Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-25


shew pertaincd to IT, and this he would endeavour to do
so plainly, as not to be misunderstood The gentleman
from Richmond had told the Convention that an Office
during good behaviour. office for life. This he
denied There was such wsrd in judges com.
mission.
No such pledge was given him; was that the real
tenure oil his office! No, good behaviour and the
continuance Of The office. So long his saary was to
be sure. and no longer
J He thought the gentleman had not succeeded in
showing mat was not an anomaly to have the court
out OIL neing, and ofre pertain the court in be-
ing. The gentleman had asked If there were no terms
oy winch this could be done He answered, no |,
was an anomaly in terms. He had, however, such
sn Respect Tor that eenteman's standings that he al
ways doubted his own opinion when put in opposition
10 that oil the gentleman. The gentleman had under
taken TO show that man may be a Judge of the dis
r'ct court after the General court, Of which he had
oeen Judge, should be at end. lie told the Con-
Venion that the general court was a constitutional
court out was not surrsndering tn. argument TO 20
oack 70 the old constitution BY the constitution now
proposed the Legislature not to be ranin elsd-
me gentleman had asked whether Judges Of the Gene.
raj Court would not perform District Court services!
Judge MARSHALL here explained: he had, he per-
ceived, been totally misconceived. lie had said that
under the existing Constitution the General Court
was Constitutional court and could not be n.
polished : but that under the new Constitution the
."uges OF me interior courts would continue to he such
ho"gh some change might he made in their sphere of
aeuon-and he had asked whether, because they should
cease 10 perform District Cosrt service they
lore. cease to hold their office.
Mr.. GILES resumed. He was very sorry he had
miSconceived the gentleman but, after listening to
me explanation he had given. the mpre ssion on hi.
mind remained the same still. He insisted that they
were not 10 reason from the existing under
former Constitution, to Constitution containing No
such Court within its povsions and one great object
forming which Constitution. to get rid OF that court
lie denied that Judge could perform duty in any o
Their Court but that TO which he COMM stoned
lie could not have his commission to one Court and his
duties TN ano'her-supposng the Judge to be incompe-
tent (as known to be the case and long 10 have
I,.iy wto Ia Io
not nam") could the Legislature assign such Judge
duties TO perform in another CONTRIBUTES to an inco.
patent Judge what duties! could he receive any at
hi. "
He begged TO call tie attention of the House to wha,
was the real genuine Independence of Judge in
Druain. IL was the security that his compensa alton
should not be diminished during his continu ance in of.
nee. Judges in England were deemed TO be very in.
dependent even before the reign OF William and Mary
when their Offices expired with the temise of the
crown. The law had since been CHANGED and tb.v
now survived-butit perfect pcnience to be
assured Of an undiminshed support during the contn
uance Of their Office. This az the true ndependencs
OF British Judge Strike ont the present clause and
Judge in America would still be in better situation
than those of En- and
Bn as the gentleman had spoken Of hard hp. should
the clause he stricken out, he would offer the
ment he had before read. IL no great favore of
his, but he was willing 70 that far and il wa, far
ther than any provision had gone on this subject
under the sun. ar 80
| The gentleman seemed to think that he had uscd
terms calculated, not intended throw reproacb I'M
on the Judges in office. He not conscious of hay.
ing used any terms that reflected in the on
their honor and integrity But Il did seem TO him that
by the resolutions taken together, responsibility was RAJ
Their avoided than sought TO be secured Had the gen.
t'eman told the House in what consisted. where was
il? If there such thing, he presumed II was de-
scrihable. For himself he could not see even sbad
ow OF it. The gentleman had insisted that there VA.
the same responsibility in this as in other AMI
here was the greatest point of difficulty between the
worthy gentleman and himself When representa-
tive returned to his constituents, did they cite him. did
'hey give him 20 days notice appear and answer'
NO such thing. They told him at once-Sir we don,
like you. And that enough-tley turned him out
forthwith, and held themselves bound 10 assign no rea
son to him for so doing. But in the case Of Judge
there must be majority Of of both Houses or
he Legislature, and 60 days notice; and by the time
the Judge appeared the session would be over The re
solution hrs! laid down principle and then
" was real-and lie operation prompt and efficient The
voter might cav to the representative as Tom Brown
| said to DR.. Eel.
I + DO not no. like thee, Dr. Fell,
But Ss 'tia 9. Shy toS sS"S 70" sn,
| II do not like thee, DIR. Fell.
lie was willing to risk his liberty thus f,r-(and If
human being existed, who was more jealous ofi he
had veto see him,) il Judge became odious 10 The
peoole, let him be removed from office
Mr.. G. concluded by this remark that the House
had exhibited IN the other side tn, very acme of
Judicial talent in the country and yet il had produced
no conviction in his mind and he believed would mn,
in theirs; on the contraryit had but riveed all the i'm
Pressions he had previously entertain d.
The question was Their put striking out and deci.
ded by yeas and NAYS follows:
fEAS--Messrs. Barbour, Presidento james. Giles
Dromgooe, Alexander. Goole, Clopton, Anderson.
C1fnan Harrison, williamson, NJ Coy, Moore Beirne
Smi'h, Baxter, Claiborne Randolph, Osborne George
n! MILAN, Campbell of W., Byars, Cioyd, Chapman
| Matthews, Oslesby, Duncan, Ladl-y See Morgan
Campbell OF Brooke, Tazewell, Loyal Grirsby.
Campbell oil Bedford, Cllytor, Saunders, CabeII Mar
tn, Peasants, Gordon, Thomp -on, and BayIy.-iI
NAYS-hessrs Leigh and Taylor Of Chesterfield,
Brodnsx, Marshall, Tyler, Nicholas, Baldwin John
son. Miller, Mason Of S Trezvant, Urqnhart LEIGH
OF H., Logan, Venabe, Madison, Stanard Hoiladay
Mercer, Finhugh, Henderson, Cooke Powell, Gigs
Mason OF r., Nayior, Donaldson, Boyd, PeDdleton,
Rome, Taylor OF Caroline. Morri., Garrett Summers.
Doddrilge, Wilson, Barbour OF C., Scott Mactae
tIreen Pren;is, Branch, Townes, Stuart Massie Bates
Neae, Rose, C'aer, Joynes, Up.hur, and Perrin So
80 the Convention refused strike out the clause
providing for the continuance Of die Judge in Office al.
ter hisiCour should have been modified or abolished
MT JOHNSON threw out The suggestion for the re-
Election OF gentlemen whether the re solutions thew
Had adopted, had not effect, not contemplated or
Intended: would not the acceptance of the Constitu.
ton by The people, at once ipso Jcfo abolish all the
courts OF the State, but the court of appeals and the
county court'' This ought TO be provided against.
| MI. CABELL proposed TO amend the resolution by
Striking out the word office, and inserting the word sal
dry. ~ " wv
But IL would not be received as all the words Of the
resolution had been adopted by refusal to strike them
| ont.
| The House then adjourned.
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