Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-02-20

dica effect Mr. r. said he had thought there could be
but Ons will do that Judge Scott
desires it, this House should Yield his wishes. and depart
it, duty u the IL him de-
cnnc what proper for Us do. hut the Judge does
desire Il. TN the contrary. in his to the
rial he protests and justly protests against this House
Stunning inQuisitoria Power and searching into
tons neither impugning his honor man. his conduct
public officer; whilst at the he demands the
searching scrutiny into change in the least de-
gree calculated any shade his integrity
man and uprghtncss Judge. The House, them said
Mr. T., would not be sustained by the country II
descend the Investigation Of those private quares and
consume time IN considering whether Judge should be
impcachcd for showing the spirit OF n The gentle
man from Shenandoah, however, that IL impcach
able matter reads the Constitution To sustain his
position The Consultation provides, that the Governor
the Judges o the Co1rt OF Appeals and Superior Court
aud all others offending against the State, either by NAL
administration corruption, neglect OF duty any other
high CRIME misdcmcanor shall be mpcachabc 10y the
House ut Delegates. The gentleman seems To think that
fighting by Judge, il high crime misdcmcanor; that
whilst 1t isno high crime OF misdcmeanor in pr.
waite station fight changes and elcvaies the charac.
ter OF the mdcmoonur, # 1t happens in the person OF
one holding an official station. How, asked Mr. T.,
would tins, IT the principle be true, operated Mr. L. said
he laid down the rule be. that for what matter Judge
impcachSbc, justice ct the peace would be- subject 10
prcsentment aud conviction Judgment OF emotion
from office. Mr. T. said the effect would bc 10 subject
every justice To prosecutions who forgetting the
oi excitement, and ignorant ct the tremendous power sus
pended over hs head should engage IN fight the Court
green elsewhere
Mr.. WILLIAMS explained that the charge was that JuJpc
Scott was hNhiua disturber ct the public pesco lie
considered fight in sclfdccncc iustiiab!c
Mr. l. said he would be glad To know of the gentleman
how many fights IN life of sixty years made a man an
hahua disturbcr nj the peacel Would two do or must
there be as IN this case, fight aud effort pull gen
temans noscl MIR. T. said he understood the gcn.n,,,
10 maintain that fight high crime or misdcmean
ornoE yet two, and he really at loss To know AT
what ume IN the multiplication of numbers the offence
was To change its character aud higher station
ct high CRIME and misdemcanor Mr. Il. could not un
derstand tins OF legal
high CRIME or misdemcanor thing technical and we'll
dehned-and lac would say, that the addition of
one more nisdemeanor TO another, which changed the chs,
Facier oi both and them character This woud
De new ana alarming proposition criminal uriSpn.
dence Every crime misdemeanor il n thing of itself
taking It at the time of Its uun
nothing happen afterwards. They are triod and ad
Judged, each upon its circumstances. And a man
being uied and acquitted condemned cannot after
wards be questioned about it, The proposition however
commended Tor these established prncpes of law
and maintains that though acquitted condemned of
charge II another Is changed OF similar import the nccps
Is TO for the former again. what worse t., have
II brought up against him 10 magnify tse last give il
higher grade This view he thought would be conclusive
and need not be further enlarged upon Mr. r. said n
the mere breaches oi the peace charged IN the pcn,i
were committed, they the co,niznnce of the nro
per tribunals of the country and had been tried or # NOT
noticed it was thereby sufficiently manifest that thcy were
unworthy tn be further investigated lie could moi con
sent that the House OF Delegates OF Virginia, should be
performing the office Of petit jury trying breach of
| the peace lie hoped the House would discharge the
committee on tins subject and let the report the grave
charges be straightforward aud upon before the close
! OF the session.
lie repeated that he did not know the testimony taken
before the committee; but Judge Scott submitted 10 all can
did men, whether that testimony did not entirely wine an,
every mpu,ation his character as man or an officer
Mr. WILLIAMS cOnendcd tina; Judge l. "A conserynt,r of
the ieHce-sworn to keep the peace, and IN violating it, e
violates his duty and justly obnoxious TO peachment
The Constitution expressly provides that Judge shall be
impeachod Tor neglect of duty-and there no more d
rect neglect OF duty, than IN committing breach of the
peace Judge Scott (he said had challenged full iuyes
CATION every charge; why then this resolution T. !,
| not designed To escape from tins charger
Mr. TALiATERRo did wish To escape any charpc mud
he believed Judge Scott did not.
Mr. LErrwIcH Zone OF the Cummittcc) supported the re-
solution lie had had great doubts whether a challenge had
been given lie inclined 10 think there was no such cbn
engeas was contemplated IN the an-duelug law In CON
sequence " tins doubt, which the minority of the com
mittee had participated the had AT one time CON
sd"cd the charge involving impcnchab offence mud
another had different conclusion If il he moi
impcachableas the think the propcr uoic
oi proceeding would be by joint ofboh Houses
with view removal from office He could not subscribe
Ia Nh Williams position that Judge mghtbe impeached
Tor every neglect OF dut could Toe only of Of
fetal duy-no, for simple trcspasses.
Mr. SKIM, OF H., desired to know OF the Chairman Of
the Committee at whose instance the Resolution vns in
toduced-whether by the Memoraist or bv Judge Scott
Mr. BYRD, If he understood the object OF Mr. Smiths
question: could not respond 10 IT, without violating the rule
iorbddng nIsion TO proceedings of the Committee
Mr. DANIEL, of r. hoped leave would be given to the
Chairman make any which would throw light
| upon the subject.
! Mr.. IRvNG could answer the question of Mr. Smith
Judge Scott took the ground his reply the memorial
that the House should take conilance of this charge
lie there protested against this House assuming an nquis
oa power and searching transactions which neither
impugned his honour man, his conduct as public
officer" and he demanded the most searching sctinv
into every charge which the least degree ca cuated
70 cast shade his integrity and upriChtncss
Judge" lie "had entered into compaci with the
State tamcy to submit Insult" &c That was the Ian.
gunge OF Judge Sco- reply and Mr. !. invited the
| ten of gentlemen u.
/ Mr.. SIXTH, without knowing at whose instance the m
vetgatOn arrested, doubt how To- act But rs
lac wished full aud thorough inquiry he should vote
! against the resolution.
Mr.. TAYLOR did deem it OF any consequence to
Enng al EIf
ward II the subject of the third charge did not IN
volve impeachabe offence was not proper for the
committee ed and the commiite, WINS ripht In ns
| ing to be discharged.
Mr. PARKS surprised the interrogaory Of the gen
heman from Harson-because response could not have
any influence upon the result The merits could not be
affected, whether Judge Scott raised the question or yho
Their Martin r. Brooke raised the question IL was for the
House TO whether the committee right IN consider
ing the charge as not impcachnbe and matecd
| started the question.
Mr. TyEvyEE regarded this most important question
as involving the question Of what's impeachabs and what
isnoi How far the weniythree Judges may proceed with
ont responsibility. He moved that the chairman or any
member OF the committee have leave make any state
mcnts IN regard 10 the proceedings Of the committee.
Mr. LEWIS said he did to enter into the merits Of
the question under discussion. His object simply TO
answer the inquiry propounded by the gentleman from lIa
rison which the Chairman Of the Select Committee felt
himself doubtless restrained from answering by motives Of
dcic1cy. II II would aid gentlemen voting understand
ngy upon the subject he authorized state that the re-
solution reported by the Chairman was suggested by Judge
Scott himself His motive for that the charges in the
memorial Of VI. 7. Brooke the subjects Of libel suit.
between the parties depending the
Fauqueri that special term appointed by Judge
Leigh be held IN December last but was prevented from
taking place by The presentation Of the memorial in the
early part Of the OF the Legislature which arrested
the proceedings IN Court lie further authorised to
say that Judge Scott does fear shrink the fur
er investigation Of these charges before the committee
that all the most important charges have been gone through
and that the matters confined m the 81 charge the me-
m0ral are not Of impenchabe nature neither affecting
his character a Judge man. aud arc deemed Of so
trivial moment ~ " be unworthy the further attention Of
the Legislature. Should the investigation be pursued il
will only consume Time without ending any available
practical result and the Time will have passed without an
opportunity "a prepare Tor the trial oi these causes nt t
special term assigned TO be- held by lldgc Leigh early in
March. These are the considerations which influenced
Judge Scott in uggosngihc resolution under consideration
Mt BYED did not desire Mr.. Tayonnor's motion 90 pre-