Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-01-04

delay the House. and his should DO tsken
would not rise before the last Of March Mr. c. wished
this motion should be offered In proper manner and
he thought the plan he proposed the
sets forth an inquiry to he entered nto and gives the
.on Of that inquiry; and he thought the acquisitions Of
the Constitution were fully complied with by this mode
Mr. Jsoney said the House wa. called on to perform
duty enoined upon them by the Constitution. He
had not given much attention to tho .ubjec, because,
when IL discussed about ten days since he had hon
ed from the statements Of the friends Of Judge Green
that he would be induced 10 rcsignThey ought to act
with great caution on so delicate subject; and Mr.
j. was not satisfied with the proposition Of either the
gentleman from James City, from Elizabeth City,
AS the final action OF the Houses be Joint he
under the impression tina, the Initiative steps should also
be taken jointly with the Senate. In order 10 give time
Tor reflection and consultation. he moved lay the
iuisns on the table until Tomorrow.
MIR. Barbour said it would be recoected, that when
this subject formerly discussed he did not pledge
himself that Judge Green should resign, although he
pressed hopes that he would have taken course.
But II justice TO Judge Green say. that he
now thinks his disease removed and that he shall shortly
be able 10 take his seat the bench OF the Court Of APP
pes' Thus much. Mr.. Barbour said, il due 10 that
individual and to himself 10 say.
The motion to lay the table then rejected
Ayes 81, Noes 81.
Mr. Nash opposed both Of the motions, and offered re-
solution endment TO the substitute offered by MIR.
Jones' The House ought to act with great caution in
this NATTER and would be perceived that by taking
course pointed out by this motion, they would avoid all
commitment the facts OF Judge Green's mental or bod
~ condon--they should leave open further decision
whether the causes Of his disability Of light and
silent, permanent character Ifthey should be found
to he the former, and likely pass over after time
the Legislature ought not to act Mr.. N. did agree
with the gentleman from Loudon that the proceedings
this subject must be jointly with the Senate first IT
committee Of the House should investigate the subject
they would forth the facts their report after which
me House would ask the concurrence oil the Senate and
hat oody would then have the advantage OF all the
developed by the committee. IL likely that they
were now acting Tor one case aionehere would proba
bly, be others OF similar kind; and they called
upon TO act not only for the present. but for future times
he hoped they would act with great raution He wished
sincerely that this disagreesbe duty could have been
spared the Legislature by the resignation OF Judge Greene
but OF that he feared there hope, and since the
House was forced 10 act, he felt very soci,ous that
should act in proper manner. Mr. N. then offered the
following re solution
Resoired, That Committee be appointed to inquire
into the causes Of the disability of the Honorable
John W. Green, OF the Judges Of the Supreme Court
oil Appeals OF this Commonwealth and whether the same
is likely to be OF temporary permanent character
with leave said committee report statement of causes
Tor his removal IL the same shall be deemed expedient
and proper.
Mr. Jones OF Elizabeth City, said that precisely the
same objection existed TO this esouon that he had urg-
ed 10 that first introduced, declares that Judge
Is disabled because il institutes inquiry into his pre-
sent disability What proof there before the House
that he was at present disabled! Mr. j. knew OF none
The objection involved in this, the resolu
lion OF the gentleman from James City. Both assumed
The fact OF Judge Green's disabiIi'y and Mr. j. objected
10 both, because the House inquire into that facts
and not TO adjudcae it until Judge Green should have
been heard
stevenson
expanaon TO .hew that he had done the best in his pow
TO redeem the pledge which he had given days
since MIR. 5. had been in the vicinity OF Judge Green,
and he had inquired into the state OF his body and mud
and whether there any probability of his
And he said he did anticipate that Judge Green
would resign-and that his mental and bodily condition is
little better than for long time As the 0dus Ope
randi OF the present proceeding Mr. =. should inter
ERE That painful duty he would leave TO the gentleman
James City; and he trusted the House would act as
us'ice to the country, and the distinguished individual
question: might demand.
Mr. Gilmer said it was important such solemn oc-
.asion TO have the counsel Of every member He be-
ieved there not member who did feel that he
was called on to perform most painful duty But it was
important that it should be performed, this being the frs,
'ase that had occurred under the Constitution MIR.
g. did not the necessity Of the proposition of the gen.
leDan from Elizabeth City, inquire Of The Clerk he
her Judge Green had or had not attended TO his du les
as not notorious that he had not been the bench Of
The Court oil Appeals Tor twelve month past? Why then
send TO the Clerk ascertain TACT which is already
known TO all' They cid this inform ation but
proof as to the of the Judges disability The
quis tons OF the Constitution, were he thought compiled
They to me- Constitution SGI" had
hem permission to doihey did il their peri and he
'ery believed that no present would be disposed to
he strongest necessity Surprising the motion OF the gen.
leman from Powhatan should be adopted committee
appointed, and report to be received from them the
probability that they would decide upon reporting
solutions similar TO those oe red the as
City. What need there Of going through all this
emony arrive what they were doing now! Is re
my gentleman here asked Mr. c. who doubts the disa
,ity of Judge Green! He believed there was not one
aud he had hoped that the gentleman from Spott
ylvania disposed to aid in this disagreeable Duty
since its performance matter oil choice hut imposed
upon them painful public duty He had hoped with
that gentleman that Judge Green would have spared the
House this duty and his not having done So strong
evidence in his mind, that John w. Green is what he
Ii this proceeding to be had all, ought TO
done promptly. he had informed his friend from
pottsylvana when this que formerly fore the
House,, he hoped this would be short session. The
House had made rapid progress in the business thus
md there fewer subjects before it proong the
ession than Usual But if this subject referred TO
committee, and the House to await a report from
hem, the session would doubt be protracied consde
ably. Mr.. e. thought the plan proposed by the gentle
nan from James City the proper one land he
hat IL would save time.
Mr.. Cosion said, neither Of the propositions before
he House met his views. He thought a committee
ought 10 be appointed inquire what be done
Ter the c'use OF the Constitution embracing the of
Judge Green, and then the whole subject would be
brought before the House, and they should be able
he whole difficulty
Mr. Gmer that the object which some genle-
men seemed TO have in view would he attained by
ng TO make the resolutions OF the gentleman from James
City, joint resolutions.
Mr. Nash knew there was much difficulty in deciding
ipon the mode OF proceeding, and he perceived that
hat point there existed great diversity OF opnoDThe
action OF each body oil The Legislature ought
% be retained; and his resolution proposed put this
in possession Of the facts enable the Houses
o act jointly those facts. He would, however, with
RAW his motion and offer il again. should The motion
IF the gentleman from Elizabeth City not succeed.
Mr.. Stevenson said he found that he had been misun-
Ies God 10 what he had said the subject Of Judge
Green's health. Some gentlemen had supposed that he
Mr.. S. entertained hope that Judge G. would again
AXE his seat the bench. Mr. ). had not said He
,ad no such hope-snd melancholy the conviction was
sincerely believed that he never would be able per-
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