Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-23

III SuoeHs LNTndTks IA support OF ms umeVdNcUt
'ee' great embar' assment at obtruding myself o"
the attention Of the house on any son eciay
'hs. V:e Judiciary in relation to which, pc haps.
more than any o.her Department OF the GovcrnDrn,
might naturally su.pe ct myself of want of information
u was not my fortune SIR brought up at the feet
oil Gan"lel Yet cannot b. iusensibie to the Ell cts
result Ing from the exist nee Of doubt this impor
tant question, And must coufess that il is not little
extraordinary and surprising TO me, observe that gen.
uemen who have hitherto acted with this sub
Ct, and TO whose ahil les my amendme to the ORR
gihaI resolution Of the Committee Of the Who'd,
mainly indebted for its passage. should he willing
20 see the same doubt remain main aimed thi,
oor by gentensn OF great ability that the ar
ton OF the Constitution reported the House by the
SComutter went the abolition of the office of Judge
anu consequently OF M salary, upon the abolition OF The
court In the expression Of that opinion, YOU. Mr..
Presd'nt, and the gentlemen from Norfolk. (Mr. Taze-
wei) aud the gentleman from Amelia, (t;ov. Giies)
concurred Those opinions thus publicly given, were
satisfactory TO the house and to me, and il their
instance that Withdrew an iame ndmcnt VIII ch had
offered 20 the 22i article OF the Con .,i,ion But
now, sir, when the abe gentleman from Fauquier
(Alr Sco't) declares that he dssents from that opin-
ion--when the gentleman frou, Augusta, (Mr. John
SOM declaresi his opinion that the oil Congress
OF lSo2, was erroneous rpre, atom of the same
words in the Constitution Of the u and above
all, the Chief Justice Of the Supreme Court of the u
- declares in substance, thu opinion; gen.
uemen deem II inexpedient to adopt anne ndmen nj
which will ,'ehnively settle the proper
truft not. And earnestly hope that some gentleman
more able than myself, experienced and dcipn
ell on legal ques ions, aud more with the
construction OF Constitutional law will move such
an amendment to the Constitution az il came TO tho
rouse from tina hands Of the Select Committee as will
forever put t' question 10 rest IL other gentle
man VIII make such motion, will, in the hop. of ef.
iecing this Object, move amendment, the words
heretofore adopted by the house on my mo ion.
Alter = long discussion, Mr.. Scott moved TO amend
'he anne cnt by expunging the words, "modtc alton
or" and aidiae after the word 'of e" the foil ,wins
unes. such Court be abolished by the concurrence
oil two h'r'ls OF tue General Assembly"
No S:oWs reply to .Messrs. Giles and Johnson.
mr.. .. s.iI' me gentleman from Amelia, greatly
niseoneeved him it he understood him to say that he
presumed the sensiblty which he (Mr 81 felt on this
subject was morbid. lie had said, that oher nile
men nisht so consider it, For himsel he considered
thc"lthfuI. He considered the insen,biIiiy manifest
Ell oy gentlemen ON the other side ,rbid. Upon the
question under consderaton it that the mem
oers OF the Committee Offered The gentisma an whe sat
, near Nun" roneIsred IN opinion with the gentleman
from Norfolk Mr.. Johnsoa said, that he had not ex
pressed 1t as his opinion that ha, the correct con-
strucuon but that was the construction which would in
practice be upon he did not think i, the true con-
strucon Mr.. y. said, he was glad I, hsar tia, the
gent from Augusta agreed with hin a, TO the iru. con-
sTuehon OF he Constitution. Blu, it appeared ,ha,
doubt rested upon il; and he hoped on. way or other
That doubt would he removed.
Mr.: CADELL proposed 10 withdraw his amendnent
TO which withdrawal The Hou.e assented
MIR. Scorr then offered the following p-ooositon ne
substantive article of the Constitution No law
nboii'hing anv Court shall be construed TO d, rive
Judge thereof OF his office, un'ess twothirds OF the
enpsrs OF each House present, in the
thereof But the Legislature may assign other duties
10 he Judges of Courts abolished by any law enacted
oy less ban two.trds Of the members Of each House
present"
Mr. RANDOLPH addressed the Convention at s,me
iehg'h-on the same side with Mr.. TaxeweiI.
Remarks IF Judge Coalfey.
MT President came here this morning prspared
10 vote sgainst the passage Of the Con.tn,,on m .
thira reading not knowing, having the least idea
that the amendment now under con,ii.ra;ion ,.'iI
be offered. ~
One OF the ground. of my ntendes vote ben, now
under consd r"t'n; AMI in as much thore 1. hope
as long as hope lasts. will now bri, y az can sub
mi' my views on this subject, hoping they NAV have
some .ect on the question before us no they will
STAND In p'in'' as thu rea'ons for my final vote.
never can vote for a Convention which shall pro-
Vins Tor 0d'c, or hitter of Judges-( erns which NAV
be very appropriate 10 some future set Of JIdr.sl =
VINO arc 10 ID ID their cff the mere toH of the lie
e's'ure-who may be put out OF existence by that bo
dy, either hy sinking h-boat under the m-and drown
ing ihem-by starvstion-cru-l and inhuman abuse
enc ues'rucl'n OF character, or by any other wilIfu
and deliberate Staying.
AS TO The present incumbents being turned out by
.s nony unless that IS necessary to give effect the
new 90 inion give no vote, and 'ay nothing. ex-
crPt mat u lntcts wound the state i, nflics
none on NE which would avoid 6y turning on mn
heel 'e " "'S
But have been al ,rmsd for my country from Tho
moment wa tell thst, in future, | an TO respond
TO ano'h tribunal than Col AMI my conscience
IL am corrupt, mnmindfil Of my du'y, and unfaith
tol 10 my oath; II commit any crime, have neither
"o" nor my console with me- and my country must
pun III me, when am fairly cOnpictsd This is nv
situation under the present Constitution.
am now advised, though that Judge. NAV become
od'0us TO the people aud their Representatives AMI
they must be suhec TO be turned out by those r.
ives AZ they may by the people; and that res.
p0nsble Judiciary, IN This Of the term, NAV ne.
Vettheiess he all Independent judiciary
This may he according to the march of mind. and
the true Republican principle understood in theso
latter day..
Our ancestors did not think so and provided for mo
such case in the Constitution they made Tor W,
when was boy there a Book in use called
Common Sense Ii read al me citing houses on The
Lords day. ~ w.
viii recollect when, at the beginning Of tho Revo.
lutonary war, some got on a stump between ser.
mons, and read Common Sense 10 the people
When advanced in life, about The time Of the
french Revolution, there another Book read nv
some, called The age IF Reason. Thi. was no, read
on ouhdys believe, except by sue. rs would not
object to read ths cards SUNDAYS
have lived In this Hge NJ Reason end yet have
some d trust In The doctrines Of March oT Mimi tat
mas taken place since the days Of Common SENSE
are we TO recommend this Constitution 10 the peo.
pie by the Arguments used here!
Ihat or Hcnrys and Pages, and TayIors and Nj
choases, and Pend,tJns and Masons and wins and a
host beside nerc dristocrGfs7and that our judiciary
except tie county courts, have become 50 odfous az
that they must not only he cdshicred but during all
future TINE nut under the ban of The EInDiye7
ltoh'' think the people are yet mad enough either
10 btIeVe those lbDgs, or 10 concur in the resalL
number OF honorable Of this body, mot % nu-
merons is true, as expected and feared considering
the high rs'pectability Of the quarter from which ho
proposition came) have thought, that il was nece.sa
Ty part OF the present scheme 10 call Judges render
daily account cath, why ,hey were not in court
on such and such days. sc. Whether auch provi.
sion, IN prospect Of some future Judiciary may be me-
cessary, know not But il the conduct of the present
Judges supposed 10 deserve the impIied censure
contained in that proposition, II is no wonser thew
should be in the odOuT which il indicates have here.
oore denied, so lar ~ the court 10 concern