Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-01-14

aUOpTIOn rcsO1utiOns,
the COMMITTEE rose on motion OF Mr. Jackson, and re-
ported the bill as amended To the House which on
motion of Mr. linn, laid on the table and ordered
TO b. printed
On motion of Mr.. Jones. the Committcc ne Ci,imr
was instructed to enquire into the expedency of re.
funding To Teacic Savage late Sheriff of Elizabeth
CITY the sum of ioriy-two dalars
The Speaker presented a communication from thc
Governor, Transmitting aetain resolutions Of the Ken.
tueky Legislature relative to a road from Big Sandy
10 ,ennessee-which on motion Of Mir. McCoy was
iald on he table
Many bills read first and second time,
Speech Of .Vr. ANDERSON # Bototou,t, on the
Tenure Of The CIerkship
Mn. ANDERSON of Botetuurt said. As the subject
under consideration, Mr. Speaker, one in which his
constituents in common with others felt n deep inter
est and as he was a member of the majority of the
committee who had reported the resolution in YOUR
hand, he hoped he should he INDUCED with a few re-
marks in support OF it, in reply The very able chair
man and to his friend from Frederick. He could as
sure the House, that he had risen very reluctantly 10
oppose, with his humble abilities the amendment nro
posed to the resolution of the Committee by its dis
ungushed Chairman, and supported by SO many in
telgent gentleman. II was ratf, mo tn him b., Gr
himself and those who acted with him were Ii,bja =,
the charge of children warning against their father
they were acting on the defensive in defending the
report OF 'hr Committee and were therefore ius,ia
ble Nlere Mr. Leigh said, If the gentleman from Eot
etourt alluded to him, he dscained all precnsinns n
being considered the father Of thu. COMMITTEE or
Courts of Justice in any sensc) Mr. A. resumed h
could not say whether the II would receive tho
gentenan's disclosure; for himself, he must be ner
mitted TO consider the term applicable to him in =,
least point of view
Mr. a. continued. The object or the fr;s,,,s I,,, -
the amendment and TO the original resolution is 10
ronder the clerks strictly responsible and we are
TO enquire by which of these plans we most eec
ualy attain that object The plan of the clerks being
removable at the pleasure of the courts &c bandeoo
theory and looks well on paper but he believed i;
would tall TAR short or the desired object i'm practice
Its practical result would be to elect them for GOOD
in f,ctt oil.
lite under he old government with this execution
they would probably be removed for palpablc and
u-grant acts OF corruption and mafeasance in Office
but tor no other cause hence, ncapacty neelrence
and hundred other derelictions of dutv would es
cape unnouced. But we are told bv gentlemen, that
you give lhe courts the power to remove their clerks
the intelligent and respectable character of our oris
tracy, ensures not only sound discretion in the ex
ercise OF this power but also the removal Of all ;pco
peten and unworthy clerks SIr A. said this opinion
Is neither sustained by the history of this Common
wealth. nor by the experience and observation of the
members OF this House The cause SIR can be traced
TO the organization and composition of our courts and
10 the nature and character of peoDle II is an
old and .rue maxim that, that which is every hodv'
business, is no bodys business, and he believed ;6at
snch IS the just deestaon in which all kinds of in
formers and voluntary prosecutors are held that n the
clerks held their Office at the will of the peone re-
moVai would rarely occur, except for some n.r.Nnt
act OF corruption or gross misconduct in Office If this
remark be true in its application the people with
how much more force will it apply to the county
courts, composed Of the most intelligent and indepen
dent OF the community. Their kindness and Sorbear-
ance will induce them overlook numberess faults in
their clerks, which taken individually are of minor
considerations but when taken collectively, are very
INJURIOUS ana Pe!nicious to the public interest: and
ne aversion to the invidous task of scrutnzirC the
acts OF Inc clerk, viii insure impunity all his mscon
duct except such as il of fragrant & corrupt char
ac'er as WI call down upon him the indignation
OF The whole community This is idle or visionary
thsory II Is drawn sir, from past experience from
a strict examination of the character of orr neonlc
WI any man pretend to say, that no clerk was gull
" oi such gr IS misconduct IN office. ought 10 have
removed MIN from 1t, by indictment otherwise
uhdcF tho oiu government yet, Is there single i'll
stance OF n clerk being removed Can this bo i'm
ced to any other cause, than the one have assigned
W ana Will not the same under the old and
new governments lead to tho same results Il is
true, that the amendment provides greater facilities
for the removal ola clerk from Office than the courts
possessed under the old government. but will not tho
cause which prevented them from exercising the linn
ted prevent them from exercising the enlarged pow
or 1t Will result as under the old government that
the clerks will he literally elected durinr rood bchn
YOUR. but practically during life
III a. continued: If the amendment will not make
the clerks sufficiently responsible; le us ascertain if
the resolution Of the Committee will effect this oh
lec II proposes 20 elect the clerks for a term of
years, removable Mt tho pleasure OF two thirds of
the court. all the Magistrates of the county having
been previously summoned, and majority of the
whoc present II this provision he adopted, ms cad
OF imposing upon tho courts passive duty to scrt-
nlzc tho conduct of tho clerks Won imposc upon them
positive and imperative duty to scruinzo their con
duct at fixed periods. A. these periods, the clerks
VIII he called on 10 render account Of their stew
ardShip; their whole conduct will undcrrO a public
scrutiny, and como under the rcyicy of the Courts
II they mort the confidence md APPRECIATION of the
public, they VIII be rcciected. but they do not if
the public interests should require the election oc
som" orc else they will be rejected Thus. whilst
TIC public interests will b. projected against ihc inn,
providence. negligence and iucoa0o'o ncy Of clerks
surh at them as are competent, and have been faith
n in the discharge ofthcir duiv. will fad safe pro-
lection N the intelligence 'ntcgri'y and independence
"i the cour's nav sT in ac nature and character Of
our people BESIDES SIR. il would mako them whilst
in Office good and efficient clerks. By stimulating
them TO faithful and honest discharge OF their duty
in order 10 insure 70 election.
But, sad MI. \ the objection of the gentleman
from Frederick (Nr N.Y. 70 periodical elections is
not chat the rcrhg will not 10 rendered sufficiently
responsible, but that they will be too much 50; and
subjected to The whms and caprice Of whom. Mr.