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

YESTERDAY, Mr.. HENDERSON sienified bis res
oluton not to call up his resolutions touching the Ex-
eCutlye, consequence of the fate which had atten-
ded the dependant proposition of Mr.. Neale, on
yesterday.
On motion of Mr.. Cooke, the Convention then
took up the Judicial Report
Mr. CABELL moved to amend the 1st. resolution
by providing that Judge shall receive in virtue of
hts Office no salary unless judicial duties assigned
him
hIr. MARSHALL. said he should have no objection
to the amendment, if it was, that there should be no
salary, unless there could be judicial duties as
slgned. But as 1t was, it was revival IN another
form of the question already decided in the mega
tive, whether the Legislature should have the power
by the refusal to assign duties, to remove Judges
from Office at pleasure.
MIR. CABELL replied. Unless this amendment was
adopted he was not 80 in his District would
vote for the new constitution: AS the resolution
stood, it provided substantially, for civil pension
list Nr c. warmly sustained the justice and ex-
pediency, OF getting rid of Judges Who performed no
duties, and Disseminated between an independent,
and an irresponsible judiciary.
Mr. MADISON moved to amend the resolution,
conforniably to the suggestion of Mr. Marshall as
follows: elf there be no duties property assonabc
then the salary shall cease, sc.
On this amendment, animated discussion ensu-
ID between Messrs. MARSHALL and TAzEwg1L-
The former contendpg that the amendment proposed
to provide for ans impossible cas@that it was abso-
lutey and positively cert ain, thtt there ever would
DC a tune when there should be no judicial duties
properly ussigDable--and that the amendment was
bh eHect, tc same rs tbaL proposed Oy the gentle
man from Pittsylvana, Mr.. CabelD andcq1ay dan
gerous to the independence of the Judiciary. Mr..
TaZewell contcndcd that the case proposed to be
provided for, was not only not impossible case,
but that it would in all human probability occur and
occur frequently. He supposed case, in which
the Legislature might undoubtedly create batch
of6o inferior Judges. So large body in proportion
to the whole population was unnecessary, aud
unknown to any country upon earth Without
this amendment these Judges would be established
band of civil pensioners on the country for life
popular might arise, for whom the Legislature
desired to provide, for services rendered, for
vices expected To effect this, nothing was IN Ces-
sary but to create him Judge, and abolish his
Office the next day, leaving him in the reception of
a pension, IN the mime of salary. This he admit
ted, improbable case, bot it was not more inn
probable, than that the Legislature would refuse to
assign duties, for the purpose of getting rid Of a
Judge Both cases Inferred fraud iii the Legislature,
and il one species of fraud considered posi-
Bile, all others should be considered equally 50.
Mr. SrANARD followed in opposition to the amend
Inent and in reply to Mr.. Tazewe, and urged the
Danger in which the amendment would involve the
pdependence Of the Judiciary, by putting in the
power of the dominant faction, to remove Judges