Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-13

In the Virginia House Of Delegates, on Sat-
urdav last, MIR. Knox called up the resolution
of the Committee on Courts of Justice. touching
the tenure by which clerks held their Offices.
The amendments to the resolution of the Com
m,ttee yesterday offered, being withdrawn.
Mr.. Iialyburton proposed to amend by requir-
ing that the election or removal Of Clerks, shall
be made only by two-thrds of the Magistrates of
the county--that their tenure shall. be for a
term of years--and that the cause Of removal
shall be el tered on record.
Mr.. Gholson moved to amend the amendment,
by empowering two-thirds of the Magistrates
present INSTEAD Of the county, to remove.
Much discussion again took place, in which
Messrs. Halyburton, Miller Of Powhatan, Ghol-
son, Leigh, Crockett, Anderson of Bottetourt.
Yancey Goode, Campbellof Bedford and Miller
of Botetourt took part. Finally the House by a
great majority-agreed that Clerks shall hold
for term of years, and removable during that
term, two thirds of the acting Magistrates con-
curing, in the cases of Clerks Of the County and
Corporation Courts.
Messrs. Crockett. Williams of Shenandoah.
Kenny, Garland of Nelson & Shield were excused
from voting on the score of near relationship to
Clerks.
Mr. Leigh then moved to substitute the amend
ment by making clerks hold at the pleasure Of
the Courts. The effect of this is to get rid Of
periodical elections, while at the same time the
clerk is liable to removal for misdemeanor ont of
office.
This proposition excited farther discussion in
which Messrs. Mason of Frederic and Anderson
of Botetourt, respectively supported and opposed
Mr.. Leigh's amendment.
The question was then taken by ayes and noes,
and MIR. Leigh's amendment defeated-ayes 81,
noes 91
Mr.. Gholson now moved to add part of his
original amendment which he had withdrawn in
the course Of the misunderstanding the courts
to enter on record the causes of the removal OF
the Clerk.
This proposition also gave rise to discussion.
in which Messrs. Williams of Harrison, Camp
bell of Brooke, Leigh, Gholson, and Eppes took
part.
On motion of Mr. Powell of Loudoun, the
amendment was amendeded by requiring the rea-
sons of removal to be entered OF record, only
when the Clerk required it.
Thus amended, MIR. Ghoson's amendment
was rejected. Mr.. Gholson then moved to make
the term of Office for Clerks, seven years-Mr
Knox moved three-Mr. Goode fiye-Mr. Broad
max ten.
Ten was rejected.
The question recurring on seven, Mr.. Max
we'll asked for the ayes and noes, and seven was
carried as the term Of office-ayes II, noes SO.
The resolution as amended was then agreed
to-and is substantially, that the term shall be
for seven years and that during it the.
Clerks of Courts may be removed without cause
stated By the several Courts-the County and
Corporation Courts being required on occasions
of election and removal to summon all acting
Justices, and two thirds Of the acting Justices
being required to concur in the removal
This is radical change. Under the old Con-
stitution, the tenure of the Clerks was good be-
havour, or in other words for life. the result of
this was that one Of those officers was irremovable
r 4. 4.