Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-26
HOUSE OF DELEGATES,
Urdacsdau, .Mnudry 20.

JUDGE OF THE GENERAL. COURT.
The House, according to the unt order Of the day,
proceeded BY Joint with the Senate the election
Of Judge Of the General Court, to supply the
cy in TIE seventeenth judicial circut, occasioned BY the
promotion Of Judge John J. Allen.
Mr. ERsKixE had the pleasure of proposing the name
of gentleman well known TO the members Of that
House if personally, at least by Characteristic al
luded to VIM. Smith of Greenbricr. Mr.. Smith had
resided for a great many years IN that Circuit lie was
respectable member of the bar; and he would stale,
that in looking forward, not surprising that Judge Al
len would remain The bench of that Circuit for any
nuth of time MIR. Smith had been generally spoken
OF that Circuit and elsewhere as his successor MIR.
Smith had been public man; he had served as men,
her of Congress fur that District for six years-prvl
on sly that lie elected and served member
Of the Lrrislature during that time he elected
the Executive Council, and while member he was
taken up and elected member OF Congress. lie men.
toned these circumstances to show that Mr. Smith had
been regarded BY those who best knew HIM, rs man
Of some abilities and Skill or he would not have been
selected 10 fill these Offices. lie was from his own
county and neighhnrhood, and he could, of his own
knox ledge, speak of HIM man highly esteemed.
honest corrcc, and worthy. He had no doubt that
tha, House should think proper 10 confer this appoint
ment upon him. he would ref, CT credit upon their
choice He could vuuc for his industry, for the ZEAL
ability and prompude with which he discharged every
duty II they thought proper To make MIR Smith
Judge there would be effort wanting on his part TO
discharge the duties Of that office to the satisfaction of
pontment upon him.
Mr.. FrLroy rose to nominate Mr.. Edward Johnson
Of the county of Boetonrt, gentleman well calcn
lated to discharge The duties Of that Office most credit
ably to himself, and acccptnbly 10 the people OF that
Circuit A personal acquaintance with that gentle
man enabled him to speak the confidently AZ
10 his merits He had known Mr.. Johnson for the
last ten years intimately, portion OF winch time
he had practised at the same bar with that gentle
man. Every gentleman who had personal acquain
Iol,n nrEn l,dr 10
wnsa gentleman nfhc highest order OF intellect he was
ofihe most exemplary moral character, and of liberal
disposition He possessed thorough knowledge o! the
law, formed by twelve years constant and laborIous
practice. There was another thIng greatly IN HIS nvoF
he was in the prime of life possessing physical ability
10 labor and will strong the ability. Should the
House confer this appointment upon him, ne would not,
in accepting il, be influenced by pecuniary consdera-
tons for the emoumens of his present practice would
exceed he was snre two three time the amount
oc The salary of the Judges Of the General Court He
however, was willing 10 accept the appointment, should
he the Measure of the House To confer il upon hun.
He did not wish To be understood rs speaking IN the
slightest degree dspaagemen of the claims OF others.
As far as he knew any thing of the gentleman mo-
minated nv the gentleman from Greenhrer, he stood
c;r IN The estimation o.! all who knew him. lie be-
ipyed that Mr. Johnston had not had the honor OF serv-
ing the people in any public station; but that nct ne
aporehended could not dcrogate ieom his claims Al
ter some further eulog stc remarks, MI r. took MS
seat. - -,
Mr. WILLIAMS advocated the election Of MIR. Smith.
Mr. BuRwELL of Bedford, would ask the indulgence
ofthc House while he participated IN the debate lie
was interested representatives because living IN an
adjacent county, his constituents were, many Of mem,
stors and thus interested directly in the character
or the Judpe chosen TO preside over this circuit He
was however, interested in another and higher ca
pacity as 4 citizen ofthe Commonwealth and as re-
preventative this floor, in the character OF the JUDI
ciary Of Virginia. The character OF that BODY had al
:. l.. IL lat ltn ny,r MT tIrS
body to preserve it by the selection of the highest
talent and moral worth which conld be commanded.
TIE decisions of the tribunal in which they proposed 10
ill this vacancy, the law OF the land lHey
were the exposition of the law, and as such, wouio
be acuuesced in by the peoples and to acquire ana
preserve the confidence of the people, the character OF
that tribunal and its adIudicatons must re ABOVE sus
picon and reproach. To the honor oil Virginia oe -
said that character was elevated, Pure-and though
virginia might be tainted with decline OF ability and
influence in the halls Of national legslaton-thongh
she had lust passed through the longest and the most
prolonged and embttered civil struggle which lneir
annals had ever known, the honor OF their Jndc,a i
bunas was still untarnlshed and while the orignt
sword of Justice was, it ever had been, undmmed
By the tear of oppressed Innocence, the balance IN
which was suspended the rights OF their citizens, had
never trembed from its equPoise with the least dust
of Vcnality.
He had risen for the purpose of adding his humble
apprccaton OF the merits of the nominee OF the gentle
man from Wythe; and from long acquaintance with
Mr.. Johnston he could give his that he pos
sessed the hg qualifications for this Office, which
were indispensable 10 lis exercise In his manners, he
was courteous and accessible to ALL and while he would
carry to the bench its appropriate dignity he would ex-
tend patient and aabe hearing to the humblest
tor and an impartial consideration to the most insight
fcant interest which might come before him. He pos
sessed mind sound logical, and discriminating; es-
scntiay legal in capacity for research in the cor
recncss oflts conclusions, and that calmness, which
would assure its unbiased decision upon the graves
questions of human interest which might be submitted
- b;a adud;cot;on In relation to his legal acquire.