Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-02-28

tween the extreme VeTgcS.
The amendment was rejected.
Mr.. YorNG.-I may be permitted to suggest
with regard to the officers enumerated in the
10Th section cnroners, constables surveyors.
g., who ara to be appointed BY the county
courts-that nothing is said about the terms Of
these officers. Tho term is prescribed hy the
organic law with regard to every other oficor.
We have prescribed the term Of Office. or in
some waS designated how it shall be prescribed,
Of judges, of shcrifE*, &C. Why, then, should
sc omit prescribing, with reference 10 coro-
Hers, coasts5les, surveyors, commissioners OF
TIC revenue snG cSerseers OF the poor? can
see no re2son why We should, ard therefore
otfer tie following amendment, 10 come in 1t
tho END Of The section "aad tho terms Of
their officers shall 10 prescribed 5y The Gene
raj Acsernbirn
Mr. ScorT, Of Esuquier.-My ides is, tia.
unless :he term Of o&cc is axed By the organic
Law, it results necessarily that it deyolves on
the Legislature 10 prescribe it. Il is tho duty
# the Convention to FIX in the Constitution
.A:e term OF ctiice of important oTTcers, leaving
to the Legislature tho duty Of fixing it ir
minor offices. Thst was the view Of the
COMMITTEE
] do not gee eny necessity for the amend
menr proposed by the gentleman. If the secs
ton stands as it has como frouI the committee,
the Legislature CAD, from time 10 time, pre-
scribe the terms Of Office Of shese d!ffsren. Of
hcers.
The amendment wss adopted
Mr. RANDOLPH, OF RiehmonG.-i desire &c
offer an snerdmen: to the 22nd section.
TIE o6ice CT sherifs IS SL.te ofacs an6
think It improper to permit corporation
co1:: I, nominate Stats officer l am of
opinion that It would be better to leave tho
powcr 10 he hands .: the State court of the
city. Tie judge aas sa interest il getting q
good oGlcsr md moreover the sheriff Is the
collector CT a large amour: Of State revenue !;
aSa it is eSun !E that 7ioT more appropriate
thst he should be nouiaated by = Judge OF
the circuit court than CT the corporation
court.
therefore move 70 amend the 22d section,
hY striking cut the word SHERIFF" in the 9th
lice, and insert, after the words Corporation
coi,-:c," .he following:
''Shsr!Hs, il .hay ac. az TIE officers of the
~, 2a-atica courts. shE1! bs aominsted By such
courts; otherwise they shall DO nominated by
the circuit court Of the city Or town iu which
they set, and shsl il either case be commits
stoned hg the Governor"
Mr.. Lei move to amend ths 9th section
By asserting afte, the word districts" in the
fourth liue, the following: 'and be at the time
Of their election qualified voters Of the Com
nous?eaith," SO that that part Of tho section.
If aE1eodea, will resd "Fn each district four
Justices Of tao peace shall be chosen by the
qualified voters thereof, who shall be comms
stoac b5 tia Governor, reside in their respcc.
tive disrrcts, and be at the time Of their elec-
ton cualins:: voters oi the Commonwealth.
presume thu. the same restriction
stici is placed upon members Of the
Gerers' Assembly. should hs PLACED upon jus
!icss of the pesca
The amendment was adonted
NJ. BaooSs--I Eovo to reconsider the vote
substituting the word ''insy," in the 10th sec
sion, which provides for the payment of JUS
tees. inr the word 'shsil" Tho section nov
reads:
The jas,iecs nsy receive for their services
IN co;:.t ger diem compensation to be ascer
taiHed b7 law, &C" :...
My o'jec: in making that motion is 70 re-.
s:a-e The wori "shail" nnprshend that
this Convention hss decided, By the insertion
o. tais section in the Constitution, that tho
principle OF paying justices Is proper pEinci-
pie, a1A that liz Ges sguatinsa per diem coE1.
pcnssticn, il has, in effect, expressed the opin-
len ta.t :hat is the best form in which the
justices should be paid sum equivalent to
their expenses il attending court II the
Convention believe that to be the best princi-
pie, why should tho question be left open for
the Legislature hereafter? ? As this section
aow resds, there Is no injunction upon the
legislature pregeating them from paying
JUSTICES in any ether mode for services Of this
sort. They arn invested here with power to
pay per diem compensation; bu! l 60 not
understand shat that would exclude the power
frcp liza Legislature TO pay them for their
so.-iC.s IT, court in different !oTrc. There is
no restriction upon the pc~e: Of the Legis!:.
tnra in this regard.
think j. ls better that th!a secticn shoulG
bs express ana explicit, snd that the Convex
t.DE shopld say, in q positive !uani!er; wat i
expressed its opinion already ought TO be
dons With that vic~, mrTs reccnsidera-
.ion If the Tote; substituting may" tor
shaIi' il the tnnth section
Mr. BLAEEY.-I trust tie Conven ton will
no. reconsider that vote, because, whilst it
may DC tho opinion of this Convention, with
the lieLts now before them, that per daem
compensation ought TO hs paid; yet do not
think that 1t is proper or w,se for this ConVen-
ton t. insert Ell Of their opinions il the fun
dsrental Law. It may be that ar expcris2cc
OF i've OF ten years might satisfy even the
members g this ConTsation that per diem
ccI1 psasatioa is not the best mode of paying
Justices; and we ought to con6de something
70 the wisdom of ths Legislature OF the land.
which shall be Eatursd and r;pened by the
experience os tho couo!ry.
/ ;herefors hope tbs Oap7en.ion vii! nc!
reconsider tia! ro!a. -.,.
Hr. YouNe.-I must apologize to the Con-
7er:t;on ;or troubling it SC Often this eve
ming. 80.
| do hops i. 9iit be the pleasure Of the Con.
Yentior 20 strike out tho word ''may," and
restore tho word "shal," which WAS originally
IN thu sra.ior cs il came FROM the committee.
I think ii there be anything decided by the
Deliberations Of thi. bcdJ upon this question
Of Jrs,icee, it was that they should be paid.
Upon Two OF three distinct votes, the majority
stood as aboriy eight or ten to seventy, or
eighty against the proposition Of my friend
from Gloucester, (&r. ssAwELL, y which was
thu. Justices should receive no compensation,
and another proposition, submitted by some
ether gentleman, upon this question; proViolng
for the payment alone Of the presiding Jus
tics. Upon both Of these questions the voice
of tie Convention was neatly unanimous IN
the negative.
Ifthat be So, Is it nc! proper that the Con
T.nsion ehould adhere to their opinion bJ
e,nboiying tir tho organic law? Is it not
better to Do Sc, than to turn that question
over To the Genera! Assembly to be question
Of perpetual sgitat;onS Now in respect to
judges, VS. have provided in this Constitution
that their salaries shall not be diminished 90,
low a certain m:n!&un, which We have Fixed.
This was necessary pr4csutiou in order to
pcotec. the judiciary against any legislative
or popular movement likely to etnbarass them
IN shi7 reapsct,
think ,heso justices ought TO be se we'll
protected against agitation, I trust sir, that
I