Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-21
GENERAL ASSEMBLY OF VIRGINIA
HOUSE OF DELEGATES.

the Governor, transmitting the quarterly statement
OF the condition OF the Exchange Bank Of Va. as il
e1s'ed on the hrst instant, which, on motion of Mr.
COLEMAN, was laid on table and ordered to be
printed
On motion Of Mr.. CoLEMAS.
Rtsolred, That the Committee for Courts of Jus
tiee be instructed to enquire into the expediency of
adopting some other mode of settling contested ni
TONS, than that now provided by law.
Ordered, That Mr. COLES be added TO the Select
COMMITTEE upon the subject Of repairs to the Capt..
tol.
PETITIONS.
Mr. STANDARDIZATION Of citizens of the county of
Augusta, for the establishment Of separate cleo
ton IN the town Of Greenville in said county
Mr.. WooD-Petition OF the corporation court of
the Town oil winchester asking for certain altera-
tons IN the powers Of the court and its officers
Mr.. MAY from Committee of Courts of Justice
presented
Bill giving further time to the Mechanical Bene-
VIOLENT Society Of Norfolk Borough TO draw the lot
tery;,
ceased;
Bill to provide for revision the laws.
JUDGE OF THE GENERAL COURT
The house, according 10 the joint order of the
day, proceeded by joint vote with the Senate 10 the
election of Judge Of the General Court TO supply
the vacancy IN the seventeenth judicial circuit oc-
casioned by The promotion OF Judge John J. Allen.
Mr. ERsKIsE had the pleasure of proposing the
name OF a gentleman well known to the members
OF that House, If not personally, at least by cha
| racter--he alluded TO VIM. Smith Of Greenbrier.
MIR Smith had resided for great many years in
that Circuit; he was a respectable member of the
bar; and he would state, that in looking forward.
not supposing that Judge Allen would remain on
the bench OF that Circuit Tor any length of time MIR
Smith had been generally spoken of in tina: Circuit
and elsewhere as his successor. MIR Smith had been
a public man. he had served as a member Of Con-
gress Tor that District for six years-prevousy TO
that time he was elected and served rs a member Of
| the Legislature during that time he was elected 10
the Executive Council, and while member he was
| taken up and elected member of Congress- He
mentioned these circumstances TO show that Mr.
Smith had been regarded by those who best knew
| hiEl, as man of some abilities and skill or he
would not have been selected To fill these Offices
lie was from his own county and neigh borhood,
| and he could, Of his own knowledge sneak of him
as man highly esteemed, honest correct and wor.
thy. He had no doubt that if that House should
think proper to confer this appointment upon him.
he would reflect credit upon their choice. He could
vouch Tor his industry, for the zeal, ability and
| promputudc with which he discharged every duty
II they thought proper to make Mr. Smith a Judge,
there would be no effort wanting on his part 10 dis
charge the duties OF that office to the satisfaction of
all. He trusted that the House would confer that
appointment upon him.
Mr. FULTON rose to nominate Mr. Edward John
son OF the county Of Botetour, a gentleman we'll
calculated TO discharge the duties Of that office most
! credtaby TO himself, and acceptnbly TO the people
of that Circuit, A personal acquaintance with that
gentleman enabled him TO speak the more conf
IDENTIFY as 10 meme. 80 -. ,"., q, -, ,,,nn-
SON loT the last ten years Intimately, n portion of
winch iIne he had praciiced at the same bar with
That gentleman. Every gentleman who had per-
sonal acquaintance with Mr. Johnson must acknov-
iedge that he was gentleman Of the HE hest order
| OF intelleci he was Of the most exemplary moral
character, and OF lbtral DISPOSITION. lie posses
sed thorough knowledge of the law, formed by
Twelve years constant and sborious practice
There was another thing greatly in his favor; he
was In the prime Of life, possessing physical abb
NY 10 labor and wall as strong as the ability.
should the House confer this appointment upon
him, he would not, IN accepting it, he influenced by
pccuniTy considerations for the emoluments Of his
present practice would exceed, he was sure, some
two three times the amount Of the salary of tho
Judges Of the General Court. Ho however Ngns
willing TO accept the appointment should il be the
pleasure Of the House TO confer il upon him. He
did not wish 10 be understood speaking in the
slightest degfee in dlsparsgsment q tho claims OF
others. AS far as he knew any thing Of the gen.
tleman nominated by the member from GreenbTier
he stood fair 10 the estimation Of all who knew him.
lie believed that Mr. Johnson had not had the honor
Of serving the people in any public station but that
fact, he apprehendod, could not derogale from his
claims. After some further culogistc remarks, Mr.
!. took his seat.
Nc WILLrNg advocated the election Of MIR
Smith.
Mr. BuEwELL Of Bedford would ask the ndul.
eenc6 Of the House while he participated in the
DEBATE. lilo was interested az representative, be-
cause living IN an adjacent county, his constituents
were, many OF them, suitors and thus Interested d.
Tecty IN the character Of the Judge chosen TO pre-.
SIDE over this circuit lie was, however Interested
IN another and higher capacity, as citizen Of the
Commonwealth and Representative on this floor
~ the character Of tho Judiciary OF Virginia. The
character Of that body had always been elevated,
and Il should be the effort OF this body to preserve
il by the selection of the highest talent and moral
worth which could be commanded. The decisions
of the tribunal IN which they proposed TO 6l this
vacancy, were the law Of the land-for they were
the exposition Of tho law, and SUCH would be nc
guessed in by the people; and 10 acquire and pre-
serve the confidence 81 tho people, tho character Of
that tribunal and its adjudcatons inust be above
suspicion and reproacb. To the honor Of Virginia
be II said. that character elevated, pure-nnd
though Virgina might be tainted with decline
Of ability and influence IN the halls Of national To-
gislaiion-though she had Just passed through the
longest and the most prolonged aud embittered civil
struggle which their annals had ever known, the
honor Of their judicial tribunals was still untnrnisb-
| cd; and while tho bright sword OF Justice was as
IL ever had BEEN undimmed by the tear Of oppross-
ed Innocence, the balance IN which was suspended
the rights OF their citizens, had never uembled
fionn ts equipose with tho least dust Of Venalty
He had risen for the purpose Of adding his hum
bic appreciation Of the merits fthe nominee of the
gentleman from Wythe; and from long acquain
lance with Mr. Johnston. he could give his assur-
ance that he Possessed the high moral qualifications
| for this Office, which indispensable 10 is ex
ercse. In he manners, he was courteous and &C.