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

rpt,i
hides to, provides for the CONTINUANCE Of the oi;c a.
the abolition of the to the contrary not;tL
stanoinS: ne eoohtion may deprive the Judre ,s
jurisdiction, but not OF office What better rcasoG %
be assigned TOR removal, than that the sense of ill.,
legislatures opposed to the continuance of the ofc-
Inc paragraph furnishes this sautary check ON
the Legislature. They are inhibited from reuo
wing Judges 6y obotishia; the eJlice II This nor,
graph is removed he check of tia. iutcior, o ~
improper legislation of the Assembly will be n non
entity. Can we upon any fair look forward e,
any prospective period mon less judicial pocr viii
serve the State than a, any antecedent pcro,ls
What mischief can flow of this pararranh. r.
that 10 to be the case but that judges elected under
one system may be supernunlprarv under anotI,,-:
ne believed we could not dispense with Judges at anv
future period If the supernumernry Judges become
100 numerous the 9Th resolution gives power TO the
Legislature, for their emotion.
The Legislature may abolish tht, coprts If c,o,
Gerry, put has the power 10 continue their iursdc
tion ana II new court Is organized, the Lepfs-
iature hasthe power to transfer the Judge to it,.
ilc asked the committee candidly WIS these bcre
hts t" be disregardcd lest by possibility the salaries
OF few Jugdes whose services were no, required
might continue. wy
| Mr.. MoRRrs proposed an amendment 10 the cIausn
which the gentleman from Orange wished IN stril.n
out The modification he proposed would onsror
the views OF both the gentlemen (Mr. Barbour and
Mr.. S'anard The gentleman from SpottsyIyon;o
conceives that the 9th resolution enables Tho 90;
ture to remove any Judge from an cxistine Office ~,
the gentleman from Orange, says the LIST resolution
dePrves the Legislature of the power He ,b,s
snbmitte ed the following propso as an addition to The
clause proposed to be stricken out Provided how.
ever that it, upon the modification abolition of on
court, any Judge or Judges, should not be directed
to perform other judicial duties, it shall be cpmnn
tent to the General Assembly, two, thirds of ii-,
whole number of each House concurring therein. r.,
| vacate the commission or commissions of sucL Id,-
or Judges
Mr.: BAnBouR said the proposition of the yentie
man from Hanover obvates the objection he n,do -
me a.n resolution he wns unwilling to enact ou
organic law on the hypothesis that the Ienislot,r
OF his native State Will willingly preform o5v mor,1
wrong He would vote for the amendment thono4
he would persevere in his motion 60 str;ke ont r.
clause should the amendment prevail
/ Mr. MARSHALL said lie did not int end to e,to, mr.
the DEBATE Had the gentleman from Orange nc
guessed IN the amendment of the gentleman froa,
hanover he would have sat silent. With gren rrrs
pecttor the opinion of the gentleman from Orapo,
he must say that he misquoted and missated the fs
resolution when he supposed the construction of this
resolution was conflicting With it, He psed ~
word ''oice" instead of Court," several times in bi
argument This misquotation lends all the weiuht
belonging to his argument s"'
/ Mr. NJ said, tyou cannot re,noue ,,.r g.
office which does not exist" He referred ,es; ~,
Mr. BIS using the word ''ofce instead of co,, 20 ="
the hrst resolution He replied no abolition oP -
Court shall be construed into removal from ofi
not the abolition of an office The judge still retain
his capacity to administer justice 1t follows rben
that there ls no necessity for the amendment nror
ed by Mr. Morris, for there is nothing in tbe etl r.
olution to prevent its application to the Ist Th i
guage IS, modify your Court as Won pessr, The
Judges SIM remain ready to receive Office at er,,
Tune. noPeQ Motifs Wcnid wifhdra,,
snlcodmcnt, as 1t only encountered the resolution
Mr. BARaouR said he read from the printed pans-
PhloI. tbs argument was that the first clause wis
incompatible with the 9th resolution -
/ Fhe Judge is to be summoned, hapiuu rece;,,od -,
tee or the charges allcdged against him, p,,
Suoge IS called upon to answer charges when his o
nee hu is vacated, and to argue whether the Office
snail be abolished or not. So he resoutions 90.
Inconsistent were
nm, Mr: MARSHALL repeated his argument in reeIv
ne charge is not against the Judge but neainst III,
<
the Judge. We are not to conf0uud the cans- -,
to impeachment with that to removal pho i'm; %
peaehinent is carried on in the Senate, but the L..
gislature may say that the number of Judges J.; ~,
necessary, and may be dispensed with - '+'
Mr.. MORRIS did not think the amendment necess..
\ ~ Dut lor the purpose OF removing the dhicufv
suggested by the gentleman from Oranoe He sn;a
ne would retain it. His object in proposing il wasr
shew the gentleman from Orange that there w. ~
inconsistency con between thetwo resolutions.
MIR. DoDDRIDGE said he would vote aoa;-.. I al
the amendments and the proviso He vsterJ, o ,o
ted against striking out the end. resolution. .Fbo
great difficulty of the Legislature in reoroan;i,
oce n growing out ofhe tenure Of
acted upon to remodel the Court of ApneaIs h.,
aucihg the number of the Judges from to 3: md
tne saary OF the remaining was made equal to that
VI 'he D. but much inconvenience was incurred nv
the reduction OF the number of Judges thew were tbc
increased to the former Number at the salary o;I.'
en- 10 the Judges when the reduction took place
he then detailed plan he proposed to submit ther
the business would come into the House
The question on the amendment to the amendments
was negatived
The question recurring on Mr.. R.r,,o,,., ,.:.-
| to strike out, '''0'ioi'
mr. JOHNSON said he was opposed to put it in fire
power OF the Legislature 70 remove ali the Judges
of all the Courts for any cause ofibe iustce f 80
they may be persuaded He reuj the first clause ~
The resolution: The judicial power shall be vested
II we agree mr.. j. said to the whole paragraph. is
placed beyond the power ofthe Legislature n ,o5'
my or abolish? ItPrevents the Legislature from
reVlvng Court of Appeals, &C., but mon
70 70 re"rganlze on new foundation. Suppose the
Court OF Appeals was altered there auvproterto,
gwen to the Court of Appeals as at present oronfZ
eo Mone II will put all the Judges at the mer-