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

HsstHb'y, VIII CONTINUE TIL spring, and The
System OF representation will not go into effect until the
session after; and Mr. d. thou hit IL not advisable that
the new organization Of the Judiciary should take ef
feet I'LL then That object would be effected by his
| meniment
The amendment was adopted.
The question now recurring Mr.. HENDERSON,
motion to strike nut The whole OF the ID resolution,
MIR POWELL opposed i,,as going to place the J.egi.
ature in nost unpleasant situation, should the rum
Der Of judges he reduced by compellng them TO make
selection among the Judges IL was an nvidou. and
painful task He thought il far better to le, all their
Offices expire 'oge,he nobody could seriously believe
they would not be re-appontcd unless in6rnity and
disease rendered them Incapable OF service.
Mr.. NICHOLAS was in favour of the motion to strike
out Tic saw reason why Judges should be placed
en- different footing from other officers. IL mere
subtlty pretend they lost their Offices by the adoption
OF the new Constitution Why they, more than other
funconaries! Were all the officers of the Government
to be displaced by the change! il the principle true,
why not carry 1t QUIT why make the Judges alone, the
object of prescriptions He had voted for Mr.. Nor
CANS amendment not because he should not be graft
ned tosee some provonmale for old and nrm Judges,
who had lost their Offices without fault; but because
he apprchended II TO be the entering wedge Of sys-
tenn of pensions. He dwelt the evils OF such sys-
cularly felt in G. Britain and its
introduction here.
He bore honorable testimony the present Judges as
men OF probity and free from injustice oppres SION
inveighed against prescribing the whole class because
objections were entertained against few of the num-
ber-and turning them adrift after they had abandoned
every other occupation to the State arduous
and responsible station. IL gentlemen wish 10 get rid
OF any OF the Judges, there plain path provided
two-hirds of the Legislature could remove them at any
Time according TO the Sh Resolution. As to what was
said about the certainty that all good Judges would be
re-apponed, he had not enough of the gi of prophecy
to know that. He hoped the Convention would have
more magnanmity, than to take away the offices of all
those worthy men, because il i'm their to do So
NJ. CoALTER said. he had thought he was diso.ali-
fled from voting this question: being of the per-
sons implicated; but, he told, this the case
| lie had voted on Mr.. MoRGAN's motion, because he
believed he did not come within the description in
the clause, which that gentlemen wished TO strike out
The clause spoke OF such cas- from their age"-Now he
did not consider himself yet
| ties"-he thanked God that this not his casc-hc
not past service that scorebut was able TO work
as hard any man in the service Of the Sate-as to
"past services" he should advance no claim on that
score neither He concluded by expressing his wish
to he excused from voting on the present occasion
The question being put the motion to strike
out il was negatived-Ayes 30.
(Mr. Marshall, dye)
So the second Resolution retaincd-rSee il aJore
ne con'mttee next proceeded TO the 3rd Resolution,
which is in the words following:
Hesoired, That the Judges Of the Court Of Appeals
and Inferior Courts, except Justices of the County
courts and the Aldermen or other Magistrates of Cor
pora'ion Courts shall be elected by the vote
oil both Houses Of the General Assembly, each House
voting separately, and having negative the other;
and the members thereof voting ppn roce The votes
of the members shall be entered on the Journals of their
respective Houses. Should the houses in any case
TAIL to concur in the election Of Judge during the Ses
sion the Governor shall decide the election by appont
ing one OF the two persons who first received majority
OF votes in the Houses in which they were respccvc
ly voted for But if any vacancy shall occur during the
recess OF the General Assembly, the Governor or other
person performing the duty of Governor NAV appoint
person TO fill such vacancy, who shall continue in Of
nee until the end OF the next succeeding session of the
General Assembly.
Mr.. WILSON moved 10 amend The resolution bv
striking out the word "concurrenan inserting ont !,
rs to read that Judges &C. shal be elected bv be
| joint vote of both Houses"
He stated his to be, that il there was any diff
ference OF opinion between the Houses on nomi-
nation, it was proper the House of Delegate. should
IA
annually elected, and the most numerous body.
Mr. THOMPSON of Amherst, had moved the Resolu-
ton in tho Judicial Committee and now defended II
against the proposed amendment.
He considered the question of appointment a. one Of
great difficulty: though the act of appointment being
neither an Executive. Legislative Judicial act in
s'Ictness, the principle Of the b II Of Rights which
related to keeping those ns separate did not
apply: The Question was. what body was the safest
depository, for the appointing power? Certainly not
the Peope-or they not in situation to per form
he duty. In what body, then. the trust TO he re-
posed! There were objections TO each. He had once
hought II best TO give IL (aher the example OF some
other States, and Of the United S,aes) TO the Cover
ner and Senate: but he had heard strong obj econs to
this plan, and recent events in the Federal Govern.
nent, had encouraged such idea. Then /. must he
given TO the Legislative body: But Jointly. or sepa
raeiy' II jointly. the House Of Delegates becomes the
appointing Power, having large majority of the votes
These were objections 10 this, n prfOyi. The popuIar
branch without check,and subject il is 10 intrigue.
ana cabs* and the Influence of party spirit and clog
rotting, seemed an improper depository for such
trust. very bad appointments had been maie and
man who was on the floor would always have great
advantage over other candidates
The Resolution az IL now stood, provided a check bv
requiring the Senate to concur. And il check in the
lower House was thought necessary in matters of
ordinary legation, why not in Of appointing
hut u they could not the ndidate nominated
another candidate TO be taken mp, aud the two bo-
dies, concurrent, were substituted az nomna.
ng Power. This gave no patronage 10 the Executive
but made him merely an umpire: he could not 90 far
wrong by taking either candidate.
Mr. Will SON replied, obj lection had be en- observ.
L acfI Inc xi.finr
from Amherst had said TO make the election mint
one was TO give the appointing Power TO the House OF
Delegates. This would be true, il that House wa.
perfectly and always unitedbut the reverse was ofen
the case: he had heard Of single instance where
they we're thus united But suppose each House TO
be united on their own candidate and to disagree with
each other. This not improbable case: and
then the Governor would invariably have the appoint
ment OF the Judgcs-whch was the very evil depre-
Gated by the gentleman from Amhers, himself
i Mr.. POWELL called for a division OF the question in
striking ont and Inserting; and il divided accord.
ingIy: and being now striking out,
Mr. GILES rose in favor Of tie motion To strike out
tie was in iavor OF the present mode Of Joint election
1t had long been practised, and far from providing
any evil. had been attended with the greatest good
hat could he looked for in the pres state Of human
nature, which was fra at best lie dill red entirely
rom the gentleman from Amherst az TO the House Of
Delegates being theatre for intrigue, party sprji
clog rolling" sc. HiseSperience, nhoueh not greaD
bad led him to conclusion directly the reverse
There wa, 10 be sure, much conversation and much
comparing Of opnion,-sut this ali right AMI pro-
per, and ought 10 accompany every election. re
thought the simplicity and certainty Of The present
mode were great recommendations OF il. He referred
to the experience OF Pcnnsyvania. where her ipfu
ence turning question in the General Government
hal 80. l.... II