Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-11


inhueuce-one Of whom, howev,-, when he mounted
In bate, was attended by evil geaius. WHO cut biz
wings, and brought him down the point whence he
started The evils Of precinc. elections existed In the
laws These precincts were necessary; nor wou't TIA
turnpike road, Of which the sentlem. spol-, NJ
the natter mucb-for II Il should be completed Z,
would DO, provide horses. When tho turnpike bin
cane up, he would ask the gentleman from Cu,nbsr
land the tctehery o. his FL queDce In lis favor.
i The people thought their delegates were beu ' &C.
quaned with their interests than gentle men who had
merely trsvelei once or twice through h county.
As to The slus 10 Wizards Clip although the gen.
Ceman did not make II with any In en"u OF dsparge
inent, still people were sensitive Oh thos suhjects
anu II tb-y were mentioned .nes1insiy, they would
| be offended.
Mr. Leigh perceived that he had given offence TO the
gentleman from jefferson The gentleman said that
tho delegates from jefferson knew the interests Of the
people better than gentleman who had merely travel
led two or three times through the county. But this
know the county He had asked the gentleman for in-
formation. He had asked whether Smithield was the
former wizards Clip, and he replied in the affirmative
He had asked also whether the county not sixteen
miles square, to which he had also answered in the ar.
native He had, therefore, received all his iniorma-
ton from that gentleman. Some gentleman took offence
at others, when there cause. IL his prac-
tice in such cases. to lot them follow their nclna-
TONS was not his habit to give offence and in thi,
case, he had no such intention.
Mr.. Gallahcr said he was of some what combustibe
nature, but he was not offended when the gentleman
asked the question, TO which he had alluded-but he
had been somewhat excited, when the gentleman had
cXDlana
ZION, was, however, satisfactory. As 10 his answer TO
the other question Of the gentleman he had
cd to say, that Jefferson county sixteen miles
square, but that was eight miles from each of the
cncts to the Court House.
Mr. Wilson said, that the gentleman from Jefferson
had alluded to some articles published in newspaper,
which he assumed were written by a member of the
House. II so. why did not the gentleman give his
| name!-The bill then passed
CLERKS OF COURTS
On motion OF Mr. Goode, the report Of the Commit
Of he tenn hv
OF Courts shall hold their offices taken up. The
report recommended the following resolutions:
Resoired as the opinion Of this Committee, That 1t
expedent TO alter the tenure by which the Clerks OF
Courts hold their offices, and TO provide that they shall
hold for ferm,0 yedrs-ren0rdbie, hotceper tcitin
such term at the pleasure Of such Courts, respectively
provided that before such removal of any Clerk of
county corporation Court shall be made within the said
term, as well as before any appointment shall be made
such clerk all the acting magistrates of the county
corporation shall be summoned for the purpose of taking
the matter into their consideration, in obedience
order oil such COURT and that majority of such acting
magistrates be present at the time of such removal and
appointment, or Of considering the subject.
Mr. Gholson said he heartily in favor Of the
change OF the tenure Of the Clerks term Of wears;
but wa. opposed to giving the discretion TO the courts
to dismiss the clerks at pleasure during that term. He
therefore moved to strike out all after the words STERN
of years"
Mr. Williams of Harrison, opposed the notion aim
ing against the most valuable portion of the report.
Mr.. Ghoson supported his motion at considerable
length II was dangerous TO give such power TO the
Courts They did not ask it now; but once given, it
would be Herculean task 10 take il from them. BY
this resolution the Courts not required TO give
reasons for changing their Clerks-they might do
any caprice. This provision would cause continual
struggle among asprants TO the office, and the ncum
bent would be removed fer the slightest want of
plasance pliancy TO the judges. II might also pro-
duce political evils liable to sap the foundations of JUS
tce Political excitements were always 10 be avoided
and lesson might be taken from the turmoil caused in
the great State OF N York by the contemplate Morgan
question. The Clerk, in case he were removable at
IN a The Mt tha Court He
must become a crnging tool 10 his superors the
risk OF being removed Were he guilty of malfeasance,
the law would punish him. The Office would become
less desirable by its term being reduced but respcca-
BILE individuals would scarcely take it with the liability
OF being removed at the will OF the Court.
Mr.. Knox did not think the Office Of Clerk one in
which so much independence could be claimed,
assumed for it by the gentleman from Brunswick
ihey were to do certain duties under the presiding
Judge or the Court. Surprising the motion prevail
and the term to be fixed at five years, the consequence
would be- that the Clerk would hold the fee simple of
the Office for five years Should he refuse, become
incapable to perform his duty there would be means
of removing him. II said by the gentleman that
political strife would arise of the power Of the Cous
to remove the Clerks at pleasure They had been told
by some gentlemen that the county Courts consisted of
pure and upright men: but now, it seemed. they could
not be trusted But their acts would be before the
public, and its opinion would have corrective nu-
ence upon them.
Mr.. Leigh moved to amend the report, by striking
out the clause, fixing the tenure for a term of years
and insertng-"during the pleasure of their respective
office to term OF years, and more TO the exemption
of the Clerks from the power OF the Court remove
them. The Office OF Clerk merely ministerial, and
ought moi TO be mingled with other offices. Ii only
necessary that Clerk should be skful, and man OF
integrity; and the longer he held his Office the skill
full he would become But he might lack skill, or be
dishonest and then he ought TO be discharged if il was
the next day after his election There might be ins,an
ces i'm which Clerk might have been proved dishonest
in transactions not connected with his office. He
might have been guilty Of perjury. He would not
therefore have been guilty OF malfeasance; but he
ought to be removed not worthy of trust. He did
not believe in the idea OF political excitement arising
out OF such power in the Courts. They would be
biased. As to the idea of rotation in office, it did
apply to offices of this description. He did ds;rus
the Courts the Clerks or any class of men. There
might be bad men among them; but a very large majo-
rity would be found Of the opposite character He be-
feved If this power were given, there would be
good Clerk turned out, bad one retained
Mr. Ghoson said he had not attacked the virtue Ell
ther of the courts the clerks. In his own county
the court and the clerk able and
thy. He went upon the high principle, " lead no,
into temptation and believing in the purity of the
character of the courts, he would do nothing stain
their purity injure their character. The members
CT those courts were men-they had passions, afiec-
tons, and friends. Were the resolution of the
nee to be adopted, il would be TO give way TO the
Judges TO personal bias in the election of clerk
But IL, certain day election fixed all
would be placed on an equal footing. The gentle
man had said, that the clerk a ministerial
officer requiring skill and integrity; yet he seemed sf
forwards TO think his character and responsibility Of
higher consequence As to the idea Of a clerk having
been guilty OF perjury IL far fetched supposition,
such INSTANCE had occurred in iy-6ve years He
believed that If this power given, clerk who
took the Office for term years. would enter into
contract which would not be fulfilled by the State He,