Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1830-01-07

lection to its adoption but |, was impossible
not to see. that the amendment in IFS present
form, revived the old question. rs 10 the DEEPEN
Jence Of coaimuance of Judges office, on
the will ofthe Legislature. Whenever II should
be the will Of the Legislature to take away the
employment of q Judge, by abolishiog the
Court in which he served. and to take away
his support by assigning him no other duIies, u
was perfectly IN then po"er to do 80. II the
anne Ddmeut had required M more, ihaa that n
Judge should receive no salary, When there
were no judicial duties tn be- done, which might
be assigned to him, he should be content; but
ifm rested on the will Of the Legislature. to
assign him any duties or not ~ doobtrdy, tbs
the tenure OF such - judges Office. was a ienurs
durit < pleasure merely.
Mr. Cabeii said he should not b. 81 presomp.
tuous. rs 20 oppose himself IN argument TO the
venerable gentleman from Richmond; nor was
II necessary 10, him - do 80. lie had been
induced to Her an amendment, by n seered 70.
gard To his duly 10 his constituents and be was
perfectly confident. that II ,hs Cons hutton was
eventually 10 contain such feature III II, as
the Grs Resolution contained. and which II was
the objee, II his amendmeni 1 srike out, II
would not be voted for by - mtn, IN all The
district from which be came They would rel
gard such clause, ~ evnciDg an attempt 10
establish a band Of civil pen sionrrsj aud ne was
we'll assure d hey uever would tolerate II. So
long NJ an officer performed his duties they
were very wiling should receive hS salary
hut wien, for any cause. physical or moral
that officer should he unanle to perform The
duiy he had eoveuantnd 10 do, they would not
cansrnl that he ,hond receive the tmolnmenh
| oi ofhce MIR. {, INSISTED that hia amendment
IN 40 degree aita cks d the indep odenco OF The
Judiciary Department he should certainly be
the last man IN thai n semby VIM would oiler
10 do any thing thni ou have such ienden-
cy Bn he thought il 'bs Judi larry Depart
ment was SECURE they who pr ded IN II must
b suni ienlly so When the public interest
should require the abolition oil a court the legs
le,ive body coming from all parts Of the Com.
NOW nth, aud being acquainted with the III
ieresis and feelings oil the whole stats woulo
soon di4covr, the NECESSITY 0i the case, aud
would abolish il accordingly. And when
Judge was discharged hou, the neccssiiy ofpet
forming any work, he could not conceive that
h" was eD,,il,d To frceivs hi. salary The idea
that his flee remained after his court was a
hot shrd was 50 very meiaphy steal, that he
WIS really unable 20 comprehend 1t. fie had
| always pr, sum d TIN, the ollco of n Judge war
| Incidental 10 lie court of which h. was Judge,
aud wben the cour, was abolished, IL fell 81
course. thai HE Onin. Of a Judge ceased as
5000 ms the thugs he was TO jhige of were
Withdrawn Bni he shoul not attempt 20 put-
sue h. argunien, " amplify the IDEAS he ba,t
suggested.
N Clayton asksd tina the question should be-
taken by vas u nay, theJ we've ordered by
{ III 40
Nj Madison said b. availed himself Of the
remark OF h gentleman from Richmond. 10
enquire ,.hcihc, ~ would mo- be proper lo va.
~ the nmend Heni, So Ms 10 any hal II there
were no duties property AS ignable to the
Ju ige b. the Legislature, hat t1un ne should
receive no salary H. bflieved this would
meet The DISTINCTION ~hi' IN tho gentleman had
sugges,ed--a il no bod, else moved il as np
amendment he would himself do 80.
Nj M. accordingly moved as an amend
meDt TO TIE amendm' ut Of Mr.. Cabcll, 10 strike
out The words, h" n no duly shall he assigneb
him, and insert IN lieu thereof !" II there shall
be no duiirs propotl, HssigDabe 10 hihi."
Mr.. Siandrd then read the following as an n.
mendment be should offer when an amendment
should have bren disposed Of VIII, To strike
ou' from the word but" III M' CabelPs
mendment. and add these words " But when
Court shall be abolished and no new Court
substituted In It's place, and the duties which
had been assigned the abolished Court shall he
transferred TO other Courts. withou, providing
oiher Judges than those belonging 10 such other
Courts. the offices of the Judges Of such abol-
ished Courts may be- abolished with the Courts
OF which they were Judges: Aud when u
Courl shall b. changed modified, and new
Tor different duties assigned to tha Judges Of
such Courts. the commissions Of such Judgea
may, In the discretion of the Legislature, he
changed to adapt !, to the change or modfiica-
ton ofihe Courts"
M s. did not consider il as indisponsably
necessary, cut was willing il should be inserted
Ivy way Of Ell planation. 90 remove all difficulty
as TO the latter clause Of the LIST Resolution.
Mr. ScOH thought the amendment would fai
of its obect-as q Legislature determined mi
its purpose might easily evad- il by ransfeL,
ring the duty Of the obnoxious Judge TO anoih.
er existing Court aud afterwards at q suisse
quent session organizing new court aud re-
transferring the duiies 10 n new Judge.
The question being now put on Mr. Madison's
amendment, II was not sgrerd TO.
The question then recurring on the amend
meni of Mr Cabell.
Mr.. Sinnnyd fiered the amendment he had
read.
This amendment gave rise toa long and ami.
ma ed Jcba'e. in which The merits Of the oriei-
nal amendment were occasiohaliy mixed in the
DISCUSSION.
Tho question WINS then taksn on Mr.. Stan.
ards amendment, aud decided in the negative
BY yea, and nays,-Ayes 2, Noes o.
Mr. Stuart now moved the folio wing amend.
meni:
"Whsre reorganization of the Judiciary
shall be- made, ib. Judges 10 Office shall In the
frs place b. assigned 10 perform the Judicial
duties which may arise under such re.orgsui.
cation, and If there should be more Judges in
Office than may be required under the new or
ganzaiiou, ths Legislature by joint vote shall
designate which OF such Judges shall be consd.
cred superoumeraras. who shall upon such de-
signaiion cease TO recsive their salaries And
90 new Judges shall be appointed under any
re-orga nixaiion so long as there a sufficient
number Of judges in Office to perform the judi
cial duties under such reorganization.
The question being put, IL was nsgativsd.
The question then recurring on the amend.
ment Of Mr.. Cabell, il was decided by yeasand
nays as follows: