Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-21


paint though not in this form or properly before this
LOUISE Eat TIE memorial itself stamps the character
81 'AR crsa, nmd by its specifications manifes:s that
'he sweeping accusa'inn Is not only unjust, DO; not
entitled to the consideration demanded for il. The
'nem"r,a spcc t-s three instances, in which it is said
Tue J@dg" disturbed The peace 1t does stale any
other From the temper of the memorial the bitter
ness with Which Is I'LL nad the xety manifest to
nahe an injurious impression against the Judge is
OBVIOUS, that fother instances could he found they
would De multiplied, and puraded before the world
rom The failure 10 specify others, the three in
sahceo may be fairly presumed (as Mr. T. said he had
~ oonht the fact was 10 be that be named MIR
iaialerro said Ii 4 little remarkable that these
1t ma late day, should be brought before the world
ana feied upon TO prove any abitua disturber
OF me peace. They have, ought long since 10 have
peeh inrc1'ton, beng The results of casual aud
pec'ed differences in which any gentleman, however
anafded IN his department, is lbe 10 be involved
iEeT IN no respect, affect the Judicial character Of
Inc Judge, and were personal differences only. The
fnea''on, ten, il, will the House agree with the
CosnH''tee and refuse 10 Investigate these matters,
concerning. they do in way the official character
or conduct of the Judge !; VIII it descend from its
dignity, 10 the unenvabe Office of Inokinr into the
quarrels OF the citizens of The State, merely because one
OF them holds judicial oihce Mr.. T. said he hnd
thought there could he but answer II will not
90 10 say, that il Judge Scott desires it, this House
should yield 10 his wishes, and depart far from its
GUY 10 The country. 1t is not for him 10 determine
desire It, On the contrary, in his answer to the me-
moral, he protests, and justly protests, against this
house assuming on inqusitorial power and searching
INTO transactions, neither impugnlng his honor
man, nor his conduct as public uicer-whils At the
same Tune, he demands the most searching scrutiny
INTO every charge, in Tie least degree calculated to
cast any shade over his integrity man, and upright
ness rs Judge. The House, then, said Mr. T., would
not be sustained by the country, il 1t 10 descend
TO the investigation of those private qnarrels and
ann limo,
peached for showing the spirit Of man. The gentleman
from Shenandoah, however, nnys, that it mpeachnble
mutcr and reads from the Constitution 10 sustain his
position The Constitution provides, that the Govern
or, the Judges of the Court Of Appeals and Superior
Court, and all others offending against the State either
by maj administration, corruption, neglect Of duty,
any other high crime msdemeanor, shall be mpeach
aoie by The House of Delegates. The gentleman
70 think that lighting BY Judge, is high crime
nsden.eanor that whilst is no high crime INSIDE
canor IN che III private station, To fight, i. changes
and clcyates the character Of the msdemeanor if it
happens i'll the person Of one holding an official station
How, asked MIR. T., would this, if the principle he true,
oPeralc Mr.. T. said he laid down the rule to be- that
Tor whatever matter judge is impeachab,e, justice
at the peace would be subject 10 ment, and,
conviction, TO judgment Of motion from Office. Mr.. L
said the effect would be TO subject every justice 10 pro-
secution, ~ho forgetting in the moment of excitement
and ignorant OF the tremendous power suspended
his head should engage in fight the Cour. green
elsewh
Mr. WiLLIAM1 explained that the charge was, that
Judge Scott was habitua disturber oil the public
peace. lie considered fight in self-dcfence justf-
able
MIR. t. said he would be glad 10 know of the gen.
tleman how many fights in life of sixty years made
haLtnal distuIber Of the peace: Would
Two do, must there be- as in This case, fight
and an effort 10 pull gentlemans nose Mr. 4.
SAID he understood the gentleman to maintain that
one fight is not high crime misdemeanor-nor
yet two, and he really at loss 10 know at what
time, IN the multi plication of numbers, the offence
was TO change lis character, and assume the higher
station of high crime and misdcmeanor. Mr.. T.
could not understand this course Of argument on
legal proposton-a high crime or nisdemeanof is
thing technical and we'll defned-and he would say,
that it was not the addition OF more mlsdcmea
to another, which changed The character Of both
and gave them one character. This would be new
and alarming proposition in criminal Jurisprudence.
Every crime misdemeanor is thing of itself, taking
it at tie time Of its commission, and dependant upon
nothing TO happen afterwards They tried ard ad
Judged each Upon its circumstances. And man
being tried and acquitted condemned, cannot after.
wards be questioned abou, it, The propositions however,
conientec for, these established principles oil
law and maintains, that though acquitted condemn
ed Of charge if another charged OF similar import,
The accused is to for the former again. and what
is worse 10 have il brought up against him TO magnify
the last, and give it higher grade This view, he
thought would be conclusive, and need not be further
enlarged upon. Mr. T. said, if the mere breaches OF
the peace charged in the memorial were committed,
they were in The cognzancc of the proper tribunals of
the country and had been tried o., if not noticed IL
was thereby sufficiently manifest that they were un'
worthy 10 be further investigated. lie could not con
sen, that the House Of Delegates of Virginia, should be
performing The Office of petit jury in trying breach
Of the peace He hoped the House would discharge
The Committee on this subject and let the report on
the grave charges be brought forward and acted upon
before the close of the session.
He repeated that he did not know the testimony Ia
ken before the Committee; but Judge Scott submitted
10 all candid men, whether that testimony did not
entirely wpe out every imPuaton ON MS character as
q man or officer
Mr. WILLIAMS commended, that Judge ia conser-
vator of the peacc-sworn to keep the peace-and, IN
violating it, he violates his duty, and is justly obnox-
ious to impeachment The Constitution expressly pro-
vdes, that Judge shall be impeached for neglect of
duty-and there direct neglect of duty, than
in committing breach of The peace Judge Scott The
said) had challenged full investigation into every
CHARGE why then this resolutions; Is ii not designed TO
escare from this charge,
Mr. T.LIArERRo did not wish TO escape any charge,
and he believed Judge Scott did not
Mr. LErTwIcH-(one of the Commlttee) This cues
ton has been one of great doubt and difficulty. The
Committee although formerly Of the opinion that this
third charge Of improbable character; had
after laborious and thorough investigation, changed
their views and now OF opinion, that IT IS not an
InDeacnaDlS
,bry have nothing to do with it, and ask to be dis
charged from its consideration Mr.. l.. dId no. eeny
that Judge mpeachabP for neglect OF MS ou'y'
Thai s Of his official duties he was clearly oil Cpl
MON, that Judge was not improbable for every petty
breach of the peace If the enquiry to be made let
i, be done by joint committee of the House and Sc
note as required by the Constitution
MIR. SMITH of H., wished TO know If this resolution
WIS offered at the instance of Judge Scott or OF The
memorinIist After the Committee have been instruct
ed TO examine this whole matter fully and fairly, 1t IS
strange that this course should have been pursued
The Committee should have gone TO examine the
whole charges lie could not vote considerably with
out having this information
oec:ed 10 speak of what occurred in the Committee Tor
in That case he could not give the information without
violating the rule fobiddog any ansion to proceedings
If The Committee. If he was expected to speak oil
what he had learned in other ways he would explain
however able it would be to him to address the
House at the present time
Mr.. IRVING said that Judge Scott had in his answer
nrolesle against the House taking cognlzance Oh 'hs
charge. !, a;v., n The