Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-11
MONDAY MORNING JANUARY 10. 1889.
TRE LEGISLATURE.

THE LEGISLATURE.
On Saturday, he House OF Delegate determined
the question OF the tenure nf Clerk Oflce,-drci-
ding that those officers shall be elective every
years, and that in the nteroat, they shall be liable to
removal the pleasure of the Courtsin tho case of
clerks of county and corporation courts two birds
OF the acting Justices being required to concur in the
act of removal.
This is radical change Under he old Consi
tuition, the Tenure of the Clerks good behavior
or in other words for life. The result of his was
that ofthosc off rremcvable but for NAL
feasancc in ofcc-tor his moral conduct as member
of society, he exempt from all official responsible
lily. What is not little remarkable is that this
change was most warmly allotted by those who have
heretofore been among the decided opponents Of
change. The vote near three to one
10 To day. the Henrico Election will be considered
Or Saturday The Committee Of Courts Of Justice
to the resolution report it inexpedirn TO make
any change in the Jurisdiction of the County Courts
phe COMMITTEE of Propositions and Grievances, also
decided avorably upon the petition of the people of
Manchester and Others for n new bridge James
River, at Richmsnd But the propre'ors Of
Mayos Bryce have made Proposition leave the
regulation of he tolls that Bridge to the dscre
ton of the Board of Public Works, it seems probable
that this matter will end in compromise.
u The election OF n Kentucky Senator in place Of
Mr.. Rowan. fixed for the lh OF January The
Washington Telegraph says Mr.. Clay at Frank
FORT and candidate for the office. The same vera
cious paper said some few weeks ago, thatHhe had
gone to New Orleans, to supcrin'end The Senatorial
lection the:c-as the latter statement was ground ess
the presumption is that Che first is equally So The
Frankfort Argus Of the goth, thc latest date makes
no mention of Mr. Claws presence in that place.
Fho Jackson papers and the AnrJaclson ex-
press equal confidence frecng their man
The case IF Tassei2s the Indian This case has
called forth great deal of comment and variety
of opinion We understand that the Chief Justice
Lad no discretion in granting withholding he cite
tion-that the writ of error, is one of right which
he burst not refuse. 1t does not therefore assume
jurisdiction for the Supreme Court-tha question is
to be de ermin"d BY the after he return Nor
is the refusal Of Georgia to obey the summons to be
construed throwing off The authority of the SSll-
preme Court The writ was mere admonitorv mo-
tice, which she might d obey wit hnut committing q
cDntemot We ha I'VE seldom in so shnr' d time seen
much nonsense. gnoran and c0ncet from the
Press. in this case of T'assrlls. Not one whose
lnrubrntious have read, appears 10 u even to
have began to understand the subject or the legal
and constitutional points involved. except the Pha-
dephia paper from which ex'ract what follows
On side they blaze out in grautnus dzf.nca of
the conduct Of the chef Iustce-nn he other have
the usual insensate slang about S'afe Rights
good when appropriate. bu which is repeat cd de de
an diem until there is danger that even Iust -egard
for the rights ofthe States will he merged in the
horror and tediun inspired by The imagine chat erin
and in'ermnable proIixtv of those who assume to
be their exclusive advocates
elm the first place it is altogether a msfqko 10 no
leve that the Chief Justice Of the United ST tas 'h,
issued any mandte orniunc'inn to the Governor Of
Georgia, fnrbiddng him to execute the Judgment IF
the Court of Genrria upon TN" person of tho defend
ant, convicted of murder in the Court Of Georgia and
sentenced to BE- hanged for he offanca TIL Chief
Justice has neither 70 Ridden nor hidden the Governor
of Georgia to do or not to do any thing. Tho dpf.n
dant. in The prosecution aliud"d TO- asked as 10 had
right to do, for writ Of from The SuDrerno
Court ofthe United Saes. 70 examine nd revise the
Judgment rendered against him IN tho Court oF Ceor
go, Showing ground was necessary 70 on,it'e
him 10 this writ. The Chief Justice snlJoce0" tn
writ. 50 he would have done in any o' her Csc On
the aIlrwan"e and issuing Of such writ a rfatior
rather notice, is given the adverse rnrtv admo
nishinr him appear and shew cause if anv ha has
WHY tho judgment IN question sjorH not be royrsc,ed
and justice Je dane botjoesn The purtiee THIS is the
form and substance Of evrv such ctafion and NJ IN
this case. the adverse parry or the party in whose
favor the Judgment given, was thc Stat Of Csnor
gis. the citation served On he Governor o the
Executive represent i've of tho Sa'e but if vyas d.
rected To he Stat Of GEORGIA. who was fho 1lrr r.
in the cause in her own Court and The defendant as
it stood in tho Suprom" Cour' This th,n i MI That
the Chief Justice ha done. lie has not ordered tho
Governor Of Georgia TO stay the execution Of the SON
teuce. nor commanded him appear NJ the bar If tho
Supreme Court under renav Of contempt or ~
therwise H has given him ticc Of the procacdinr
that he may appear to sh W cause. or not az he
pleases IF he does not the VII be- examined
other case on m cXnarn hearing ard i,ie'ico
done between the parfiez
N"r IS he legal operation or eFac' Of me writ Of
error % forbid stay the execution of the euce
1t Is well known 10 be euDarscdeaz in criminal
case: nor, INDEED IN civil case except under err
tain restrictions. Instances have .nu n.iv occurred
here and presume IN every 9th r stat when II f.
W'thstandng writ Of error the Marty suing If ont ,
Is undergoing tn" sentence Of the CO RI DenI;n7 tho
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