Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1834-02-06
Virginia LEGISLATURE.
IN SENATE.
WedneSdGy, Jan. %.
CASE OF JUDGE GREEN.


the trial Of Judge John w. Green, was taken
up
On the subject considerable debate occurred
mainly on the propriety Of acting on the irrcgu-
lsrity Of the proceedings Of the House Of Dele
gates, in which Messrs. Slaughter, Rives, Max
well Penncbakcr, and Patterson, took part;
when, motion Of Mr.. Maxwell, the resolution
Of the House Of Delegates was amended by strik-
ing out all after the wcrd Resolved" and in
sorting the following.-tSee report Of proceed
ings in House Of Delegates.l
REMOVAL OF THE DEPosITEs.
On motion Of Mr.. Mc'Comas, the Senate re-
sumed in Committee of the Whole, the con-
sideration ofthe Select Committee for the resolu
tons Of the House Of Delegates on the subject Of
the removal Of the dcposites from the Bank Of
the U States, and the power ofCongress to char
ter Bank of the U. States.
Mr. Wilson's motion TO strike out the 4th re-
solution being before the committee.
Mr.. McComas addressed the Committee for a.
bout an hour in reply TO Mr.. Wilson, and against
the power Of Congress TO charter a National
Bank.
Mr. Wilson rejoincd in support Of the argu-
ment offered by him on yesterday, when,
On motion of Mr.. Smith, the Committee rose,
reported progress, and had leave TO sit again.
The Chair announced Messrs. Maxwell, Nc
Comas, Cooke, Watkins and Page, as the Joint
Committee on the part of the Senate under the
resolution in relation to the case Of Judge
Green.
On motion Of Mr.. Patterson the Senate ad-
iourned. -
HousE OF DELEGATES.
Wednesday Jan. 90.
Mr.. Maxwell delivered message from the Sc
nate, stating that they had agreed TO the Resou-
ton concerning Judge John w. Green, with an
amendmnet. This amendment strikes ont lie ar
ly the whole Of the original resolution, and sub
Q flutes the following: That the joint Committee
'bc appointed to inquire whether any, aud hat
proceedings are Properto be had, by the Legis-
laturc, against John W. Green, a Judge of the
Supreme Court Of Appeals Of this State, under
and in pursuaee Of the 9th section of the 9Th art
of the amended Constitution Of the Common
wealth; and that they report 10 the General AS
sembly without delay."l
Mr., Stuart moved, that the Committee of Pro-
positions and Grievances be discharged from the
further consideration Of the petition for estab-
fishing separate elections in Berkeley county, on
the ground that there was no notice. This mo-
ton gave rise TO some discussion between Messrs
Stuart, Wager, Faulkner, Colston, Gallaher and
folleman. The motion prevailed by vote of
81 to 40. And on Mr.. Faulkners motion, the
petition was laid on the table.
The House thsn took up the amendment Of the
Senate TO the resolution concerning Judge Green,
when the House cancurred, and Mr.. Faulkner
was requested TO communicate the fact to the
Senate. The following gentlemen were appon-
ted committee on the part Of the House, viz:
Messrs Faulkner, Janney, Southall, Holleman,
Niche, Gallaher, Waterman, Brown, Nash
and Booker.
On Mr.. Faulkncr's motion, the following re-
solution was adopted, with IA amendment in
italics, suggested by Mr.. Colston:
Resolved, That the Committee for Courts of
Justice be instructed to enquire into the expedi-
ency of increasing the reward now given by law 3,
for the apprehension of runaway slaves, when
taken in any county; or for those apprehended
within the limits of the commonwealth.
Remarks of Mr.. Faulkner, Of Berkeley, on
the deposite question.
Mr.. Faulkner said he thanked the gentle
man from Spotsylv ania for his candor. That gem
tleman had now virtually admitted, what he
(Mr. F.) had suspected from the first, that the
resolution in reference to the unconsututionality
of the Bank was designed simply and purely to
ofsett the proposed censure against the Federal
Executive, and for no other purpose What, sir,
says that gentleman? will you open debit sheet
against the President, without opening credit
sheet also? He (Mr. F.) had no objection to
the proposition of the gentleman from Spottsyl-
vania, and would gladly accept his challenge if
the account was extended so as to embrace the
entire history of this administration. He thought
a heavy balance would be found against the Pre-
sident-an awful balance, of violated rights. u
surped powers, and broken constitutions Was
there, indeed, a gentleman in the House who
did not believe that tn Constitution of the coun-
change of its character, since the present Execu-
tive came into office? That power had con-
centrated i'll that department by the habitual use
Of the negative upon the laws of Congress which
IT never was the design of the trainers of the Co
vernment TO confer upon il? That a patronage
had been arrogatcd by the President by the
| abuse OF the appointing and dismissng power,
which would have shocked the simple concep-
| tons of our republican ancestors? They meant
to give us a Republican Government Honestly
| a1.,s,
was II in practice. Can that Government be
called republican, which excludes as BY legal
disqualification, half of the citizens of this
great Confedcracy from any participation in its
offices and honors? which acts upon the systema-
tic principle of destroying liberty of speech and
OF opinion! which proclaims in the ferocious spi-
rlt of the French revolution, rae pictis? Can
that Government be called republican where the
VIII OF one man capriciously sets at defiance the
will of whole nation, and bends its legislation
to has imperial conceptions of what is proper and
expedient? He (Mr. F.) had heard much, and
he would say deserved opprobrium cast upon
that kind Of notification, which would array the
voice OF one state against twenty three; bnt TO
has conceptions of government that was the most
abhorrent kind Of notification, where one man,
Tor light and trivial causes, permitted 10
nullify the will of a whole nation deliberately
expressed Was il not so in practice. The thco-
ry OF the Constitution, declares that all Legisla-
1--WE power shall be vested in a Congress, 10 be
composed Of a Senate and House of Representa-
t!ves. Was not that cardinal maxim Of your go
vernment, virtually abrogated2 To whom is
the eye Of the country now cast for Legislative
action, upon any great question Of national poll
cy! The President ofthe United States. He is
at once King, Lords and Commons. He has by
his veto and patronage, concentrated in himself
all power, executive and legislative. Would
any gentleman dare to contrast our government
as practically administered, with the British 60
vernment, call the one Republic and the other
Monarchy, when our Republican President
was in the habitual exercise of despotic power
which no monarch in England had ventured 10
assume for more than two centuries; and which
the present William would not dare to exercise
without mourning the certain hazard of his head?
But, said Mr., F., it had been well remarked by
an acute English historian and he derived much
consolation from the historical maxim, that there
is point of endurance, beyond which no people
viii extend their suferings. God knows we