Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-07-03

Friday, june 9th
The Convention met pursuantto adjourn
mcnt, and after prayer by the Rev. Mr..
Marley. the journal Of yesterday was read
and approved.
JUDICIARY REPORT.
On motion the Convention resolved it.
self into Committee of the Whole.
The 18th section was reported as fol-
lows:
"The said Judges while in Office shall
hold no other Office, appointment or pub
lie trust, and the acceptance Of such by
either Of them shall vacate the judicial Of.
fee. And no Judge while in Office, or
within one year after he shall have ceased
to hold the same, shall be elected to any
political Office under the Constitution and
laws Of this State"
Mr.. Hoge moved to strike out the latter
part ofthe section. after the words "office,"
which was disagreed to.
Mr.. Hoge moved to strike out the words
cor within one year after he shall have
ceased to hold the same. Rejected, ayes
%, noes SO.
The 5th section, to which no amend
ments were proposed, isas follows:
Judges may be removed from Office by
a concurrent vote of a majority of the
whole number Teach Of the houses Of the
General Assembly; but the cause or caus-
cs Of removal shall be entered on the journ-
al of each house, and the Judge against
whom the Legislature may be about to
proceed, shall have notice thereof accom-
panied by copy of the causes alleged for
his removal, at least twenty days before
either house of the General Assembly shall
act thereupon."
The 18th section, WHICH was passed
over for future consideration, reads:
"The present Judges of the Supreme
Court ofAppeals and of,he Circuit Courts
and their successors, shall remain in office
until six months after the termination of
the first Legislature elected under this Con-
stitution, and no longer"
The 18th section was then reported as
follows:
"a special and temporary Court Of APP
peals,to consist Of three udges, may,i nee
essary, be constituted by law out of Judges
ofthe Supreme Court Appeals and Cir
cit Courts, or any Of them, to try the cases,
or any of them, which may remain ON the
docket of the present Court Of Appeals,
when the Judges thereof shall ceaset to hold
their offices, as herelnbefore provided: or to
try any case which may be on the docket
of the Court Of Appeals hereby constituted,
which majority Of the Judges hereof may,
from interest, relationship, or having been
counsel in the case, be unable to try"
1t was moved to strike out after the
words "any of them," to the words "to try
any case which may be, &C." The com
mittee refused to strike out.
Mr.. Taylor in the first part of the sec
ton, moved to strike out "three" and to
insert five" Rejected
Mr.. Taylor moved to strike out "three"
and to insert "not less than three nor more
than FIVE" which was agreed to--ayes
As, noes 80.
Mr.. Smith, Of Greenbrier, moved to
strike out after the words ga special and
temporary Court of appeals, to the words
"may if necessary, &C." Disagreed to.
The 10Th and 10Th sections are reported
as follows:
10. When a Judgment or degree is re-
versed by an appellate court, the reasons
for such reversal shall be stated by the
court, in a written opinion, to be filed and
preserved with the record in the case.
90 All the officers ofthe Supreme
Court and of the District Courts, except
sheriffs, shall be appointed by the said
courts respectively, or by the Judge there
ofin vacation. The duties and compensa-
ton Of said officers, their tenure of office,
and the mode ofremoving them from office,
shall be prescribed by law.
Mr.. .Janney, in the Goth section, moved
to addafer the words "and the circuit. "
the words "of the District" Disagreed to
ayes 9, noes so,
Mr., Price moved to strike out from the
Goth section the words except sheriffs."
Agreed to-ayes AZ, noes 33.
Mr.. Garlic proposed to add the follow
ing to the goth section: provided, how
ever, whenever the office and salary Of the
Clerk olthe Supreme Court Of Appeals
shall exceed in the aggregate - dollars
per annum, the surplus over and above the
said sum of - dollars shall be paid into
the Treasury, Disagreed to.
The 2l.t section is reported as follows
"The clerks and attorneys for the Com
monwcalth of the Circuit Courts, shall be
elected by the qualified voters of the coun-
ties or corporations for which said courts
are held respectively, and shall hold their
offices for the term Of seven years from
the date oftheir election, and until their sue
cessors shall be duly qualified. Their du-
ties and cempensations. and the mode of
removing them from office shall be prescrib
ed by law"
Mr.. Scott, of Richmond City, moved to
strike out "and attorneys for the Common
wealth." Agreed to.
Mr. Jacobs proposed to add after the
words duly qualified" 'The attorneys
of the Commonwealth chosen and COM
missioncd for the counties, shall be attor-
neys for the Commonwealth in the Circuit
| Courts"
MIR. Ferguson proposed to substitute
the following: "The attorneys for the
Commonwealth of each circuit shall be e.
lected by the qualified voters thereof for
the term years" Disagreed to.
The question recurring upon Mr.. ia
cob's amendment, it was disagreed to
Mr.. Scott, of Richmond City, moved to
strike out seven" and insert six" Agreed
| to.
On motion, the committee rose.
Mr.. Strother made the following report
from the committee appointed to make ar
engagements for the reception of the Prcsi-
dent of the United States:
"The committee appointed to invite the
Convention, and 10 make arrangements for
his reception, have discharged that duty,
and have the pleasure to report that the
President has accepted it.
L Mrhn E,llou.inrx l. tho or.lar a ,rra,,.,..,-