Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-10-29

And in tins form, Che amendment was car
ried In the Affirmative, l3 members oil the
Committee rising in its favor.
MIR. Ta1alor CT Norfolk. then moved to
amend the same resolution, by striking out oil
il the words Judges oftlre Court Of Appeals
so as to confine the removals of the Judges
to e.the present Judges Of the General Court
and Chancellors'
This proposition led to some discussion,
which had not terminated, when, the time
having arrived for the meeting OF the Con
vention, the Committee adjourned till Mon
day.
The COMMITTEES on the Bin of Rights, Sc
came to no resolution
Monday, Oct 10
After prayer by the Rev Mr.. Armstrong,
the Convention was called to order at
o'clock.
Mr.. 7aylor, from the Committee on the
Bill of Rights and all such parts OF the pre-
sent Constitution as are not referred TO the
other Committees, reported the following re-
solution, in part:
The Committee. to whom was referred the
Bill or Declaration of Rights, and all such
parts Of the present Constitution as are not
referred to the Committees on the Legs
iaf,ye. Executive. and Judicial Depart
rer,ts of The Government. have had the
subject TO them referred under their consid-
GRAFTON, and have in part performance OF
the duties deyolved on them, agreed upon
the following resolution:
Resolsed. That in the opinion oil this Com
mittee the Bill or Declaration OF Rights re-
quires no amendment.
On motion of Mr. Taylor, the Report was
then laid on the table.
The Legislative Committee took up Mr..
Leigh's proposition. 10 make the Legislative
districts as they may be arranged by the
Constitution, pay equal portions of taxes The
resolution was supported by Mr.. Leigh. opPo-
sed by Messrs Mercer, johnson and Cooke,
and rejected, IL TO 7.
In the Erecufiuc Co saaa;ttee. the resolution
offered by Mr.. Gordon in the following words:
THAT the Governor and Lieutenant Govern
or be elected by the qualified voters, and con
tnue in Office three years" was taken up, and
the question being put thereon by ayes and
noes on motion OF Mr. Cabeu, stood:
For the Resolution Cohman, Nc
Coy, Smith, Fitzhugh, Powell, Naylor, Camp
bell of Washington, Duncan, Ciaytor, Cabeil,
Gordon and Upshur--i2. i
Noes-Messrs. Giles (Chairnan,) Dron-
goole, Nicholas, Tresvant, Leigh oil llalilax,
Barbour of Orange, Garnet, Cloyd, Morgan,
Barbour of Cuipcpper, Loyal and Bates.
There being a tie, the resolution fell OF
course.
Tuesday, Oct. 90.
After PRAYER by the Rev. Mr.. Hammer, the
Convention at O'Clock, was called to order.
JUDICIAL REPORT.
judge Marshall, from the. Committee on
the Judicial Department of Government, re-
ported the following resolutions:
l. Resotved, That the Judicial power shall
be vested in Court of Appeals, and IN such
Inferior Courts as the Legislature shall, from
time to time, oriain and establish. and IN the
County Courts The jurisdiction of these
tribunals shah be regulated by law. The
Judges of the Court Of Appeals and OF the
Inferior Courts shall hold their offices during
rood behaviour, or until removed in the man
ner prescribed in this Constitution, and shall
at the same time, hold no other office, APP
point,nent or pubictrust and the acceptance
thereof by either of them, shall vacate hls Ju-
dicial Office No modification CIR abolition OF
any Court shan be construed to deprive any
Judge tlcreoi of his office, but such Judge
shah perform any Judicial duties which the
Leeisia lure shall assign to him.
@ Resotred, That the present Judge ofthe
Court of Appeals, Judges OF the General
I0uft- anu CsItuCtuOiS, iCtAatli hi OI1SN uI'ai
the expiration of the hrst session OF TIE lie
gislatare held under the new Constitution and
no longer but the Legislature shall cause to
be paid 70 such Of them as may not he APP
pointed. such sums as from their age, iniirma-
i S ard past services, shall b. deemyd rea-
sonable.
g. R5s9lced, That the Judges of the Court
of Appeals and Inferior Courts, except Justi-
ces OF the county Courts and the Aldermen or
other Magistrates of CORPORATION Courts, shall
be elected by the concurrent vote OF both
Houses of The General Assembly, each house
voting separately and having a negative on
the other, and the members thereof voting
pire pcce The votes of the members shall be
entered on the Journals of their respective
Houses Should the two Houses, IN any
case ell to concur in the election OF "A Judge,
during the session, the Governor shall decide
I! the election, by appointing one ofthe two per-
SOFAS who first received majority OF votes IN
The Houses ia which they were respectively
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, may appoint person to fill
such vacancy. who shall continue In Office
until the end of the next ensuing session OF
the General Assembly.
d. Res. tied, That the Judges of the Court
of Appeals and of the Inferior Courts, shall
receive fixed and adequate salaries, which
shall not be diminished during their conunu-
ance in Office.
B. Resotoed, That on the creation of any
new county, Justices Of the Peace shall be
appointed, in the first instance, as may be