Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-12


ton 1t was said that the Judges are to come un
uer new constitution they should be renewedS-
I Ihs was subtlety He referred to what our an
eeStofs Old at the separation o this country from
! Sfeat Britain They did not remove alf the officers.
| BY the revolution the judiciary changed. The
Judges under rege authority renovedtheIr Of
noes were aorogated. In the constitution there is
an express provision to retain certain officers who
were under the regal government lie voted gainst
a provision for the judges, because he was oppos-
ed 40 reduction of the pension system. Grea.
Britain nj present gr2qns under that system There
tore considerations of aound policy induced him 90
vote AGAINST this provision. He was in favour OF
eohre.isatir those who rendered services in war.
i}Ht Why remove the judges? They have been guilty
OF nc offences He was acquainted with the iud-
gos, and although there We're some exceptions he
knew ~ body Of men of more prope conduct. if
you turn Judges adrt society would it be ma ena
nrnous to do without compensation If il
Is necessary TO change the system, why vacate the
seats OF ludgesT BY the resolution the Legislature
has power to modify the courts without removing
these Judges Two thirds of the Legislature can BY
vote remove them-os by impeachment. IF Judge
disabled by indspositon the remedy provided by the
report VA! meet snch The entleman from
Frederick says the last judges will be reelected
lie was not prophet enough to say But if there
Is any incompetency in the judges now the Legisla-
lure can remedy It. He hoped we would have more
t NnGpenmity than to turn out these judges.
These reasons induced him to vote against the mo-
ton.
Mn. CoALTFR. addressed the committee and hon
ed he would DC excused from voting, Leave WA
SO granted.
1sssessssd IL the negative Ayes, only 90.
Nf:xssssss moved to strike out the word first
before 'sessio saesert it before The word lie
Gle 90 RESOLUTION was taessaeB FOR consideration
and is f, bws:
| Resolved, That Judges of the c5ss&Sef Appeal,
and inferior courts, except Justices Of HIS
courts, and the Aldermen, other Magistratescf
corporation courts shall be elected by the concurrent
vote OF both Houses of the General Assembly. each
| House voting separately, and having negative On
/ other wins
voice. The votes of the members snail be entered
| on the Journals OF their respective Houses. Should
the two Houses i'll any fail CONCUR in the cleo
ton OF judge, during the session, the Governor
shall decide tie election, By appointing one of thetiy
persons who first ratc!red majority of votes in the
Houses in which they were respectively voted for
But if any vacancy shall occur during the RECESS Of
the General Assembly, the Governor CT other per
son pertaining the duty of Governor, ,nay appoint
person to iil such vacancy, who shall continue in
office until the end of the succeeding session ci
| the General Assembly.
MIR. FiTzHUGt' suggested to the venerable CHAR
man ofthc Legislative Committee an inconeruty be.
tween the 4h and 3D. resolutions as to the pav1urn1
Of the Justices oi County Courts
I At eugggest'on Of Mr, MARSHAL, he pcstpon
ed his amendment ~ teiI he said could be as we'll e.
tected by amending the 4th resolution.
Mr.. WILSON moved to strike out the word 'cor,.
current and to insert the word joint"
MIR WILSON at the request of Mr.. Thomson rx-
planned his reason for the proposed amendments ht
he inauG!ible to us.
Mr.. THOMPSON said he was of opinion until he
was in the Senate and Executive but what he heard
on the floor and recent events in the Federal Gov.
eminent combined to change his opinion. lie was
opposed to restng the appointing power exclusively
to the House ofDelcg9tes. BY vesting the appoint
ing power in the two Houses. it would make them
the nominating power to the Executive.
Mr.. Wilson replied to the observations made nv
the gentleman who had sat down.
MIR. GILES spoke In favor Of the nIaendment to
strike out the word concurrent" We had expert
cnce, he said, in favor of that mode. This mode wss
most exempt from that kind Of cabal complained Of
in elections. There Is, too, simplicity in this which
you cannot get by having "a concurrent vote in the
! Houses He refereed to instance in the
Senate of Pennsylvania against the other mode
He considered it question whether the people are
to elect their Executive, Military and Judicial off,
GERS. They cannot elect them. Ii is sufficient for
| their good to elect their Representatives. and
any more power would be injurious The people
couli not know the qualifications of JuGges-they
are not competent to do He opposed therefore
the plan to give the people such power What Is
Of the objects of cecting Representatives but to
make these electionse Information is necessary to
make elections; how can the people procure it1 Tile
people then must have their knowledge from cleo
pioneering This is the most balefnl spirit ever
conured up in this countrytbe spirit of eectionecr-
ing. He would make an observation TO the mo
dus operaldi in the House of Delegates. What
gentlemen called leg rolling, he considered merely
comparison ofopnions as to derive information on
the qualifications of each member who is candidate.
1t were necessary to have such n comparison of o.
pnions. Upon his view, if the election conducted
0iUa Uoce, the people will have responsibility
He would vote in favor Of Joint vote He explain.
ed the advantages derived from this pan and the in
. coDvcniences of the other.
The question divided and the motion to
strike out the word "concuuent" vas carried in the
affirmative. The question being to insert the word
'joint,"
Mr.. mason said, the resolution was rendered in
operative by he vote takCn he would move to strike
ont the whole resolution.
Mr.. MERCER stated his objections to inserting the
word joint He referred to the question of the ba-
sis Of representation, regulating his opinions on
the motion.
Mr.. MASON considered the resolution unnecessary
Mr.. CooSE said there should be provision in
the Constitution, for the election of he officers of
inferior courts.
The question TO insert the word oininto ,,ns en-