Sir, I have now performed the duty I had pro-
posed, so far as my own views of this subject are
concerned. In conclusion I propose to offer those
of one, whose sound intellect, whose ripe judg-
ment, whose great experience and profound wis-
dom, entitle his opinions to infinitely more atten-
tion than any I could offer. The accomplished
and eloquent author of the eulogy from which I
read-the distinguished Horace Binney, de-
clares:-"These sentiments are worthy of the
profoundest consideration. They were the last
legacy of his political wisdom, from an incorrup-
tible patriot, and one of the wisest of men.
Standing as it were on the verge of life, free from
all mixture and stain of selfish motive, having
nothing to hope, nothing to fear from men, they
are the parting testimony of his pure and discip-
lined reason. They are worthy of being written
on the tables of the heart; and if elsewhere,
they must be disregarded in the spirit of change,
on in the lust of experiment, let them animate us
to preserve what we have, and to transmit it to
our children." Such is the character of the last
counsel given to the assembled rulers of the land
of his birth, his home, his affections: of the land
in which he was soon t close his long and useful
life. And here are the words he uttered, "with
the fervor and almost with the authority of an
Apostle"-the works of CHIEF JUSTICE MAR-
SHALL:-
"The argument, of the gentleman (he said) goes
to prove not only that there is no such thing as
judicial independence, but that there ought to be
no such thing—that it is unwise and improvi-
dent to make the tenure of the judge's office to
continue during good behavior. I have grown
old in the opinion that there is nothing more
dear to Virginia, or ought to be more dear to her
statesmen, and that the best interests of our
country are secured by it. Advert, sir, to the
duties of a judge. He has to pass between the
government and the man whom that government
is prosecuting, between the roost powerful indi-
vidual in the community, and the poorest and
most unpopular. It is of the last importance,
that in the performance of these duties he should
observe the utmost fairness. Need I press the
the necessity of this? Does not every man feel
that his own personal security, and the security
of his property, depends upon that fairness. The
judicial department comes home in its effects to
every man's fire-side—it passes on his property,
his reputation, his life, his all. Is it not to the
last degree important, that be should be render-
ed perfectly and completely independent, with
nothing to control him but God and his con-
science." "I acknowledge that in my judgment
the whole good which may grow out: of this Convention, be
it what it may will never compensate
tor the evil of changing the judicial tenure of
office.' 'I have always thought from my earliest
youth till now, that the greatest scourge an an-
gry heaven ever inflicted upon an ungrateful and
a sinning people, was an ignorant, a corrupt, or
a dependant judiciary."'
in the language of this venerated man, I unite |
most devoutly, in the prayer to a merciful God,
to spare us from that "greatest scourge an angry
heaven ever inflicted upon an ungrateful and a
sinning people."
The Convention then adjourned until to-mor-
row morning at 9 o'clock.
FRIDAY, April 18, 1851.
The Convention met at nine o'clock.
Prayer was made by the Rev. Mr. GRIF-
FITH.
The roll was called,
And a quorum being present,
The journal of yesterday was read.
Mr. BISER said, he had yesterday given notice
that he would to-day move to re-consider the
vote of the Convention upon the proviso submit-
ted by Mr. BRENT, of Baltimore city, on the 9th
instant, to the forty-third section of the report of
the committee on the Legislative department of
the government. He found that many gentle-
men were absent, and as he desired to have afull
vote, he would not press the motion to-day. He
gave notice, therefore, that he would call it up
on Tuesday next.
Mr. THOMAS suggested that the motion should
be made now, and that its consideration should
be postponed.
Mr. BISER said he had no objection.
Mr. DAVIS remarked that some friends
were absent who desired to vote on this
proposition. He was sure that the gentleman,
(Mr. Biser,) was too generous to desire the ques-
tion to be taken before their return. And he
(Mr. D.,) suggested Thursday next.
Mr. BISER, acquiescing, said that he would call .
the motion up on that day.
On motion of Mr. STEWART, of Caroline, it
was
Ordered, That it be entered upon the journal
that the absence of Mr. CARTER, from the Con-
vention, is occasioned by the illness of a member
of his family.
THE PENDING DEBATE.
Mr. ANNAN submitted the following order:
Ordered, That the general debate on the re-
port of the judiciary committee, shall terminate
on Wednesday next at one o'clock, when each
amendment then pending, and every amendment
thereto that may afterwards be offered, shall be
passed upon without further discussion, other
than such explanatory remarks, not extending
beyond ten minutes, as the member who has of-
fered or may offer such amendments respectively
may desire to make.
The order having been read
A debate of considerable length followed, [the
main points of which were as follows :]
Mr. BOWIE hoped, he said, that the order would
not be adopted. He did not see the necessity at
present, of fixing any day for the the termina- |
