Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-01-11

80
evidence the contested election from the county OF
Morgan; BY Mr.. BYRp, of F of many officers OF the
| militia, that certain amendments be made IN the law
respecting The compensation lowed 10 hdJutants oil
Regiments; Also, petition OF II NJ. Brent and others,
Of Frederick, for TO incorporate cemetery com
pany; BY Mr. MARSHALL, of Fauquier, OF citizens oil
that county, for new county BY Mr.. TATEM, oil ci-
tizsns Of Nansemond. for separate election at Har-
groves Tavern BY Mr. LEWIS, OF citizens OF kana~-
ma, 'r separate ele cton at Walnut Grove Steam Mill;
| BY Mr.. ARMSTRONG, of cite Of Harrison, Marion
and Barbour, for new county out OF parts Oh SAID
counties.
Mr. JoSEs of moved TO tike up bill changing
the court duys OF Buckingham from Mondays to Tues
days. His object was the indefinite po.tpone-
ment Of the bull, us he believed majority oil his con
| siitnent1 were opposed TO il.
| The SPEAKER informed Mr. Jones that h motion
was not in ORDER as the order of the day had prece
dence.
The House proceeded TO execute iha joint order oil
the day. for the election of Judge Of The 18th Judicial
Circuit, to supply the vacancy occasoned by the death
of Judge Lewis Summers.
Mr.. FARLEY nominated Benjamin h Smith OF ha
nawha-a gentleman well known to this House to be
well qualified.
Mr. SHELTON brought forward the name of David
McComas, one who possessed all the qualifications ne
cessary for this office Mr.. S. represented two of The
counties Of the circuit and instructed by his peo
pie 10 support the claims Of Mr. McComas, now men-
Der Of this House, and thoroughly known TO all the
members
| Mr. STANTON nominated George w. Thompson OF
Ohio county. He was prompted not only by his feel-
ings-bu also by his firm belief that the high talents
and standing of Mr. T. would add honor and lusre to
the elevated office, which it designed TO fill Mr.
T., from his superiority Of mind and his knowledge OF
the law had risen to large and aborIous Practics-
Some years since Judge Fry had been ansplanted from
the Kanawha Circuit and placed t, preside over the
Wheel ng Circuit. We should redeem the injustice
then committed towards the Northwest, by taking from
her limits citizen TO fill the Judgeship in the Kanawha
Circuit The ,hicky populated Northwestern section
Of Virginia had never received any Office OF value
The Legislature should do justice to the North
He informed that IA out of tae 10 delegates
from the Wheeling judicial District were IN favor OF
the selection of Judge from that judicial DISTRICT
This should have some weight with the House.
j Mr. ARMSTRONG Of HARRISON did not reside in the
I Circuit, but, at the instance OF valuable friends,
brought 10 the attention of the House Matthew Dun
bar Of Kanawha Me- a. spoke IN high terms of the
talents and qualifications of Mr.. ID. Al the reqnes! oil
! MIR A the Clerk read letter from some members o!
the Bar of knnawha the Governor, tes,ifyng warm
! ~ in favor of the appointment Of Mr. Dunbar, who
for twelve years had filled with general satisfaction,
the office OF prosecuting attorney of the two courts in
! Kauawha.
letter lust read. 1t signed by but few members OF
the Bar Of Kanawha, and gotten up in hasty and
| naelicate manner. The Bar of kanawha were ten 10
one in favor OF Mt. Smith, whom Mr.. L. warmly sup
supported Mr. l. had nothing to say against Mr..
lie objected 10 the nuelcocy OF lnis pFecpi-
tate action be- fore the corpse of Judge Summers
out Of sight, Mr. L. thong Int the object OF the lette'
was 10 loresta the action of the Legislature, by per.
suading the Executive to appoint Mr. Dunbar tempo
rary.
maintained that Mr. Dunbar would not accept the Of
fee if it were ottlined by unfair means.
Mr. ByRp of F fully concurfed in the views OF MIR.
| Armstrong.
| Henry j. Fisher OF Mason county Us IN every way qua
| lifted for this office.
/ Mr. PgspLEroH of Giles and Mercer urged the i'm
por,ance OF the election Of a Judge of the General
Court uhis Court criminal causes being the last re-
sur not only TO the District, but 10 the whoe STATE
Mr. i zealousy advocated the high moral character,
the superor tal=nls and qualifications OF MIR McCo-
mas Two years ago Mr.. NC. Fad received very
large proportion of the votes of the Legislature rs
of the Court of Appeals II he vas not iay elected as
Mr. p really thought he Mr. VI c. had served with
d st;ncon for some years the Virginia Senate aud
was one of the abest and most highly estimated lawyers
in The highest Courts Of the West, As TO the objection
Ina, Mr. McC lived out Of The Circuit, Mr. r said that
in fIlino this Office we should look all over the State
for the hehest abilities and the purast character When
these qualifications equally possessed by person
in the circuit and out OF It, he should certainly prefer
the If the person out OF the circuit had su
peror claims Mr.. +. should vote for him, regardless
of his residence. Moreover, in some respects It was
better 10 appon, Judge ont of the circuit, as he
would be entirely unbiased by local feelings, and his
business in the courts would produce no delay Mr.
P cited the precedent of Judge Allen, who had been
selected of the circuit and mao gwen general sa
tsaction.
Mr. STEPHENSON thought It las he always had done)
an outrage on the people and the bar OF circuit, to
elect Judge out of the Circuit lie had no feelings or
pre JUDGE against either Mr. MeComas or MI IhomP-
SON. bat lie thought that there were able men enough
in The circuit who could be selected TO fill this high
station He called upon the House to shew some
gard for the wishes and feelings of the people Of the
circuit who wished to have judge selected from among
themselves Mr. s. did not rise To support either oil The
ne ntlemen of the Circuit who had been nominated
but to state that he utterly opposed to an lmporia-
ton of Judge when there are so many men oil talents
and capacity in the circuit. MIR spoke IN high terms
Of Messrs Fisher and Smith, who were distinguished
land LAWYERS If this Legislature had been Wing they
never would have thought Of elecing Judge out oil
the circr there were men enough IN the circuit
qualified 10 fill thus Office. RESPONSIVENESS had come
in from all parts Of the circuit against the importation
of Judge Mr.. S. commended that the instructions
from Cabell and Wayne, in favor of Mr. McComas were
no instructions al all, there were only two or three
hundred sgners, out of population OF len thousand
Mr. CowAY earnestly sustained Mr. McComas with
whom he had the honor OF serving in the Senate OF
Virginia. when Mr.. McComas ranked with the dst'n-
puished General Dromgoole and Judge }. 7. Mason.
Mr. Nee stood as high any man in the State, for
legal atainment, Judge Estll had highly recommend
ed him. He hoped the House would give The office 10
Mr. Nice, who would add honor 10 the oencn ana con-
| fer much good on the State.
MIR. PESpLRros OF G. & NJ. objected TO the intro
duc,ion of party, done by Mr.. Stephenson, In
1862, Democratic Legislature had elected John
J. Allen. Wing. for his high publications. Mr. P
said, that If Mr.. Nice. was elected, he would remove
at TO the Circuit
Mr.. STEPHENSON disclaimed party motives-and as
an answer 10 Mr.. Pendleton, would say that he (mr
would vote for MIR. Fisher, good Democrat as
the gentleman from Giles IL Mercer.
MIR. GARRETT asked to say buta word in reference
to the election about TO be gone into. Gentlemen had
alluded TO party. No such consideration should go
yern his vote. On the Contrary, he would demonstrate
tina, he was no much of par,izan, some might
suppose-be should vote for Mr.. McComns He had
served with that gentleman upon the Committee OF
Courts Of Justice, and from his intercourse with him
there aud elsewhere, lie (Mr. g. was most favorabIy
impressed with the qualifications of Mr.. McComas !
He believed that he would discharge The duties OF
Judge Of the General Court with credit to himself and
honor to the station He believed Mr. McC. honest
and capable, and that he would strictly adhere 10 the
laws and the Constitution and he should therefore vote
for him.
Mr. EpcINGroy referred TO the action of the Legs
lature few years ago, who had forced stranger
upon the Wheeling Circuit passing over the most DIS
t,neushed Lawyers in The Circuit and among them Phil