Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-02-07

on surveys made By him during tho last ye.r-also, the
report Of John WilIiston, Esq, on The survey Of tho Not.
toway river.
On motion Of Mr.. HARRISON, the report was laid on
The table, and ordered TO be printed.
poWIATAN CONTESTED ELECTION
nc consideration of the reportof the Committee of
ff'vi'eges and Elections on the PoWhatan contested
elre'Ion, was then resuped, and af:er considerable prog.
frSS' had ocen made IN the same, on motion of Mir. May, it
was iaio on The table, in order that he might present a
rr,port from the committee on the subject of Judge Is.
tIs renova! from the State. and consequent vacation
his : 4: on the bench az che General Cour..
MIR NJ. t:en presented 4 report which closed with a
resolution, Gxing the Ism day Of March, 70, projecting
to consider whether Judge c.. has not vacated his seat,
&c.
Mr.. WAITRESS moved 10 amend the report by striking
out lhlt resolution and inserting The following:
Rrsoired, That this House will by joint vote with the
Senate. proceed on the lwenty-tbird instant, TO the cleo.
ton cf n Judge of The General Court, to supply the va
cancy, occasioned by the rcmoTal from the State of
Judge Esti!l.
This molin orcasioned much d,bate: in which Messrs
May, S,anard, Watkins, Edmunds Of H., Witrhcr, ia:-
llson, iunstal and Bo ,kcr took part.
'ir. " then withdrew his motion to amend, obserV-
ing thaf ne dd so, because it could be offered at any
iu'nre PeFiod' IT 1t should be more positively ascertaIned
lnat Judge L. had permanently removed from the State.
ne report vi TIE committee was amended IN various
particulars, and finally adopted IN the following iorm:-
The Joint Commilte which was instructed to in
4nilc whether Bcnjanir Esliil, Esq, one Of the Judges
OF the General Court, has vacated his office; and what
Pr"credlngs 1t is proper 10 adopt in order to his removal
IRON office according TO the 9th section of the 9Th article
OF the Constitution, respectfully submits the following
report:
1t is represented llnt the said EstiN has removed from
the Stale OF Virginia to Jackson, in the State Of Missis-
sipp'; and from verbal information from persons a~cquaint-
ed with him, as we'll as an advertisement in a newspaper
s'lewn to The committee, announcing the fact OF his re-
moval, and bis intention to practise law in the courts of
that State, there would seem 10 be no renson to doubt
that he has so removed. Whether or not he may design
to return TO this State N lime TO hold the courts of his
cITru't n ~ y Z snrInr Tim ~ otpIt Ia no n n A. nnod n nj
all necessary 10 inquire. His non. rcsdence within his
judicial distric: is contrary 10 positive law; and his re.
moval from the coIa,non wealth: whiIe it must be inju.
rlous to The public generally and 10 the people Of his cir
cut especially. is deemed incompatible with the princi-
Piles OF our government and deroratnry to its character.
The committee recommend therefore, the adoption Of
The following resolutions:
The 10Th day Of March, Hee%ff,,l "A Assembly will proceed on
served OH him % days previously 10 that day, an6flhMG
then, ON the 18Th day Of March next, 10 inquire wle-
ther Benz Estil, Esq. shall be removed from his Office
OF Judge Of the General Court, and Of the Circuit SUI
periof Courts Of Law and Chancery, in the 18th cir
cult; aud that he Ls duly notified Of The following, as
tie cause for lis contemplated rc:aova! from otice-that
is 10 sag:
That the said Benjamin Eslil. being 4 Judge Of the
General Court Of this State, and Of the Circuit Superb
or Court Of Law and Chancery in the 18th circuit, and
being required by law TO reside within the Sth judicial
district, doth not reside within tn" limits thereof:
Ersoised, Fha; the Speaker Of the Senate and the
Speaker Of Tn. Il Of Delegates, be requested to cause
a notice 70 I've delivered 10 the sad Estii, that the Gen.
cral Assembly will proceed, on The said 10Th day Of
March next, il Il legal np'icc be duly served on him, 90
days previously /, that day, and il moi, then OH the 18th
day OF March next, 70 consider the prop!cty Of remov.
ing him from Office; and that they cause to be delivered
10 him, 4 copy Of the cuuse above stated, as the reason
for his removal; aud also that capiss thereof be publish
cd in some newspaper Of the City Of Richmond, and in
the town Of Abingdon, IN H';,ch he last resided i'll this
State.
Mr.. May was appointed to communicate the report as
amended, To the Senate.