Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-14

one man wit, another, that lie Possessed an ayeruve
intellect among his constituents-yct do say, (said
MT Ri that this provision of tn" law (providing that
Tue question at ratification shall be submitted to such
as we're qualified to vote by the Convention, or such
other persons they may designate) entered
my head-and 1 am sure not tine head of one man
IN one thousand. The only question the people did
decide, was shall there be Convention or no.
ihey never decided this question-tiley could
decide it--(Mr Randolph here dwell upon the inca
pacny OF the people to decide upon questions
OF this nn'ure-. upon law of forty or 6fty
pages, Which not ne-tenth OF. the Legislature
which passed understood. DE had res,. for The
~ee capable of other public that -lec,,y their
asens he docrne of Proessng repcc, the people
sahi-bu il leaving the people their
Were IRE capable Of nothing b." selecting their agents
NO distinct proposition l,avag Submitted foil wing I'm
~. SUGGESTIONS upon ,h,. subject MIR Johnson any
Mr. Campbell Bedford now moved IN amend ,. ,,, ,r
"cie oy striking o." the word concurrent" and inserting JOINT
-,a. Judge may he moved by join, concur
rent voe-and WA nesatved by she follow ing vote:
ArEs-Mcssrs. Anderson, Coifman Harrison Will
hanson, M'Coy, Moore, Be;rne smith Baxter.
George Malilan, Byars, Chapman. Ma heWs Oglcs-
oy; See Morgan, A. Campbell, Wilson. w. Camp
bell, Saunders. Cabcll-22.
NoEs--Messrs r. P. Barbour. Jones. B. w.
Leigh, S. Taylor, Giles. Brodnnx. Drcmgoole. Alex
Baldwin, johnson, Miller. J. Y. Mason, Trezvant.
Claiborne, Urquliart, Randolph W. Leigh Logan.
venabIe, Madison, Sanard, Holiday. Mercer,
Eitzhugh. Henderson, Osborn, Cooke, Powell. ] NJ
III.
IL Campbell, Roane, W. p. Taylor, Morris. Garnctt,
Cloyd. Duncan, 1Aaidlsy, Summers, J. S. Barbour,
Scott r. Marsh'll, Green, razewell, Loyal. Prem
tis, 9rigsby, Claytor, Br.nch Townes. Martin. Stu
art, Peasants, Gordon, Thompson, Massie, Bates,
Nea:c Rose, Coalter Joynes, Bayly, Upshur, Perrin
i-13.
Mr. Scott said. senb,y nigh, be attributed
20 nun on the subject of the Judiciary Perhaps
bd-bu existed, and he obey impulse. was at
jury cm doing g. was create" ,a" ,ne beme knew .ne IN
soie that the world prone search sinister motives
sprang from sinis'ef morbid sensily of which
lie spoke-i was mort id se,sbily-pight he supposed
spring from sinister views But it had always
care to do what rght aud his the ered Of
doing what was right although the reputation virtue was
Upon this occasion. he would do what right eea
vor TO sustain the reputation of doing what right MIR
proceeded to enter di'csner of acting fr icr
tves. tie had been he said, minority all his life
which aStaed the nation, he had been i'm MINORITY
against the administration, aud power shifted hands
into minority the necessity of an independen judi
cay-as protection OF and refuge for weak against the
the of the eg,slarure-and upsn tie npsssibly ,ha,
he feeble health and physically mentally disqualified
other than disineresred motives MIR s forcby enlarged,
ana concluded ny calling upon the Chairman Of the Judiciary
r Tazewel for ,;,eir Of article relating to
the Jud cary The judges of The supreme of appeals
and Of the superior shall aud adequate
salaries which shall not lie diminished during continuance
IL Office DIR without offering any proposition wished &c
know it the construction OF this clause was the power Civ
IN the legislature Of abohing courts carried with the now
er OF abolishns the Office of the judge, consequently hi
q short review will make this matter clearer t.
the reader. The point involve in Mr.. SIS case has
! been banted three or four times at dHaren, st,nes
OF the Convention The article we have Quoted Is
transcript from the Constitution of the u States.
In that government, by the of Congress Of 1909
repeating the midnight Judiciary t, the words re-
ceived the construction Deprecated by Mr. Scott
namely, that under them, Congress had power mn,
only to abolish the court, but the Office and salnry
OF the Judge Before the reference of the Const.
n fhQ aInNfC ,,,,,fk~ Ut.
DO doubt on the subject, moved all amendment (which
was rdopted) in the following words: "But if no du
ties arc assigned him 1.-THE judge by the Legisla-
lure THAT is afer his court was abolished, he shall
receive no salary in virtue of such Office The Sc
ect committee upon examination, found this amend.
menf incengruols with the preceding sentence OF
the aric!e-s'no modification or abolition of any
court shall be construed deprive any judge of his
office; but such judge shall perform any judicial du-
ties which the Legislature may assign him " They
therefore expunged it--Mr. TaZcwcl and Mr.
Giles declaring their opinion, that Congress had
gwen the proper construction in the act of 1902
and that the came construction would be put upon
the same words in our constitution.
Mr.. TaZewell expressed the decided opinion that
the words would receive similar construction in this
as m the Government of the United States. They
were copied verbatim from the Constitution of the
? u States--they had been construed by Congress:
near 80 years ago--and when at this time en-.
ployed the form of words, it must be presumed
, that the same construction ould be given. This
was ono ground of his opnion--another was--that II
now interpreted for the first time such must be the
natural. hf and necessary construction of them.
! Dir. Marshall expressed the repugnance he felt a,
: saying any thing. Imperfect re. at report.
ing we shall not attempt to give the words Of the
! speaker, as they measured with that delicate
accuracy, which the pecaiarity of the occasion ant
tine subject, and the attitude in which Gen. Marshall
c stood to the question, required Suffice it TO say
that Mr. Marshall did not in the just
ness OF the consruction-he did not appear think
that the act of Congress of 1902, had correctly ex
: pounded the words-or that that act of itself
: without succession of legislative concurrent ac
sufficient to settle the ques ion--especally as tn
judicial Department had never passed Judgment upo
l-and he desired that the words in our Constitution
might be lett tn be construed hereafter, the reason
t Of those whose duty it was, should determine an
that they might not be determined by the expressio
OF contemporaDcous opnion.J
Mr. Johnson expressed the opinions that the &C
OF l8O2 was erroneous in its consiructon--but tina
1t bad been settled otherwisc--and that its cuns rue
ton of the words would obtain under our Cous,itu
ton.
C Mr. Cabe, seeing that there was doubt on tn
subject: and high authority against the construction
r which he believed the Convention had desione,