The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-01-07

would be BIASED. He then took up the
House Journal, and showed that Mr..
Henry was "the father and the godfather
OF the resolution inquiring into the tenure
of judges elected to iii vacancies" He
showed that Mr. Henry introduced the
resolution, agreed TO the committee report,
moved its second reading, got two thirds
OF the members Of the House "to violate
It's rules" by giving II third reading the
same day. He would like to know what
had opened Mr.. Henry's eyes. Certainly,
IL Mr. Henry could change on this ques-
tion, he could.
Judge Lacy went on to ask where would
you find a circuit judge, where would you
find lawyer, who had not read or discuss
ed more or less this very question Had
he felt that his mind was not free to do
Justice he would have retired without
waiting for suggestion.
Judge Fauntleroy said this whole matter
was surprise to him. II this theory Is
to prevail, why, no judge will be able to
sit on questions OF policy that have been the
subject OF public dissertation. He declared
that his action a. a member Of the House
would not prevent him doing full justice
here; that both gentlemen [claimants]
stood before him In equal regard. But this
Is not case between parties in interest-it
Is question touching the organization OF
the Government and OF public policy. In
conclusion, Judge FauntlerOy stated that
he "voted TO discard the notion"
Judge Richardson briefly said that he
generally had opinions on public questions,
and was not slow TO pronounce them; but
he had formed no judicial opinion here, and
did not think any Judge ought to be dis
qualified from sitting because as member
OF the General Assembly he had considered
q question.
Judge Lewis announced that the motion
was rejected.
MR.. HENRY.
Mr.. Henry said that his Honor Judge
Lacyl was entirely correct in saying that
he had agreed with him in the report made
on this question to the House OF Delegates.
As TO the Inconsistency OF his Mr.. Henry's]
position he was not so ready to concur
with Judge Lacy. 1t had always been held
so far as Mr.. Henry had ever heard that 1t
was the duty OF retained counsel TO make
the best appearance possible for their client.
But, notwithstanding. Mr.. Henry assured
the court that he should not have been here
ms counsel had not his mind undergone 4
change on this subject.
His mind was changed by the opinion OF
this court in er parte Meredith.
After disposing OF this matter Mr.. Hen
ry, replying TO some Of the remarks OF the
Attorney General. said that this paper was
meant to be entirely respectful to the court,
and that they should be sorry to have It
considered as otherwise.
Judge Fauntleroy: 1t has not been so
apprehended.
Mr.. Henry am glad to hear it.
Judge Lacy said that it gave him 10 OF
fence; that he considered it the duty OF
counsel to his client to suggest to the Judge
where he saw any impropriety in his sit.
ting. For his part he had never hesitated
to do il, ard did not expect that Mr.. Henry
would ever hesitate to do it.
Mr.. Henry said thev bowed to the de-
eision OF the Court, satisfied from what the
Court had said that they would have fair
trial.
Here this branch Of the question ended,
and after some conference the argument
on the merits OF the case was commenced.
The Acknowledgement said that he had
to appear before the Supreme Court OF Ap-
peals at Washington tomorrow lin the
coupon-killer easel. and 1t was therefore
cheerfully agreed that he should speak
first
Mr.. Blair then addressed the court, and
only closed ut the hour Of adjourment
Mr. James Alfred Jones, who is OF coun-
sci for Judge Burks, was too unwell to
come ont in the bad weather OF yesterday.
lie may possibly be we'll enough to come
ont tomorrow.
During the decision OF the preliminary
question Judge Fauntleroy alluded to the
fact that in the legal-tender case, Mr..
Chase, as Chief Justice. reversed himself
as Secretary of the Treasury.