Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-25
b.orbing question" she'd. around it. Mi. Randolph


zens of Wheeling had meeting ON the 18th inst.
and they have adopted resolution calling upon their
Delegates to secede. they have ascer,ained
that they cannot secure the White Basis In the popu
lar branch Of the Legislature.
We respectfully beg the citizens of whee cling to con-
-er well the consequences o: this step. II they break
up this Convention. oen aud ho,o will they get toge
there Will the East 70 into il. viii the West E,rm
one for tsefand propose Constitution for tho State!
And what will be the result OF that movement! Eve
ry consideration shews the necessity of paten,
spirit aud the most concliaory deposition Citizens at
dtance scarcely be aware Of the great difcuIte,
which beset this subject.
YEsrEuDAY-The Convention met AT n o'clock. and
was opened with prayer by the Rev. Mr. Kerr OF the
Baptist Church.
The question before the Convention. Yves ON agreeing
to The 1s Resolution of the Committee ON the Judiciary
as amended the day before
Mr. Thompson Of Amherst, moved farther 10 amend
the Resolution, to limit the duration of the Judicial
Office by the age Of - years
A very interesting and eloquent debate ensued of
which We propose giving full report in our ne xt paper
In the mean while we have now only TO say
that the amendment was briefly explained by the mover
when Mr.. Henderson moved an amendment to the nro.
position permitting the Legislature re-appont Judge
when arrived at the age mentioned in Mr. Thompson's
amendment.
Mr. Powell opposed both, as unnecessary inasmuch
as under the Sth Resolution Judge if incompetent
time, be removed by vote of 23ds of the Legisla rc
After few words of explanation from Messrs Thomp.
son and Henderson, MIR. Leigh rose and opposed the
whole restric ion, in of the aest and mos, n;SbeJ
speeches. he has delivered since the Convention has
been in Session In which, after adverting to the great
difference between different men, as to the fine when
their faculties began to give wav he adverted success.
sively to the cases OF Lord Mansfield who AZ the
age of 49, in the utmost vigour of his powers.
and Quilted the bench only because his sight was gone:
70 1udg' Holt, to the great average OF English Judg-
es who were over 40: to Judge wythe, Judge Pende.
ton and Judge R,ane OF Va. (the second of whom died
AZ 81 IN the full possession Of his mental facuities)
lie sdvered TO the political manOeuvring in New.
York, by which Judges Spencer and Kent, were put
out oil oihce, to the fallen character Of the Now. York
bench, since the late change in their Constitution
Mr. L. admitted there period at which the mind
began to fail with the body but contendei that bv
limiting any fixed period at which Judges should 90
out OF Office, would be lost the average than
gained.
Mr.. CAMPBELL. of Brooke, said tina, the cases so
eioquently cited, were exceptions, and that the time
ought TO he hyad, not by referring to exceptions bur
looking 20 the general course Of nature.
Mt VENABLE ppreciated the dnicue. on both
sides but looking to the situation and feelings OF the
Judges, thougbt better for them, that the time should
be known beforehand, when they were to 90 out of
ohce, and to have happen in regular Constitutional
course, than In way which mig hi wound their feelings
MT. JOHNSON was opposed TO both the amend.
mehts anu disapproved any Limitation whatever If il
should be liked at very late period of hfe it would
oe imperative; and IL at period that would frequently
operate II would sweep from the bench the brightest
ornaments, and by rendering the Office less valuable
would diminish the injucement for men of talents
to take seat there at al. Instead of inducing a
Judge TO improve himself in his judicial requirements
with prospect OF living by his talents after his term
should expire. II was likely to draw off his at.
tenon from his duties attend 10 laying up something
| for his family.
| Mr.. THOMPSON replied in vnlication of hi, amend
ment, insisting that no general law could be without
cases Of bardship-bu the average nigh, in he bene
bcal He dwell on the evils for allowing superannu
aed and i'noece Judges 10 remain in office, insisting
that one such was source of greater evil than the
loss OF the greatest and most talented men, whose places
might still be respectfully supplied.
| Mr. SrANARD opposed the Limitation and urged the
needlessness Of establishing any general rule with IL,
coniessedy hard consequences, when they had pro-
vision that would accommodate itself to circumstances
without producing any evils at all. 1.-THE Legislators
we're TO have the power OF rs-appointing. the Ju
would be tempted TO court its favour and eIectioperr
Tor superintendent politics would iavade and
pol'ute the seat OF justice. He referred the whole
history oil the New York Judiciary for illustration of
| this alarming evil.
The question was taken the amendment of Mr.
Henderson,, and negatived without a count
Ii was then put on that OF Mr.. THOMPSON and ne.
g"mved by yeas and nays "a folows-yeas 27-nays &c.
The question then recurring agreeing to the ls
resolution as amended,
Mr.. DoDDRIDGE moved to lay the lst and End reso
ntlons upon the table, under the that propo
son would be substituted in lieu them, which would
unite the views OF both sides of the House.
After some conversation, in which Messrs Doddridg..
C1oeii, Scott, Cotlter and Leigh took part,
Inc two resolutions were for the present laid upon
| the table. r
| nhe "a and 4h resolutions were then ayr eed to.
The 9th resolution then sead.
Mr. OPsHUR moved TO amend il by striking out the
last sentence in the Resolution, and inserting pro-
vision which proposes TO divide the county into wards
the qualified voters in each ward pass upon the
son nominated by the court for magistrate and if tbs
voters do not like the nomination. then they are 10 re-
commend some other person the Executive TO select
between the two
On this motion debate of some animation took Mace
the particulars oil which also defer till next paper
Mr. UPsHUR briefly explained and supported his
proposition. He owned that he had, himself no oh.
lection to the County Courts in their practical
but as some were dissatisfied greatly with their theory
and he did not himself wholly approve it, he offered this
pianas going TO remove in great degree those objections
and YET preserve The benefits Of the system
MIR. JONES Of Chesterfield opposed the amendne inf
IN neat and succiDct speech, the principal aim of
which was TO shew that this scheme in its substance
anu practical effect amounted TO giving the election of
Justices oil The Peace TO the People, thereby keeping
mp party and neigbborhood strife, and ieopardizing
the impartial administration of justice.
Mr. POWELL objected TO single wards having
power 10 elect an officer whose power extended over
The county. And as the Governor was TO be elected
oy me people, he would be prone to lean toward the
popular nomination in preference 10 that OF the court
Mr. UPsHUR replied al length to these objections
denying that the people would elect the Justices in any
oher sense than the county court would. Neitber hal
any thing more than the power of nomination. He re.
undated the idea OF Judge being biased by pariay
TO those who had nominated him A,to nom;, L.
by ward IL did not bind the eounty-tboy might n.
mite with the ward nomination or that OF the county
court '
Mr.. CoALTER opposed the ame n4inent, and told an
amusing anecdote about portion of the people OF Gle.
county living Tor time without the laws OF ts com
monwea'th and establishing log rolling government
OF summary Justice,