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

roper person.
MIR. hrrcu hoped that no balloting would ,ske
,cce, but that the person nominated who was MEM
Der OF the Congregation which assemble in this bull.
ling should be appointed.
George X Myers appointed.
On the motion of Mr.. DoDpRrDGE, the Convention
Don in the Chair.
On the motion of Mr.. P. P. Barbour, the first re-
solution of the Judicial Report taken up for con-
sderation. 1t is follows:
"ReSolved, That the Judicial power be vested in
a Court of Appeals, in such inferior Courts as the
Legislature shall from time to time ordan and csta
blish and in the county courts The jurisdiction of
these tribunals shall be regulated by law The Jdoes
OF the Court of Appeals and OF the inferior Conrts
shall hold their offices during good behavior or until
removed IL the prescribed in this Constiiu-
tion and SHALL at the same time, hold no other of
hce, appointment public trust: and the acceptance
thereof by either of them shall vacate his Judicial
Office. No modification or abolition OF anv cnurt
shall be construed to deprive any Judge thereof his
Offices but such Judge shall perform any Judicial DIN
ties which the Legislature shall assign him"
Mr.. Barbour moved that the last sentence of the
above resolutions 'iHo modification, &C. be stricken
out.
Mr.. BAnrouR said he had no idea If do
tang the Committee with long argument He
would submit few reasons in support of the amend
ment he proposed. The object of the first resolution
was to guard against q difficulty experienced cIsc
where namely Ill the ofthe bili,y of the Lee
g1sa'ure TO Jud &c they abolished the Office
altogether. He would make a few remarks on tho
aprrehended difficulty. This difficulty might occur
here. 1t Eas occurred in Maryland aud has produced
IN Kentucky much excitement in the public mind
All power is liable to abuse, and the only remedy Is
not 10 give power where there is stronr reason TO
suppose that abuse may take place. In Kentucky
pubic opinion counteracted the en,ieavor of the Lee
glslaturc to remove Judge. In Virginia, the cha
racter OF the people would be surety against any
such perverson OF power by the Legislature 1t is
proposed that no abolition of Office would depr1ve
Il Judge his office. Suppose we had more Judpes
than we could employ, the Legislature would. accor
ding TO tins provision, be deprived of the power of re-
moval. Suppose il will of he Ic,sisa,nre IN
adopt course IN relation to the Superior Courts
Suppose 1t was IN the contemplation of the I,crsla-
ture to unite tbs chancery and common law iurIsdic
ton IN one court, then tho Chanceors would be use
less, " the Legislature could not remove them r ,v,s
wrong 10 argue that fear of the abuse of powrr in
the Legislature was sufficient TO deprive them of
the means OF exercising that power under the Sumo
sea cases. LIE presumed that no officer should he
permitted IN this Commonwealth to receive salary
tor an office that does not exist He wont On ~
shew that IN cndcavoring get rii of one evil we
were running upon another and greater one The
character OF the people and of the Legislature of this
State authorize him 10 say that such result as that
anticipated, could ever come Some gentlemen suor
gested that the 8h resolution would remedy this de-
feet He read the resolutions
"Resolved, That Judges may be removed from of
lice by vote of the General Assembly; but two
thirds OF the whole number of each House must con-
cur In such vote and the cause of removal shall be
emf cred on the journals of EACH The Judge against
whom the Legislature is about proceed shall re-
celve notice thereof accompanied with the causes nj
legged for his removal atleast twenty DAYS before the
day which either House of the General Ac..n,LI
shall act thereupcn."
The resolution contenplates an office of Jud,re
when is IN existence. and the removal from
which is nothing more than producing va
cancy. From the context of the resolutions be
proved that the office was intended to be
filled again, if the incumbent was removed.
ana II nc Is not removed, having indicated his
innocence ofthe causes alleged for his renewal y,
Whnno Ind
answer charges, he is argue with the TeoisIa
ture whether the officer should be abolished or NOT
pat TO rcPel those charges which brought against
him. s''''
He was aware of and advocated the reasonable in
depence of the Judiciary, and on that he would not
oreak III upon any account; but he would not make
Cnem independent OF the will of the Legislature and
OF the people And the Legislature think that he
Office should be abolished, these provisions OUGHT 70
be retained, for deprived them of the power of ac
comPislnng that object.
Mr.. VENABLE advocate of the LIST resolu
ton OF the Judicial Report. He knew there Tvere
evils on both sides, but on looking at them he would
prefer the least. Suppose we THOUGHT nroner r.
chahgc the office, the Judges might be transferred
10 anotncr court, and when their lives terminated
the Office was at an end. He preferred to rive this
power to the Assembly, the consequences to be an
prehended from pursuing different course were so
comparatively trivial
Mr. STANARn expressed his surprise that tho sa
9acious gentleman who proposed the amendment.
ml5concelved so much the very terms of the resolu-
ton.
Let us look TO the general reasoning of the gentle
mai He INDUCES in the pleasing anticipation that
such is the integrity Of the Legislature of Virginia
that he does not believe that ut any time spir-
il should be dominant that body to abolish the Of
fees OF unpopular MISUNDERSTANDING the expe
renee OF two nelghboring States. Hc INDUCES this
anticipation oftotal oblivion of what daily occurs
w nat was the course in Kentucky? The passions
ofthe Legislature were embodied against two Judr-
es' and the constitution requiring two-thrds to re-
move the Judges the Legislature uas unable to eff
feet It, having only majority ofvotcs in favour ofhe
measure They then rcsortcd to this course, and
they passed law to get rid of the court ,Phe
Court being thus abolished, the Judges were depri
Ved OF office, and then they enacted law to supply
tree from this? May not The Legislature when it
should fail in establishing their charges agunst the
JudnCS-lnaY II not-n nhn1irncc 10 nu.4i...