. he
cen frusi as removal of the Judge-,ni that Judge
eano b. removed IRON an Office that he does not hold,
because the obi e has been abolished.
Now the language Of the clause in he re solution
speaks Of the abolition of Court not OF an Office but
the abolition Of conr, is not the abolition of the off
OF the Judge. The Office of Judge his capacity to
administer justice: not 10 administer in
ly. The former Judges Of the G .nerai Court have
been advanced to another Court since: vet the judy
remains, though he was appointed Judge OF the Ge-
neral Court Where IL necessity, whitever for the
proposition Of the gentleman from HanoverIt l. i'm
possible the resolutions should b.. so far
as that the application Of the S resolution, the
provided for by the 2nd, he seen-bu, if il wa.
possible 40 far TO msunderstand it, the language might
be slightly changed Bat IL obvious for the two Ia
ken together that change the courts you please the
Judge remains In Office and is ready TO receive any du
~ which the Legislature may assign to him. sng-
ge' TO the gentleman the proprirty OF Withdrawing his
proviso.
Mr. BARBOUR sail that the gentleman f,om Rich
monh had, quot intentionally he very sure) done
him injustice, when he charged him with mis- quoting
He read from the printed pamphlet in his hand The
argument he had intended to urge this, that tho
tn" cour, should he abolished anil the off rem
still he questioned whether the removal OF useless
Judge was within the scope OF the 9Th resolution. H..
would submit another for this opinion BY tina,
resolution IL was provided, that the Judge be
served with copy OF the alleged against him.
Now, surprising the Legislature has abolished the
court ana Wishing to remove one OF the Judges What
"the causes TO be shown in this case? are they to
say to the Judge, we want your services longer and
You must come aud dispute before whether your Of
ice ought ought not TO be continues! TO my mind
The Sih "re.ou,on imports the idea not that the Lee
gislature wish the office but that against
or b. Some imputaibn has been broush and that he
Is TO he summoned 10 answer the charges
Mr.. MARsHALE rose in reply. 1 sill say the gen.
teman has totally niisrePresented the meaning the re
solution He still says that it speaks of charges
against him. and asks ii the abolition of the Office is any
charge against the Judge No. Is not did not say it
was But say AMI say it with great confidence, that
the terms oil the Resolution expressed does re
qure that any cause shall be alleged against the Judges
whatever may operate for his removal comes
within the Resolutions 1t may be assigned such by the
Legislature and IL does not imply that lie has commit
ted any offence. Wcmust conouni the clause pro-
vidng for the impeachment of Judge with the clause
providing for his removal from Office for crimes and Of
fences, he is 10 be mpeachcd and the inpeachn is
to be tried before the Senate. But when the Legislature
shall say that he is useless and that there cause for his
removal he may be removed The resolution the
cause TO be assigned and recorded The Legislature may
say, as that that the Judge useless the num-
per oil Judges Is too great and that part of them be
dispensed with: and then the resolution apDcs entirely
1t may he question with the Legislature whr,her
he has not been rendered useless by themselves in
the abolition OF his Court but that is question for
| nnlu p1L.
,gna'e II as the cause OF his removal they upon
it.
Mr. MoRnIs sail, IL him at all times great plea.
sure 10 comply with any request Of the gen leman from
Richmond, and the more he had at frat been
OF the same opinion that gentcm an; but he had Of
Tered the proviso with the hope of satisfying his friend
from O'ange, and the gentleman from Richmond n all
said, he would he content it should he inserted il was
true the gentleman from Orange, was not wholly sa
tt.hed-yei owned that il removed his objection 10 the
his motion.
Mr.. DopDRIDcE said, he was agains, both the Pro
viso and the amendment OF the gentleman from Orange
ana Tor different reason from any that had been
sign-d. He had yesterday voted against striking
the 2d Resolnton-but he wished to substitute Pso
viso, which he would indicate. The great difficulty Of
giving the Legislature power re-organze the courts
grew out et the tenure OF the Judges, and from
seeming attack upon their ind pendence Ii was ca
~ 10 Empower the Legislature to reduce the number
oil the Judges in commission. According plan
which he would submit when they.got into tbs House.
Some years since, Mr.. D. said, desire feIt to re-
duce the number of the Judges of the Court of
| Appeals from five to three, aud others wished that
their salaries might be increased AMI it was
proposed that the first vacancy's occurring il
should be lett un6ed and 20 when the second sho,iid
occur: and when their number should be re-
duced to three the salaries OF all the FIVE should be d
vided among them. The proposal with minds
nongh 10 carry but experience had proved that il
worked badly: in consequence of which the number
restored five, but the increased salary was con.
tinuei Now MIR ID. thought that plan OF this kind
might be adopted get rid Of supernumcrary JUDGES
should any be occasioncd by the re org inzaon of the
Ju'liciary system let them have employment while
they lived, and when they died leave their places I'M
supplied
The question was taken on Mr.. Morris's a.
mendment and negatved and the question recurrinp
on that of Mr.. BARBOUR,
Mr.. JOHNSON rose in opposition 20 the amendment
he was opposed to striking out the clause in question
and equally TO The object which seemed to be in vie W
by doing so. lie dm not wish 10 put it in the poye r
OF The Legislature at pleasure TO every Judge
from Office whenever they should persuade the
that some COOL effect 10 follow from iivet sue h
would lie the certain effect Of the motion of the gentle
man from Orange He did know whether he b,d
correctly understood the gentleman om Spo:tsyvsn,
VIII, said that the clause only applied Judges Of The
superior Courts. Such was not his interpretation IT,.
language was universal" No modification or a,lj-
ton of any Court shall he construct &C. But if The
Committee should 20 the Lat solution in its pre-
sent form what would he the foundation of the Court
OF Appeal.? would IL he beyond The p,ver o the lie
g'slature 10 modify md oven abolish that court, They
could not 10 he sure there shall be any Cour,
Of Appeals hut they might abolish any psrtic lar Csr.
OF Appea b change IL entirely and give the new Court
power TO issue appeals. suppose the Legisa'ur shoud
say That the Court of Appeals should be abolished AMI
that the General Court, shall he n Court Of ArpsaIs in
all civil, a. IL Il n all criminal cases D,es fle
revolution restrain them from doing tb.? il does not
and lit adopted there il no projection y ba,ever IN
Tire Court NJ appeals l. org what,