Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-01

to declare that the different departments should b,
separate and distinct, if the power indicated il
the amendment were given to the Legislature
Mr.. 5. read an amendment to the amendment which
he designed to propose when ip order.
| MT. Scorr expressed the opinion, that the amend
ment read by Mr.. Stanard would not answer the
purpose $3.50
The question was then put ON Mr.. Madison,,
amendment to the amendment, and it was rejected
Mr. STANARD now offered his amendment, as fol-
lows:- 100,
court substituted in its place-and the duties that
mad been assigned to the, abolished court shall he
transferred to other courts, without providing ohe,
Judges than those belonging to such other courts
the Offices OF the Judges of such abolshcd. court
may be abolished with the courts OF which the,
were Judges, and when court should be chan
ged OF modified, aud new diffarent duties assign
ed to the. Judge of such Court the Commissions :,
such Judgessmay, in the discretion Of the Legsla
ture, be changed to adapt it to the chanGe or mod
| iiication of the Court. y
Mr. sIAzEwELL .sug gested the ncolnpatibity O
the ptlraseology of the amendment with the ron
sttution, Phe Constitution required Judges to bf
elected by joint ballot, but the amendment of thu
gentleman from Spotsyyania provided for the rec
lection ola Judge whose office had been abolished
by mere change of the phraseulogy of his commits
Sion
Mr. STANARD replied to Mr.. Tazewel and citeo
cases where new duties had been assigned to Judy.
eS, whose offices had been abolished without anew
eect'ng them, cpntending that there was no incoD
gfuity between the amendment, and the constitution
al requlsiton, that Judges should be elected
mr.. TAYLOR OF Chesterfield, expressed the opin
ION that the amendment ofthe gentleman from Spot
sylvania was Inadequate to effect it's object and in
doated an amendment which he should otter if tina,
were rejected. rs
Mr.. GILES followed at considerable lenGtl, in ON.
position TO Mr. Stanards amendment, & in llustra-
ton ofthe position that Judges commission empow
erlng him to exercise the functions of JUDGE in.
particular court, necessarily expired with The court
IssiI. mr.. ". urged the necessity of making the
Judiciary responsible with much earnest ness
MI MARsHaLL explained why he should vote n
gainst MIR Stanards amendment to the amendment
although he might prefer it the amendment itself
;, Inc question was then put on the amendment 10
the amendment, and it was rejected Mr. Stanard and
Mr. Y pshur alone voting in its favor
MI STUART, to prevent Judges being turned out
OF Office by bare majority, and to prevent the es
adjustment of a band of pensioners, offered The
following amendment to the amendment of the oen
tieman from Pittsylvania Mr. Cabell.)
"Strlke out all after the word but and ipsert
where reorganization of the Judiciary, shall be
made, the Judges in Office shall in the first place he
assignedto perform the judicial duties which NAV
arse under such Teorg azstion; aud if there should
be more Judges in Office than may be required under
the new organization, the Legislature by Joint vote.
shall designate which of such Judges shall be cons;
dered snpernumerares, who shall upon such desqna-
ton cease to receive their salaries And no new
Judges shall be appointed under any reorganization
SO long as there are sufficient number of JUDGES in
office to perform the Judicial duties under such re
organlZaton.''
Tue amendment was rejected without account.
The question recurring on Mr.. Cabells amendment
1t was adopted by ayes and noes, Us follows:
AYEs-Messrs. p. Z. Barbour, Jones' Giles.
Dromgoole, Alexander, Goode, Clopton, Anderson,
Cofinan, Harrison, Williamson, MCov, Moore
Beirne, Smith, Baxter, Mason, Trezvant. Claiborne,
orquhart, Randolph, Madison, Osborne, ]. M. Ma
son, Naylor, Donaldson, Boyd, George, M'Millan, d.
Campbell, Byars, Roane, Cloyd, Chapman, Mathews,
Oglesby Duncan, Laidley, See, Doddridoe Morran'
4. Campbell, Wilson, Tazewell, Loyal, Profits,
Grlgs5y, w. Campbell, Clayton, Saunders, Branch,
Cabell, Martin, Stuart. Peasants. Gordon, Thomp,
son, Masse, Bayiy--59.
NoEs --Messrs. B. w. Leigh, S. Taylor, Brodnax.
Marshall, Tyler Nicholas Baldwin, Johnson, Miller,
Mercer, Eitzhugh, Henderson, Cooke. Powell
.Griggs, Pendleton, w P. Taylor, Morris, Garnett.
Summers, j. s. Barbour, Scott, Green Townes
Rose Bates, Neale, Coulter, Joynes, Perrin, Up,
shur--36.
The I'd resolution of the Judicial Committee was
then read as follows
2. RESOLVED, That the present Judges of The Courl
OF Appeals, Judges of the General Court and Chan
celors, remain In Office until the expiration of the
session OF the first Legislature elected under the
new Constitution, and no longer. But the Lepisla
ture may cause to be paid to such of them as shall
not be re appointed, such as, from their aoe in.
hrmtIes and past services, shall be deemed reason
able.
Dir CLAIBORNE moved to strike out the whole
resolution Believing that the object of CALLING the
Convention was Reform and not Revolution, Mr.. c.
oa'u NC Couu Hot perceive the Justice of sweeping
the whole Judiciary from office. Upon tine violence
ana injustice of this proceeding, Mr. Claiborne ex-
patated at length and with animation
Mr. COOKE said he had come to the House To.
day, prepared to make he motion which had lust
been made, and proceeded to impeach the Justice
and morality OF caslnering the Judges in BODY.
He acknowledged that popular prejudice was run
ming high against the judiciary, and that it required
large share OF moral courage to oppose itbu in 90
years practice, he had found the Judiciary faithful
aud dilgent and ascrbed the slow propres of ;,,e
tice to the bar rather than to the bench.
Mr.. CLAYToR enquired if it would be in order to
move part Of the resolution, If the whole were
stricken ouR and the Chair replied afTirrnativeJy
Mr. MORGAN moved to amend the resolution BY
Striking out the latter clause, empowering the Lee
gislature to compensate cashiered Judges
Mr.. GILES considered the first branch of the res
outonr exceedingly harsh, and would vote in favor
OF retaining the latter clause, in order to ena-
bic the Legislature to compensate Judges for the Sc
verify of its operation
Fir. CLAYroR suggested an inconsistency between
Tue argument now delivered by Mr.. Giles, and his
argument in favor of