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

Der OF The Congregation which assemble in this bull
dug, should be appointed.
Noorgc IL Myers Was appointed
On the motion Of Mr.. DoupRIpCE, the Convention
res"lvsdi'selfinto Committee OF the Whole, Mr.. GsR
GoN IN the Chair.
On tdc motion OF Mr.. +. 7. BARuoua, the first re-.
solution ogthc Judicial Report taken up for con
s6eration II is as follows.
"ReSolved, That the Judicial power be vested in
Court OF Appeals in such InlCrnr Courts as the
IoaS ,au,e shall rom unic To time ordan and esta.
bliSh, sud the county courts The jurisdiction of
these i5Unals sLalbc regulated by law. Tic Judges
Of the Court Of Appeals and of the inferior Conrs
shall DID ihoir Ollie, during good behavior, until
removed W Tie hammer pr, scribrd in this Coustlu
ton; and shall, al the time, hold other nj
fee appointment puhlUc trust and tho acceptance
thcrc"i oy Gather ct then shall ,acato has Judicial
office. No medication or ahoii ,on of any cnuft
shall be Construed To deprive any Judge thereof ofhs
Office, bat such Judge shall perform any Judicial din
tios WHICH the Legislature shall assign him"
Mr. BNRUOUR moved that the last sentence of tho
s11vc resolution, "'o modifcatlDn &C. be stricken
Mn BApuoun said ne had no idea OF de-
tang The Committee with long argument. lie
Wo1d submit few reasons IN support vf the amend
mca, Lc proposed The object OF The first te ,outon.
was % guard against difficulty experienced else
where, namely, IN the ofthc inability of the I,c-
S>a,OJc 90 r,m move Jud p they abolished tin, Office
altogether " would make few r,In,rks OH the
unprecedented difficulty. UE.s difficulty might occur
here. /; has occurred IN Maryland, and has Produced
IN h'n ucNy much cNcitcmcn, tho public mind -
AL power i htbic 90 abuse, and the uuly remedy Is
aGi 10 gave power where here a strong reason to
suppose that abuse may talk place. In Kcntuckv
pubic oplniun coudtor1CCd ihc cndoayor of the -
gIs"turc TO remove Judge. In Virgin a. the cha
'aeirr al the people would he a surety against any
Su'h percussion Ci power 10y the LeEiS.atufe IL l.,
proposed that uo abolition OF uilice would drpr,vc
a Judge Of his Office. Suppose We had mere Judoes
than We could Employ, the Legislature would, accor
ding To this PROVISION he deprived OF he power of r.
mpvai. suppose i was the wall of the Legislature IN
adopt cou,sc M relation 10 the SUPERIOR Courts
SuNpo II was IN the contemplation Of the I,pisIn
insc {" unite Ills chancvry and common law urlsdic
ton III one court then til Chancellors won he, ITO
csS' q ne Legislature 'ud not remove them 1t was
wrong o nTgur lha' tear OF III" abuse of power IN
the Legislature sufficient 10 ,lepr,yc tho,, ,r
the means of exercising power under the sumo
sod cases. II" Presumed that no officer shollJ H..
p"rn cd IN this cC::noRvca'th n rec..,-c n l,rv
Tor an Office that does not exist. he wont on t.
shew that IN cnccavorlrg To get ri ofoue evil wn
we're runnlng upon another and greater one ''Fha
character OF the people and OF tha Legislature ofthis
state an horsc him 10 say that no such result ms thai
anticipated, could ever come. Some gentlemen s,,o
gestcd that the ID oiution would r medy this de-
icct lie read tie solution:
Resolved, That Judges may be removed r.o,, oc
Ice by vote of the General Assembly; but two-
thirds OF the whole number OF each House mus, CON
cur IA such vote and the of removal shall be
entered on the journals OF each. The ulGo o.,,,rt
whom the Legislature is about 20 proceed, sLall r.
celvc notice thereof accompanied with the causes n
legged for las removal at least twenty DAYS before h,
ne .lI
shall aci thcreupon."
The resolution contemplates all Office of JUDI.
winch IS IN existence, aud the removal from
winch IS noihRT more than producing VA
cahcy from the context Of the resolutions nc
proved that the office was ] Il nded 10 H..
hIIed again, If tho incumbent was removed:
anu II he Is not removed having yindicatcd hIs
innocence of the causes alleged for his removal -
h' sun remains IN Office When Judge is called o
answer charges, he + not to argue with the Lecisa-
ture whether The officer should be abolished or not
put 10 fepci those charge' winch brought against
Lin.
lie was aware of AMI advocate the reasonable in
Grpcnce OF the Judiciary, and on int he would not
break IN upon any accounts but lie would not mako
tnem independent OF the will Of the Legislature aud
OF Tue people; And If The Legislature think that he
once sho'ld be abolished, these provisions OUGHT 10
be retained, for it deprived them of the poyvcr Of
compishng that object.
HIr. VENArLE was an advocate oC tho lst rcsolu
ton o. Tic judicial Report. He !;ncyy there vvero
evils on both sides but ON looking at th m he would
prefer the least. Suppose we thonrht nronnr +
change The Office, the judges miubt be transferred
10 "''e.cr court ana when their lives icrmino ted,
the ONCE vas at an end. lie prcfrrod to give this
power to the Assembly, the consequences to be D.
PT'hendcd from pursuing different course, were 40
comparatively trivial.
Mr.. STANARD expressed his surprise tl.at the ga
gacious gentleman who proposed the amendment;
nisconceived so much the very terms of tic resoln
Let US look to the general reasoning of the gentle
such IS the integrity Of the Lcgs iaurc of Virginia
tha' ne o'es ".; hcl:vc that at any time spIr-
should De dolniuan, ~ tal body to aboIisl. th- Of
hce5 oil unpopular Judy cs--nQ linz th c,,,o
renee oi two neIghbUrng States. He INDUCES tits
anticipation official oblivion Of what daily OCCURS
w hat was the curse IN k"ntncky' The pis ions
"i tn L"gI lature were embodied against two judy
os aud ia" constii uon requiring two-'hiris To r.
move The Judges me Legislature was unaJ G to eff
feet IT. having only minority ofvoirs IN iavour ofihe
measure Ihcy then rcsor,ed 10 this course mud
they passed law TO get rid Of thr court The
Court bong thus abolished the Jud O. were dcpri
we'd at OHC', and then ID " cuIct"d law % supUly
Il new Court, and Of course new Judges Are we
free from thl# May not the Legislature when II
should all IN establishing iLcir charges against IN
Judges-mny % not-in 0bcdicnc, 10 thc OH section
avail itself OF THIS amendment WO cannot claim ok
cuson from bong influenced by the passions oi orr
neghbors. This resolution is necessary by rcagon|
OF the Bth resolution, for if they fail in the grafcu
ton offered by the 9Th, they VIII resort to he pro-
Visions OF the first. Look, h. would ask 10 the no.
lcnha influence given by this provision 10 the ,ds-