Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-07


The amendment was ncgatived without count
! Mr. w Hson now made a motion To adiourn III;
WAS negatived. ~ 9'1i"'' WHO
The 9th article having been read, MIR. Chborn
-, w., 10 ~ IT, oy giving the election of Governo
10 the the Legislature, instead of tn the noo,,Jo y
providcd oy that article but Withdrew it with thc pt
melton that he would renew It in the House "'
| ~ ne %.ln article having been read, Mr. Lejgh q
III. .i moved TO insert clause to the effcc
:nu. tue attorney General shall be appointed bv
JOINT vote OF the two Houses be commissioned by h.
Governor, and shall hold his office durinr the nile
Vi 4, .ne General Assembly-wIich was agreed to-
MT i1eigll moved still further to amend the OIL
article, by providing that the Sherfs and Coronor
sii DE nominal ed by the respective County Courts
ana when approved by the Governor be commissions,
oy niin ana the Justices shall appoint Consta bles
anu a ices OF the aforesaid officers be reru,,ted h,
iaw-wl.ich was agreed to. y
Inc e"tn section having been read Mr. Giles sd id he
the requsiti0n that two thirds of who'll
number elected shall agree in the removal of Ind
as aGstroying the object of judicial responsibility
which Was IN view. This provision and the citation
OF ~ days. he thought cogged the provision in such
way as 10 render 1t totally valueless On these
features Mr.. q. commented with preot no;nt md 60
verify; affirming that instead of oroyidng for the res
Ponsip'ilty VI Judges, they afforded them cloak of
entire responsibility, Mr. c. expressed himself; in
favor OF giving The power of removal TO majority of
the Legislature. He moved to amend Inv giy;nn
tic power OF removal to two thirds of the members
present and voting.
Slf- Leigh Of Chesterfield opposed the amendment.
aha entered defence OF the Judiciary from the pre-
possessions against them The evils feI, ba oSci
BED not the personal character of the Judres hut
W the lrnPe Tiectlon of the Judicial Svsem-as for
example, II under the Circuit Court System Jndoo
sholia DC SICK the whole Circuit was deprived of
thcir Conrts-as the case in circuit which
had been often alluded to. the Judge of which. was
precisely that Judge, who was The most popular and
acceptable to his District. Mr. l.. stated arent
many particulars, which had contributed TO the un.
popularity OF the Judiciary, without any fault of
thers. lie knew nothing which in the least called
Tor me severity with which this body seemed dispo
posed to treat the Judicial Corps. Feeling and be-
'his, nc could not withhold his testimony of
their deserts or his efforts for soteninq the prov;
Ions OF The Constitute which related to them The
reason why two thirds and not bare majority ouoht
10 De required was to guard the Judge against
suuoeh enultions OF passion and party feeling. If
tWo,thlrds OF both Houses present. were only reolr
ed both Houses being thin, bare majority al
majority might do that, which could never have been
done In full dc uses Mr. J.. gave variety Of views
TO show the Importance of requiring twothrjs of the
members elected, TO concur conviction tn pro, ect
the innocence and independence Of the Judiciary
MT TILES dlsc!aiined participation in any prejudice
against the Judges tlc coneurred in the justice of
1he nnnofahie character given to the Judges bv his
colleague (flr Lcigh.) His obecr was not personal
to them, but to apply the same principle of respons
bify TO the Judges, which appiie2 to other func-
tioparies. Ar IT, enforced his former views at
some length. and denied the applicability of the
term independence of the Judiciary" as in use
among us.
The question was then put and the amendment
negatived by equal vote.
The 29lh article having been read, Mr. Cooke
moved an amendment in regard to the creation of
new counties, (Which will be reported hereafter.l
which was laid Oh the table and ordered to be prin.
ted.
The Soth article having been read, Mr. Cooke of.
tered additional article providing for organizing
the new government reported to morrow which
was ordered to be printed.
Phe Con- .titntion having beau read through by
the Chair, the Committee ros.. and the Chairman
reported progress.
On motion OF Mr.. Leigh of Chesterfield, n reso-
luton was adopted, reconnaitting the 3rd and 18th
articles Respecting the apportionmcnt of Senators
and Delcgates) to the select committee with instruc-
ons to rcsppoTtou the latter in reference to num-
Der of Delegates not exceeding $50, and observing
the same relative distribution of power among the
four great divisions OF the State as was provided by
The proposition Of the gentleman from Abenlatle
(Nr. Gordon.)
Mr. Claytor moved 10 amend the resolution by
further rnstructng the committee to observe the
same rule IN apporiiOnng representation among the
several portions of the great division, as they
were inst ructed to observe in apporoninc it among
the four great divisions i'll relation TO each other
This motion to amend gave rise an interesting dis
cussion between Messrs Clayton, Leigh and Scott
which will be reported to The amendment
was negatived. The Convention then adjourned.