Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-29

count. shalt DC construed TO deprive airy Judge there
of, of his Office; hut such Judge shall perform any
judicial duties which the Legislature shall assign
him.
Mr. GILES said lie was in favor ofthe amendment
He tloughtit anomaly that any Judge should re-
tain his commission, or receive his pay after the
court OF which he was Judge, shall have been u
polished To secure the independence of Judges be
would agree 10 insert provision, instead of this il
it be stricken out, which should authorize the Iegs.
ature to give compensation to Judges in the case
contemplated by this amendment He was in favor
of the independence Of Judges, but could not agree
to place them beyond responsibility That in the
Constitution of the United States, particular care
had been taken 70 couple Cnsation and service
This clause would constitute privileged order, ali
order in possession of sinecures.
Mr. Giles commented upon the provisions adopted
for the removal of Judges. The removal of Judges
by Impeachment, if not wholly inefficient, was one
great difficulty in its practical operation. 1t nigh,
do for crimes misdemeanor, bat for misconduct
out of court, or niscasance in office, neglect
duty it wholly inefficient He was willing tc
leave 1t to majority OF the Legislature remove
in Tie latter cases.
Mr.. MARSHALL. said the former debate of this
question, lie had used an expression which might be
misunderstood. lie never meant TO say that the
Gentleman was capable of msrepreSenting purpose
~, any argument I've Mr.. NJ had used. lie was
pleased this opportunity had occurred Of making
this explanation.
lie said he saw no difficulty in drawing distinction
between the Court and the Judge of that Court
The can be abolished and the other retained II
fer instance, the Legislature should change the name
and jurisdiction of inferior Court why should ROT
the Judge be retained, and new duties appointed tc
the Judge?
Is it the wish of gentlemen, that the Judges shall be
removable at the pleasure of the Legislature? IF the
tenure be not during good behavior there is an end o
all hope that adequate talents be procured for this
Office. Vas it not very clear that there will always be
sutc.ent judicial du;es tor the judges which may be
Bat is it thought the Legislature viii mol remove
the Judges. Let them Look to What this Convention
is doing Does it not at enc blow remove all tte
judges of the Commomw eaTtli
Were gentlemen aware of the effect of these names
OF privileged orders and sinecurists? You first entice
him on the bench, under the promise of holding hi:
office during good behavior. What injustice do YOU
not do him. by turning him loose society, and braud
belonging to privileged order
If the present provisions for removing JUDGES. dc
not make the judges sufficiently Responsible they can
be ed so better to effect the object without
leaving in the power of the Legislature to remove
the judges, simply by abolishng the court
Mr. GILES expressed his profound respect for Mr.
Marshall, and the opinions he entertained He always
doubted his own conclusions, when they differed from
those OF that gcntleman but what Mr.. NJ. had said
had only the more convinced him Of the correctness
OF his ow nopinions on this subject. WAS there any
pledge given TO the Judge that he shall hold his office
during life? such thing, he is be retained in Office
during good behavior provided the Office continue
Mr.. NJ. had failed in removing his objections arising
from the anomaly of judge without a court Is moi
me commission of a judge, the commission of a
Judge of particular, named courti and if that court
ceases to exist this judge perform the duties in
another court, which is not named in his commission
BE thought not. Even in England, where the Judges
are thought entirely independent, the Parliament NAV
abolish the courts, and the Office would necessarily be
abolished. If we adopt this amendment, the Judges
here would be even more independent than in Eng
land. 20
The question .ten taken the motion s,siis.
: Cur,
hrEs-Messrs. P. p. Barbour, Jones, Giles, Drom
goole, alexander Goode, Clopton Anderson Coifman
Harrison, Williamson, M'Coy, Moore, Beirne Smith
Baxter, Claiborne, Randolph, Osborne George M'sIil
lap, Campbell of W., Byars, Cloyd, Chapman Mathews
ogiesby, Duncan, Laidly, See, Morgan. Campbell Of
Brooke razeweii. Loyal Grgsby, Campbell of Bed
Clayton Saunders, Cabe, Martin, Pleasauts, Gordon
Thompson, Bayly-44.
NoEs-Messrs. Leigh of CHI, Taylor of CHI, Brod
max, Marshall, Tyler, Nicholas, Baldwin, johnson
Miller, Mason of S., Trezvant, Urquhart, Leigh of H.
Logan, Venable, Madison Stanard, HolIaday Mercer
F1tzhugh Henderson, Cooke, Powell Crigys, Masor
of f., baylor, Donaldson, Boyd, PendIeton, Roane
Taylor of Car, Morris, Garrett, Summers Doddrdre
wilson, Barbour of c., Scott, Macrae, Green, Prens
Branch, Townes, Stuart, Masse, Bates, Nea!e Rose
Coalter, Joynes, Upshur. Perrin--52
So the amendment was not adopted, and the Con.
ventop then adjourned.