Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-31
Mt Injustice In the hopc that ,hc Legislature

lie dente0 mat tuoSo VINO Wer0 tnflrm disabled.
whose situation claimed sympathy & tenderness would
have their e filings soo,hed by being dsissed only in
company with all the because omission Of them
when the others should be re-spponted, especially al
ter The ground had expressly becn avowed that all no
competent and worthy Judges would certainly DC
!, rs.appcuted, would wound them quite much as II
they had been excluded while others were retained
But suppose the effect to he different. where tho
morality Of doing an act OF fragrant injustice to all.
tAe cake Of shielding the feelings Of few!
Mr.. 8. concluded by recspitulating the ground he
had taken, and presenting the IN final appeal to
the Convention, against what he conceived 70 fragrant
on outrage o" duty and Propriety,
Mr.. GREEN asked aud obtained leave 10 omit giving
his vote.
Mr.. Scorr then aldres cd the Convention as follows.
Its with Infinite reluctance at this late hour Of the
day, when no much impatience is maniie-ted by the
House, that ask lie attention Tor single moment. The
recu'isr relation in which stand to me resolution
der confederation, makes IL duty which owe my
se and to the House, after the strong OF ts OPP
posers throw myself the indulgence Of lie House
Tor few mpmen,s. do not propose to attempt la
houred argument much lees reply 10 those which have
been urged against the resolution but will explain
ny briefly some Of the reasons which have Influenced
me.
The mover Of the resolution in the Select Com.
mittee. am nevertheless one oil hose who estimate
shc value OF an independent judiciary above all price
Sir will vote for any Constitution which any portion
Of this House may propose, with i0dependen Mt Judi
ciary, In preference to any Constitution which any
other portion Of This House propose with Deepen.
dent Judiciary. II has long been my settled opinion
happiness OF the people, and especially Of the middle
and lower CLASSES long be secured by any form
~ government without an able and upright bench and
tsst such an one can only be obiansd by making the
Judges ipde pendent. i do not indcp dence
81 the ordinary appointing power.
We are assembed here rs the representatives Of a
people having existing social system, consisting of
body Of laws. fundamental and ordinary, and of
i~eronari's to carry those laws into operation. Our
task TO resentment to tn people such changes in
their social system think conducive TO IN cir hap
riaess. We may recommend IL TO them to change
their fundamental law, their ordinary laws 10 dis
he "a half
expedcnt to recommend 10 them todf.mss their Judges
not Of those who think that under the existing
Constitution or anyConstitution which declares that The
judges shall ho'd their flee during good behaviour,
judge be deprived of his Office by aboishng his court
can not perceive tho distinction between takin the
from the ohice and taking The Office from the man The
sase. Mr. President il woud be violation OF order,
Iwere to take you out OF that Chair and cannot per-
ccve how should be less guilty Of violation of order
III were to take the chair from under you This view
of the subject rendered il necessary IL be proper that
che present Judges should be removed that their re
should be effected by constitutional provision. Such
provision Is no longer necessary, after the adoption OF
the amendment 20 the first resolutions: under that pro
vision the Judges may at any time be Ieeilsed out OF
ONCE is under frint hope, that that ape mt
may not receive the final of this House. that
am induced TO say soy thing the resolution under
confederation.
MIR. President, II is agreed on all hands, that our pre-
sent Judicial system has not accomplished the end pro
posed--a speedy aud satisfactory administration of ms
uce. his failure must arise eiter from dcfec in the
SYSTEM or from the fault Of tke Judges, both IL il be
attributable 10 the defects OF the SYSTEM tcnit is dcsra
be that the Legislature should have free scope TO amend
II. we should NOT impose upon them the necessity of
stng the systemic the Judges, but enable them 10 Sc
iectJudges TO suit SYSTEM which, in their wisdom shall
seem best Iii arises from the fault of the Judges then
they ought TO be removed Sir, f believed for n mo-
rncnt that party spirit faction or personal dislike
TO the Judges singled in this natter or would enter
INTO Tue question of their disappointment, j should
De The last man in the Convention propose such ea
sure believe that all of them who are worthy will be
disappointed. II is because [ believe the public
good requires it, that proposed the resolution I'M
der consideration.-But whilst feel il nv duty 10
make This sacrifice, of individuals the public good
ior such l consider II, am for making compensa
uon 10 such as shall no. be appointed, far money
can compensate. prefer an amendment which shall
make It obligatory Oh the Legislature make that com
rcnsaion, and in the committee Of the whole, voted .
gninst the resolution because tina, amenm-n, f,led
subsequent Reelection induces Tor the so-
ton, provided the latter clause oft be retained con-
slider that clause declaration of the Opinion of this Con-
ven:ion that the Legislature ought TO make CONNIE
lion; and relying that q recommandai, from such a
quarter will MT be unhe eded content though re-
luctantly, TO take the resolution II stands. But IL
that clause be stricken out, shall agans, the
luton Such provision have no tendency to i'm.
tfoduce the much dreaded pension system. As reno.
val OF the Judges on the hand, by exertion of
The primary overegn power ofhe People, does not i'm
pair III. independence OF the Judiciary, so on the other
scompensaiion allowed by the pswer,o those who
may not be re appointed, can furnish prcc lent to
the ordinary Legislature for the establishment Of pen
sioDs and sinecures.
The question al length taken On striking out the
Clause wbch NecISrfs that'ths Legislature
tn he paid TO such of hem shall be re- appoinr
such sum. "a, for their az infr ties and past serv
sbali be deemed removable"
And decided as follows by Yeas and NAYS:
AYES-M -ssrs Barbour (Pre.iienO Taylor of Chcs-
tcrheid, Dfomgooe, Alexander, Goo!e Nch,ia. CIop-
ton, Anderson, CofEp,n, Harrison. Williamson, Bald
win, Mccoy, Moore, B"irne, Smith, Miller Baxter.
Mason Of 5. Trexvant, CIaiberne Urouhari, Randolph
Fi'zh"gb Mason Of F.. George, M'AIillan, Campbell
OF w, Byars, Roane, Taylor Of Caroline. Mathews
Ogie.by, LsidIey, Summers, Morgan, Campbell OF
Brooke. Tazewet Campbell Of Bedford, Clavior.
Saunders, Branch, Townes, CabeI Martin, Stuart,
Plra.ants Carbon, Thompson, and Bate,-5O
NOES-Messrs. Jones. Leigh Of CHI, Giles. ID o,l-
max. Mar.haii Tyler, Joln.on, Leigh Of f.. Logan.
Ven'be. Madison, S,anard, Holiday, Mercer, Hen
iersor Osborne, Cooke, Powell, Griggs NayIor Dom
aldso", Boyd Pendlelon, Morris. Garneit CIoyd
Chapman, Duncan, See, Dodj,iigs, Wilson, Barbour
ri g., Scott Loyal, Prcnts, Grigsby, Msssie NJ ale
Rose, Coslter, Joynes, BayIy, aud Pcfrin--4i.
So the clause was stricken ont
The question was then put o., d. sroving the whole
Te,oiu''oD by striking out the word Resolved" hen
Mr. SUMMERS observed tina, his opinions had teen
IN harmony with the resolution: That he came TO the
House intending TO for it, and not I. hstandny the
srgm'nen'' which he had heard, his opinions remained
unchanged although entirely mistaken; he how
ever felt much Difference and respect for die xanpIc
ct the gentlemen over the way Judge Coatcr and
Judge Gre"n) aud bad de.crinn I'd not 10 vote on the
question, should II be the pleasure of the House TO ex
cuse NV bereupon he was excused.
The question was then taken, and decided by Yeas
and Nays az follows!
YEAS-Messrs Leigh and Taylor of Chesterfield
Gies brotnax Marshall, Nicholas, Baldwin, johnson,
Mason OF 5 Fsezvan, Claiborne, Urqu,art, Logan
Madison, Saosrd, Holiday, Mercer Henderson, Cooke
l-atH