The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-26

would vote for the revolutionary measure
proposed In the Taylor resolution. This
Mr.. Eskridge replied was violent pre-
sumption. Yes, said Mr. Lybrook, ii i
such violent presumption that II amounts
almost to n fact"
| Roll-call. Mr.. Fauntleroy elected.
LuSsFoRD l.. LEWIS, ESQ.
Nr. Riddlebergcr nominated L. /. Lewis,
saying OF him that he j. man Sin the
pride and yigor Of life, q bachelor OF law Of
the University of Virginia, trained law
yer" and such was the popular apprecia-
tion OF his worth that, almost stranger in
the county Of Culpeper, he was twice
elected Commonwealth attorney, and is
now serving his third term as United States
District attorney for the Eastern District Of
Virginia.
Mr.. Heaton said: Mr.. President,-I
arise for the purpose Of placing IN nomina-
ton for Judge OF the Supreme Court OF
Appeals the name Of the Hon. James
Keith, Of Fauquier county, in the place Of
Hon. II. l.. {. Moncure. Twelve years
ago Judge Keith, then young man, COM
paratiyely unknown, was elected Judge Of
the Eleventh circuit, which position he has
ever since filled with great credit to him
self and universal satisfaction TO the pee
pie. His youth was thought al objection,
and it was feared that the duties OF
so important an Office had been en-
trusted TO one too inexperienced.
Such apprehensions were soon dispelled
and no man in the State now stands higher
As Judge learned In the law no man was
his superior. Something besides mere
technical knowledge OF law is necessary TO
constitute good iudgc-sOund discretion
in the application Of theoretical principles,
calm consideration OF facts, quick appre-
hension OF ideas, patient hearing, and,
higher and above all, honesty and strict
integrity OF purpose. OF whatever shade
Of political opinion, high or low degree OF
station III life, all feel that their rights may
be safely entrusted TO his care, satisfied
that justice will be done though the heay-
ems fall. need say no more.
Mr.. LOyCnSteln warmly seconded the
nomination Of Judge Keith. whom he had
known as a member OF the House Of Dele
gates. At the same time he bore willing
testimony TO the high character and attain
mcnts Of Mr.. Lewis, and OF the fairness
and imparliality with which he had dis
charged his duties here as District at
tOrncy.
The vote resulted rs usual.
CHRISTIAN-LACY.
Mr.. Glasgow nominated Judge Joseph
Christian, making no lengthy speech, but
referring 10 the Judge as 10 character and
abilities in terms Of admiration and respect.
Mr.. Norton (coloreD nominated jude
b. W. Lacy.
Vote: Usual result.
DRURY A. HINTON.
Mr.. Wilcox nominated Captain Drury
4. Hinton 10 succeed Judge Burks: Mr..
stevens lcolored) seconded the nomination.
.Gr. LOyen,tein in the chair.
Mr.. Hcaton said that with due reverence
to the Supreme Court he should decline TO
vote on this question. He did not recog-
nize that there would be- a vacancy in the
seat OF Judge Burks on the lst OF January,
1883.
Mr.. Koiner spoke briefly. taking sub
stantially the same position. In his opin-
ion there was no vacancy.
The roll was called.
The Democrats did not vote. After
some delay the necessary II votes Ito make
quorum) were gotten for Hinton. Some
ReadjuStcr senators who we've paired of
NOlQ lOl I1AikUlY wv ffillDAiiAN hNt 'bi-
Sidering in this particular instance that
there was any violation OF honor in SO
doing.
Nlr. Hurt asked TO Lave it recorded that
he was present and not voting. Agreed TO-.
PERSONAL.
I'm all Of these votes Nessr-. Hale, viii
liams, and Ncwberry. late members Of " the
Big Four" voted for the caucus nominees.
Mr.. Wirgiield OF Hanover voted for Sta
pies and for Lewis. Mr.. Lybrook voted
for STAPLES only. He would not vote for
the caucus nominees. supposing them COM
mitted 10 the revolutionary Taylor res
olution.
TIE RESULT.
Messrs. MAYO and Ecaton, from the joint
committee appointed to count the vote, re-
ported, substantially, all the R,ddiustcT
candidates elected. In the Staples ease the
vote was ~ folows-in all the others eX-
cept Hinton the vote was about the same t:
81
SAples.......... II
whole number cast.................... lO2
Necessary 10 a choice. 80
PROTEST.
Mr.. Hurt offered the following, 10 20 on
record
We decline 10 vote i'm the matter OF cleo
tion for successor to Judge J.. {. Burk>,
because we do not believe that the time haS
arrived for electing his successor-the Su-
preme Court having so held-and we re-
spectfully enter this protest against the
election Of his successor.
JOHN l.. HURT,
ABsALoA h0INER,
TAYLOR BERRY.
W. y. GLASGOW,
.JoHS II. LOWELL,
FRANK FLETCHER,
4. NJ. LYBROOK,
WILLIAM LOyENsTEIN,
PAUL c. EDNUNps,
HENRY HRAIoS.
Mr.. Riddlcherger objected TO the protest
going on the journal.
The Chair Mr.. Wood ruled the protest
not In order, because 10 senator signing II
alleges that he il aggrieyed, and this the
Chair held TO be the true intent OF Senate
Rule No. 40. The paper presented raises
question rs 10 the consti,u,ionaiity ofthe
action OF the House. and Barclays Digest,
D. lsS, by which the Senate rules are con-
strued. distinctly says:
at is not matter OF right and parla-
mentary privilege TO have received and en-
tered upon the journal protest II mem-
bers against the action OF the House.
"The decision OF the Chair is subject to
appeal" =.
Mr. Koiner appealed and desired to dis
Gus, the question, but the Chair ruled that
the question was not debatable.
Mr.. Riddleberger moved that the Senate
adjourn. Agreed 10 at 3:i5.
In nominating their candidates for Court
OF Appeals the RcSdiuster senators were
very particular 10 make il appear that Rich
ard.on was 10 succeed Staples. Fauntleroy
Anderson. Lewis Moncure, Lacy Chris
tian. and Hinton Burks. Doubtless il will