Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-30


then tho salary shall cease, &c..
On this amendment, an animated discussion eusu-
ca between Messrs. MARsHAIL and TAzEwKLL--i
the former contcnding that the amendment proposed
to provide TOR anu impossible casethat il abso
uteiy and positively certain, that there would
be time when therc should be no judicial duties
properly assignable--and that the Amendment was
from P,tsylvania. (AIr Cabcll and equally dan
gcrous to the Independence of the Judiciary. Mr..
Tazowell cnntended, that the case proposed 20 be
provided for, was not only not impossible case.
but that IL would in all human probability occur and
occur frequently. He supposed case, in which
the Legislature might unadvisedly crcatea batch
of6o inferior Judges. So large body in proportion
10 The whole population unnecessary, and
unknown 10 any country upon earth. Without
this amendment, these Judges would BIO established
band of civil pensioners on the country tor Efo.-
popular man might arise, for whom tho Legislature
desired 10 provide, for services rendered or for scr
vices expected. To effect this, nothing was neces-
fary but TO create him Judge, and abolish his
office the next day, leaving him in the reception Of
pension IN the namc of salary. This he ndmit
ted an improbable cnse, but Il was not more i'm,
probable, than that the Legislature would refuse to
assiIn duties. Tor the purpose of getting rid of
Judge Both cases inferred fraud in the Legislature,
and II one species of fraud considered, Us posi-
bic, all others should be considered equally so
Mr. STANARn followed in oppos;t ION to the amend
ment aud IN reply To Mr.. Tazewell, aud urged the
danger IN which the amendment would involve the
Independence of the Judiciary, by puttinu il in the
power OF the domincnt faction, TO remove Judges
Tor political and insufficient causes IL was in vain
10 declare that the different departments should be
Kept separate anu distinct, If The power Indicated in
the amendment, given 10 the Legislature
MIR. - read an amendment to the amendment which
nc Designed to propose when in order.
Mr. ScoTT expressed the opinion that the amend
.inent read by Mr.. StanGrd would not answer the
purpose
The question vas then put on Mr.. Madisop's
| amendment 20 the amendments and it was rejected
/ Nj SrANARp now offered his amendment, as fol-
lows-
but when court shall be abolished and NJ nc,v
court substituted IN its pace-and the duties that
had been assigned 10 the abolished court shall be
transferred 10 other courts, without rroyiInp o,b.r
Judges than these belonging to such ,ther con,,s
the offices of the Judges of such abolished court
may be abolished with the courts Of which ,bev
were Judges, and when court should be chan
ged or modified, and new different duties ASSIGN
ed TO the Judge Of such Court the commissions of
such Judges msy, in the discretion of the I.epsla
ture be changed to adapt it to the change or mod
fcation ofthe Court"
Mr. TAzEwELL suggested the incoinpaiibi,y Of
the phraseology Of TIE amendment, with the con.
sstutlon me Constitution required Judges TO be
elected by Joint ballot, but the amendment of the
gentleman from SPotsyYania. provided for The rec
lection of Judge, whose office had been abolished.
~ mere change OF the phTaseology of his ccmmis
sion.
Mr.. STANARp replied to Mr.. Tazrweu. and cited
cases, where duties had been assigned 10 Judo-
es, whose Offices had been abolished without aneJX
e'ecting tlcn contenJing shat there was no incon-
gru'ty between the amendment, and the Constitution
al rcqulsition, that Judges should be elected
Mr.. TAYLOR of Chesterfield, expressed The opin
ion that the amendment ofthe gentleman from Spot
syivana was Inadequate to effect it's object and in
dicated an amendment which he should sGnr n flat
we're re ecicd.
Mr.. GILES followed at considerable length in on
position 10 Mr.. Snnards alendment, &, in iustra-
ton ofthe position that Judges commission empow-
particular court necessarily expired with the court
itself Mr. q. urged the necessity of making tho
Judiciary responsible with much earncstncss
Nh MARsHALL explained why he should vote A.
gaInst Mr. Stanard's amendment to the amendment
although he might prefer it TO the amendment iiseIc
The question was then put on tie amendment 20
the amendment, and it was rejected, Mr. Sianard and
Mr.. Upshur alone voting in its favor.
Mr.. STUART, to prevent Judges being turned on,
oil ohce by bare majority, and to prevent the es
Enlistment Of band Of pensioners, offered the
following amendment TO the amendment of the gen
leinan from Pttsylvana tMr. CabeIl.)
"Strike out all after the word but and ipsort
where reorganization Of the Judiciary shall be
made the Judges IN office shall i'll the first place be
! assigned to perform che Judicial duties which NAV
arse under such TeorganiZaton and if there shoud
be moro Judges in Office than may be required under
the new organization the Legislature by Joint vo,c
shall designate which of such Judges shu be cotsi
GeIeG VINO shall upon such designa-
! tOn cease 70 receive Their salaries. And no new
Judges shall be appointed under any reorpanizalion
SO long as there sufficient number of Jndoes IN
once to perform the judicial duties under such re-
organization" - -
Tie amendment rejected without account.
The question recurring OH Mr.. Cabers amendment
| u was adopted by ayes and noes, os follows;
| AYEs.-hlessrs. y. =. Barbour, Jones C;los
! Dromgoolc Alexander, Goodc, Clopfon Anderson'
! Cofinan, Harrison, Williamson, MCoy, Moore
Beirne, Smith, Baxter, Mason, Trezvant Claiborne
Orquhart, Randolph. Madison, Osborne, J. NJ Ma
son, Naylor. Donaldson, Boyd, George, M'Mlllan. D.
Campbell, Byars, Roanc, Cioyd. Ch6pinan, Mathews.
Og'esby, Duncan Loidlcy, See, Doddridge. Morgan
a. Campbell, Wilson, Tazewell, Loyal Prc5tis'
Grigsoy: w: Campbell, Clayton, Saunders, Branch
Cabcll, Martin, Stuart Pleasants Gordon. Jho,nn'
son, Massie. Bayiy--59.
NoEs -Messrs. b. w. Leigh, s. Taylor. Brodnay
Marshall, Tyler, Nicholas, Baldwin Joluson, Miller
/ ". Leigh, Logan, VenaLle, Stanord, Holladav
Mercer, Fnzhugh, Hende' son, Cooke, Powell
Griggs Pendleion, w p. Taylor Morris, Garneit'
Summers, J. $. Barbour, Scott, Green. Townes
Rose Bates, Nenlc, Coalter, Joynes, Perrin. Up.
shur--3G. y
The I'd resolution Of the Judicial Committee was
then read ns follows.