Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-10
HOUSE OF DELEGATES.

Saturday. Jun. Z.
MIR. OLIVER presented petition Of Ricbar I'd kenuo,
Smith, Edward l.. Royal, and WIN. H. Anderson Of
Nottoway 10 be relieved from the penalties Of The anil
! DuellnG l.aw.-Tefcrred.
Mr.. TALIarEnEo called up The report Of the Special
Committee on the memor.a! Of Martin p Brooke against
Judge John Scott
Mr.. SMITH of presented the answer O. JUDGE Jno
Scott, which was read 10y the Clerk Ills 81 pages
and follows the memorial OF NJ. +. Brooke IN every
particular.
Mr.. T,ErArEREo ofered resolution, tina, the Report
oil the Special Committee be recommlled TO the sam.
Committee with instructions to enquire into the truth
OF so much of the said memorial charges matter or
matters of impeachment against John Scott, ESQ one
OF the Judges Of the General Cour. Q: this Common
wealth, and that the Committee be empowered TO send
Tor persons and papers, and tina, the said Committee be
discharged from the further consideration of all the
other matters CT Tie said memorial
Mr.. TALiAfERRo thought the object Of the resolution
nsructng the Special Committee was merely that the
committee, after an investigation should report TO the
House the best plan of proceeding. Mr. +. read the
Constitution OF frg na, 10 show that there were two
courses 10 be pursued-lst, mpeachmc Thy the ous.
and trial By the Senate Of improbable offences:
and 2dly Removal, by joint Of both Houses far
offences not Improbable. AS to the mpe achsble o.
fences, his resolution proposed that il these charges
true, We we're bound 10 proceed al TO impeachment;
and in that case there necessity for notice =.
Judge Scott, until the impeachment bad been intro.
duced In the case OF removal by joint vote, - DAYS
notice is necessary and, IN the oil removal, he
thought the House had power even 10 nrestjaaie
this matter without the joint action of the Senate
Suppose determine to in this matter is the Sc
nate bound Ivy our action Have not the Senate tie
power to investigate the matter for themselves Ii 4
committee of this House 10 proceed alone, then
the committee Of the Senate would have TO wait and 60
over the whole examination again II removal be De.
cded upon, both Houses should proceed together Ii
impeachment be determined upon, could the House 90
before the Senate and make these grave charges, uncss
we had previously investigated them He though;
the special committee had acted properly but this
House have not the power 10 impeach hirh officer
before investigation. He lns;anced the case Of Judge
Chace, when The charge was made by member oi the
House Of Representatives.. The House did no, proceed
upon this charge, so socmn'y made but, attic NEXT
session, committee was appointed to enquire into the
truth OF the charge. Essentially The same course was
pursued in tie Of Judge Peck The committee
should proceed to investigate the matter and in liz
sound discretion, TO call for such papers and peIsons
IT may think proper-allowing Judge Scott to appear
before them. lie was not willing TO allow Judge Scott
10 have his subpGnds but the committee IN their
sound discretion, should allow the examination of snch
witnesses would tend to elicit the truth The CON.
mittee would not try the question finally but would de-
eide whether there is any rational ground for ucror
action.
Mr.. Bnowy of p had at one time though, tina, tn.
House should have had strong ground for the
charges-the House had thought differently and lie
was inclined to believe they right. lie was OPP
posed TO the recommittal lie thought that the House
should proceed either by calling the accused before
the bar OF has House, and proceeding by joint vote
with the Senate, or by laying the imp achment before
the Senate, who will form Court for the trial OF this
impeachment HE was opposed to delegate to the
Committee, in secret room, the unlimited power 10
examine such witnesses as they might think proper
II the Committee once begin to investigate, they can.
net stop till they get through The whole trial. Again
when their Report before the House, on motion
10 reverse their decision the whole evidence would be
gone through again, and this would be far from
sufficient to close the matter He for proceeding
upon the exrar,e testimony already have, 10 send
the accused before the Senate, where the ullct
dence would he gone into ard tie final decision Le
made.
Mr. DANIEL Of II. supported the resolution.
Mr. IRVING thought the Committee had disregard.
cd their duties in recommending an impe achnen,
without having first investigated the trn:h Of Ia.
81 'tfassffn lnisteie 81 T pifsaie s malice alice;
Mr. IrrrwIcu moved TO amend the Resolution o.
Mr.. TAllArrERRo, so as to insert after the WORDS
sspersons and papers," the foowne-"and The sad
Committee, together with Committee TO be appoint
ed on the part of the senate do further enquire INTO
the cxpediency and proprcty of further proceeding
gainst the the lion. John Scott, with view 10 hs
removal from office by concurrent vote OF both Houses
Of the Legislature by Of the charges contained
in the memorial Of Martin z. Brooke, other than those
which involve any improbable oferce.
Mr. l.. said he much indsposed to-day, and de-
sired To express his yiews-and therefore moved TINT
the House do adjourn which accordingly done