Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-03-04

/ hf. TlShEA--i move 10 SLllhe out vi tbat SSS
tion The following wordi, beginning with the
word until in tho second line and ending viii
The word 'and' in he third line "untl The c Z
p!ratioa cf their respective terms Of service
and" SO that that part oftho section, il thest
words DO stricken out, will read:
''All persons who shall DO in otIico whom
this amended Constitution is adopted, shall
continue in office until their SUCCESSORS arc
qualified, unless scnnc: removed pursuant tc
law"
NJ object is to get clear Of disloyal judges
withuu: their being brought bsfore the Gen
cral Assembly. The Convention Of '29-'30
required all tbs oiiccrs to 90 out AZ soon as
their successors qualified, and so did the Con
vention Of 1850. Why We should 60 tc
the expense of an examination before the Le-
gislature, is wholly unaccountsble to mo.
know :hst, SO far as the judges are concerned,
they ale ia favor of this.
Mr. ScoTG, Of Fauquicr. Of the features
pi this schedule, which rect mmends it most
strongly to ule, is that which provides for the
placeSf the present order of things, withou!
disturbance OF any character. II, by theopera,
tion Of the amended Constitution, those who
ara now in Office nre to be turned out Of ot1cc,
think we might incur the danger Of exciting
very considerable hostility to it According
TO this section CT the schedule, every person
noT in office, whether elected by the qualified
voters Of the Commonwealth, or appointed in
the manner prescribed by law, will continue
to serve out his Term; and bis successor will
be appointed under tho provisions Of the
aneadea Constitution.
Now sir, If there is an incumbent in Office
in this State who IL disloyal to the Common
wealth, the law and the. Constitution points
oilt Ike mode for bis removal. Ii it be judge,
The Legislature can remove him. The gentlo-
ulan proposes 10 invoke the action of the Legis-
Iature to remove from cfice ajudge charged
with disl0yalty, in f. manner different from
tra! whicG !ha present Constitution prescribes.
He proposes to relieve the Legislature from
the necessity OF that formal inquiry into the
mat.sr-that fair trial according to the Con-
stitution and laws that judge accused is en-
tit!el 10 have.
ohjec. to the amendment i5r that reason.
II man upon the bench is disloyal, charge
a;m with tue offence, charge him with it in
ito manner prescribed by law, try him for the
cT:,ce, ana visit the penalty upon his head
do rot wish 10 provide any short cuts.
.h.nh ;he provisions q! the present Consttu-
,jcn @rs abundant They put it in the power
o: he constituted authorities to purge the
berch oi uulai.hIul servants. But every man
accused Of crimn or offence is entitled to o
hearing. TIE Constitution gives him that
hearing. This schedule does not deprive him
of it With the amendment proposed by the
sentlcman from Northampton, s change would
or oueratst il. this particular. The terms OF
the Constitution would be Set at naught; a
fair trial would 90 denied 10 the person charged,
and it may be that the penalty due to crime
might be visited upon the head Of an innocent
MAJ.
Ii the gentleman has in his mind any judge
@ham he thinks is untrue to his trust, and
1lsioyal to the Common wealth, let him proceed
70 try the question in the manner provided 5y
the Constitution. The tribunal is st hand
,hs court il sittng-givo the man trial.
Mr.. FsHEa--l would like to ask If nv
amendment proposes to do anything more
than was done in 1929 80?
NJ. Sco-T-The Constitution Of go go
turned ell! the judges out without any allega-
gation Of offence. But tina! is not the pur.
pose OF the gentleman from Northampton,
DIR F1sHER) His amendment will not have
The effect Of turning out OF Office all persons |;
batil will have the effect ofautborizing the Leg.
islature, By Tie appointment Of 8 successor, to
accomplish that end. They may take Judge
4, aud appoint his successor. They may
leave Judge 3 il cdice, and so with Judge G,
and Judge D, to the end of the alphabet.
Let US deal even handed justice. II we
mean to remove che Judge, rsm"vc oil. Ii
30 mean to remove o0o set Of officers, remove
all, and have an election. Our purpose
was to avoid that evil; to escape that
excitement and as:Lasicr which such h
change would unqucstionsp!y produce
Our purpose was to let the new Con-
s:i.,l.ioa come In the place Of the present
Constitution evenly and smoothly. This
schedule, | ap sure, accomplshes that pur-
pose. According to its terms, every man who
is in Office, can claim to exercise the duties Of
his Office until his tarm Of Office expires He
cannot complain OF that arrangement He
will hU n enemy to the Constitution as it is
now amended. But let it be understood that
every officer in the Commonwealth is to be
removed, and you excite every Judge through.
out The Commonwealth in opposition to these
amendments.
Mr.. BArLoa.-I call the previous question.
Mr.. WooDs.-l rise to q point Of order. |
understand thnt . gentleman before making o
molten is required to rise from his seat
The PEEsIDEs7.-A gentleman may rise not
only from his own seat, but any other seat.
override the point of order.
The call for the previous question was sus-
tained, and the main question ordered to be
put, which was upon the amendment offered
by Mr. FISHER
Mr.. Turner, of Jackson.-I csl tho yeas
aud nays upna the amendment.
The call was sustained, and the question
being pu%, rcsulted-yeas 8, nays 81, as fol-
lows:
IsAs-Messrs. Amber, Fhher Morgan, Pickett, Franklin
NArs-Sessrs Montague, CPresident,) Barbour Baylor,
Berlin, Bakey Bouldn, Boyd, Branch BEaTner Brooke,
Bruce, Byrns, Campbell oapertou Garter, Chambers,
man. Duany frercb, Pugate, Garland, Garrett Gravey
Gray, GogBn, Gooie Htndrcn, Heck JAnney Kent Kilby
Kindred, Lee Mcneil! Msctar and J. W. Marshall James
Marsba Maslin MoGett Norris Nelson Osburn Preston
Price, Prgh, George ". Randolph, r. j.. Sc,t, Seawe,
Sharp Sheney, S!nEon Speed sPrroct Stuart Strange
Tsyoe, Thornton, Robert H. Turner, White, Whitfield
YoIhg-G1.
No quorum voting.
Mr.. FlsHER.-I would suggest that the psr
diem Of any gentleman refusing to vote be with
held
Mr. SrrARr.-I think it is fully competent
for Us 10 invoke the aid of tho sergeant.st-arn
to coup"l the attendance Of member al their
seats.
Mr. HAYaoSp.-I would suggest that before
that is done, there n ust be call Of the HOUSE.
TIE PREslDEST.-That is the routine.
Mr. SPEED.--i Save some experience in calls
ostnc House, and find that they effect moth.
in:.
poye sc adjourn.
AR GAgsErr.-I desire to ass question be-
fore the motion is put,
understand that sections Of the schedule
have already been voted upon. Are they
finally adoptsds
The PREsIDEST.-Iss, sir.
The question was then taIisn by syss and
noes on the motion to adjourn, and resulted
ayes 81, noes 45.
So the Convection refused 70 adjourn.