Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-01-14

other question whatever lie sboulf N. he ..on.it
y cred he hoped, az vain snd Overwhelming n ; 4:
sun-d that he possessed an average IN err,,--,ak
ono man VITA another, TINT no possessed an ayerag
intellect among his constituenis--yct do saw fsa,
mr. } that thus provision Of the law (providnp tina
the question of ratification shall be To .,,c
as were qualified vote by the Convention or sue
other persons they may desgnst-) never -r,ere,
my head-and anu sure not the head Of one mn,
IN ono thousand. The only question the people di,
decide, was shall there be q Conventioo ar ou
They never decided this que.ton-they never coul,
decide it--(Mr. Randolph here dwell, upon the inca
pechy OF the people TO decide upon question:
OF thus na;ure-- upon a law Of forty or fft,
Iaees, which not one-tentl Of the Legi.laIur,
winch passed understood. We had spec Cor the
people as any nan-but they opeent To- r-,h.,
~efe capable of p other public hut tina, -lec,g thei
agents The doere OF PROGRESSING es peel for the neo,
was a,hoaabe-of bowis their majesty Patrick .nry
were oapable Of nothing bo selecting their agent.
No distinct proposition having been submitted foil. wing ur
h upon til, siec', by MIR Johnson any ohe
Mr. Campbell Of Bedfori moved amend IN i:e,h ar
ee, oy striking out tire word inserting rni'
that J"dg. may he moved joint instead of concur
REM vo'e-.nd was nrgatired by the following voes
Arrs-ai"ssrs. Andc rsDn. Coffinan H. rrison VIII.
hanson. MCoy, Moore. Beirne. Smith, BAXTER
GEORGE, M'Millan Dysrs. Cha pnan, II a,hcws Oplrs
ov: Sec. Morgnn, A. Cainpbe.l, Wilson. w. Camp.
bell. Saunders, Cub.rl-22.
Nors--Ne-srs =. =. I3aIbYr, Jones' r. w
Leigh s. TAYLOR, Giles, BroInnx. DrongooIe. Alex.
andcr, Goo,., j. Marshall, Tyler, n choias, Copton
baldwin, Jolmson, Miller. ]. Y. Mason, Tr.zvant
U'a'bo,ne, Urqutarf. Randolph, w Leigh, Logun
v"nab)c, MadisopJ Sfanurd. HalsJay Mercer
f1tzh"gh, Henderson, Osborn, Cooke. Powell y nj.
Mason Gri"es. Naylnr, Donaldson, Boyd Pendlcton
r. ,mpbell, Roane, ". p. Taylor, Morris. Garrett
lloyd Duncan, l.'i,ilry, Summers J. S. Barbour
Scott i. Marsh II. Green Tazawell, Lnyail. Prem
us, Gr,gsby, Ciayor, Brnnch Townes, Martin, Stu.
art, Peasants, Gordon, Thompson, Massie Bate,
Maze Rose, C"aeT, JoyEes, Bayly, Upshur, Perrin
Mr. Scott said morbid sen,bilv isl,, be attributed
to him on the subject ri the Judiciary Perhaps was NOR.
an Tunes unpleasant TO speak of himself aud he
Jury from dong 81. vas greater than benefit he
of public CONDUCT and he knew tina public conduct often
.pIans from sinscr motives Tr sensibliry Of
>p'e from sinister Vows But hal always been his ht
care to no what right and his have the credit of
itself there was a wide dIerree sween them
opo" tins occa,ion he would do wnt e,dea
Proceeded d ciaimer Of acting frrm inrr ,ed mo
lives lie Rad been he sad, M minority all his life
which 9saued nation be had been in miinnnrty
against the adipnisira ani power shifted
nt' the minority Necessity Of an independent Jud;
ca-asa Proe, ton Of aid refuge for the weak asains,
the w.r Of the -e,slaiurrand up the rnas.ily thai
me- eeoi health, and physically aud mentally disqualified
other than disin,eesred motives ,lr 8 fociby
49," co"e"det by calling upon the Chairman Judiciary
o. mee, Gen Marshaii aud the gentleman Norfolk
MI fazswe for their on Of the ar,ic reiaa 10
the jed cary The Judges OF the supreme appeal,
.aaIe' which sall lie diminished during
office" Dir without ofrIing any proposition wished tr
III the sisiaure Of abohin. will, the pow
er ct abobshns the Office Of the judge and consequently
| salary? - 49,
! a short review viii make this matter cls.ssr {.
The reader. The point involved in Mr. SIS cuse ha,
been banied three or four times, ut different stages
OF the Convention The article we have quoted i,
n transcript from tie Constitution of the u States
In that government, by the act Of Congress of 1909
repeating the midnight Judiciary Z the words re-
ceived the construction deprecated by Mr.. Scott
namely, that under them, Congress had power no,
only to abolish the court, but the Office and sular,
Of the Judge. Before the reference of the Cousti
tuition to the select committee, Mr CabeI, to leave
no doubt on the subj"ot moved an amendment (which
was ad"ptcd) IN the following words "But if no du-
ties are assigned him (the ludge) by the Leaisla-
ture that Is af or his Curt abolished he shall
receive no salary IN virtue of such Office" Tie Sc
lect committee upon examination, found this amend
rnent incc ngruous with the preceding sentence o
! the aricle-"n" modification abolition of an,
court shall be construed tn deprive any Judge of IN.
office; but such judge shall perform any judicial du
ties which the Legislature may assign him They
thrr, fore cXPungcd it-Mr. TazewcIl, and Mr.
j Giles declaring their opinion, that Congress haC
gwen tue proper contraction IN the act of 1902
and that the same construction would be put upor
The sam" words III our constitution.
Mr.. TaZewell expressed the decided opinion tia,
the words would receive similar construction in thu
as III the Government Of tile United States. The,
were copied verbatim from the Constitution OF The
4 u - dtes--tney nau peen construed by Congress
near 30 years ago and when we at this time, en-
ployed the same form of Words it must be presumed
that the same construction onld be given. This
was one ground of his opinion another was--that i
now interpreted for the first time, such must be th
natural TT, and necessary construction of them.
II Mr. Marshall expressed the rcpugnance he felt a
!, saying any thing. Imperfect as we at report
ing We shall not attempt 10 give the words of thu
speaker. rs they measured with that delicate
accuracy, which the pecuiarity of the occasion AM
the subject, and the attitude IN which Gen. Marshal
stood TO he question, required Suffice il say
that Mr.. Marshall did not concur in the Just
ness OF the construcioII-he did not appear to thn
that the act Of Congress of 1909, had correctly ex
pounded the words-or that that oct was of itself
without succession of legislative concurrent acis
; sufficient, 10 settle the quesion--especally as tn
Judicial Department had never passed judgment upo
it-and he desired that the words in Constitution
might be lett To be construed hereafter as the reaso
OF those whose duty il was, should detc rrnine an
that they might not be determined by the expscssio
OF contemporaneous opinion
MIR. Johnson expressed the opinions that The &C
OF 1902 was erroneous IN its consjructiOn--but tim
II had been settled othcrwisc-and that its cons, rue
ton Of the words would obtain under our Corrslitu
ton.