Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-08

triouteo the 1act that he did to his own obtuse
ness; but he did not; and he explained his views
which are that the Legislature by the omission of tbe
word "tho, was put in situation in which they mus,
build up the system anew He feared thut the Lepisla
t9re might go beyond the pruning down excresencies
he wished to reform the SYSTEM and to leave it in
the discretion OF the Legislature do so but he was
not willing to overthrow The system; all pre- exstipn
legislation IN reference to this subject abrogatcd by
the omission of the word. He could notSsee the
question in the same light with the gentleman from
Richmond, or he would withdraw the proposition.
MI Leigh SAID he rose to say gust tn the venera
bic gentleman from Richmond, that the word "the
was of great Importance. He said that the omission
OF the word leaves it to the Legislature to constitute
system composed Of pe,tifggers, and of men in
whnm no one wished the system to be reposed But
the danger is obviated in great degree BY the a.
mendments moved by the genil. man from Richmond
tins morning He said the feeling Of the Legislative
COMMITTEE was to preserve the system, and only to
leave It To be resumed at the discretion and wisdom
OF the Legislature as they might deem modification
OF the system, as to jurisdiction necessary.
II the motion for reconsideration should not prevail
county courts to be held by justices will be presrrvcd
butth county court system will be abolished. There
is not STATUTE in that case, connected with the po-
Ice of this state, which must not be re-eyainned-
1t will of necessity be led to such changes that years
OF legislation must eapsc before shall be able
replace our code IN the situation which ii now
stands. The Legislature will be required TO enact
all statutes anew. But suppose this should not be
the eect-suppose the danger and alarms ore all un-
founded, what part ought The gentleman from Rich
Tnond to take! He told us yesterday the striking out
would do no harm. If such was his opinion, he would
perhaps SD far defer the wishes of those who
thought differently, as to restore TO them the word
Mr.. HENDERSON rose to explain that he had not at
tributed ignorance to the magistrates Of his county,
The gentleman from Charlotte had imputed to him
want of dignity He perhaps was liable to want of
trainings but whenever he wished to improve himself
in the matter of dignity, after the specimen given by
the gentleman from Charlotte to-day, he would have
to go to some other model when he wished to improve
his manners
~ L., -.
Of his vote yesterday. 1t was not county court
such would be credited by the legislature that he
felt all respect but it to the county system
have had it for more than half a century that
he felt and intended to express his attachment. 1t
that county court which is formed by Justices of
the peace, thut which made appointments, and thus
participated so greatly in the Executive department
He thought by retaining the word The" we more
expressly and explicitly designate the system which
he did approve. 1t could be that the Legislature
would be cll d to build up anew the system; be-
cause the next sentence shows :iutr is the iuris;c
tion OF to- Iuurts Which the Legislature hos to re-
guiate. lie wished it to be shown by the phraseolo
gy that it the county which he wished to
retain. He had therefore determined to retrace the
step lie had taken yesterday.
Phe question of reconsideration then put aud
carried IN the affirmative.-Ayes 53--noes Al.
Mr., UPsHuB sa;d he had voted for the reconsidera-
ton because nc thought every member should hove
the right Reconsideration but he would to
reinsa'e the pirtice. He thought that should
have not only county courts, but the county
with all the system. The wish to strike out ''the,"
from the wish that should change the mode of
appointing justices of the peace. He could not say
what mode he should support. He had been obser-
yer Of these courts; and he thought gentlemen had
gone too far on both sides, in their euogies and
demaaion, lie would give to gentlemen oppor-
tunity of changing the mode Of appointment of the
justices.
Ifgentemen would present to him a better mode,
he would take IT.. If net, he would not abandon the
present n'".c. The only object he had in view, iii
striking out the particle the to leave it at
power to regulate the mode Of appointment. We
have determined by striking out the Noyss "the, that
the Judicial power shall be vested in Comfy Courts.
The Justices Of these Courts, it will be for US in
Constitutional provision to provide for the election
Of. Let those who think there may be better mode Of
appointment, have an opportunity TO present thor
schemes. Should not adopt any mode,
have, at the last moment, the power of reinstatpg
the word "tbe." He gathered from the arguments
OF gentlemen that If we adopt the resolution now,
With the word "the" we shall take final vote,
which establishes the County Court system Just
it is and puts it Of our power 10 adopt any rnodi
fcation. Wehave now Justices of Peace and Coun-
ty Courts they viii still fntain their names, and their
authority will not be changed We may make the
Courts exactly peculiar to those which they In
tended to substitute He reported that the adoption
ofthe word ''the" il the opinions OF many precudes
the possbilI y of any change, while if we leave it
out now, ut any moment reinsert it. 1t
you'd be better, in the minds of many, to give up
the whole advantages Of the system rather than sub
nit any longer to the present mode OF appointment
tie was not one OF those, but he wished TO give an
opportunity to gentlemen to- present any other
scheme disappointment which they think will work
better. lie did not think that any better plan would
be offered; he did not think any practical Improvement
could be suggested; and then the system will Eeman
as 1t Is at present.
Tue CHAIR suggested that the mode of appoint
ment could be changed by amendment Of the fifth
resolu ion.
Mr. UPsuUR then asked what is the use ofretain-
lug the particle 'the!"
1Ir JOHNSON said the reins atement Of the particle
cannot in any way change preclude any future
deliberations on the subject. When the fifth reso-
ton should come up, suPPosing the present resolu-
ton to be left in any shape you please it would be
competent to gentlemen TO make any change in the
mode of appointment. He asked What is the Coun-
ty Court system desirous to retain? II is not
the system of any other government but the system
of Virginia. The resolution does not say that VIC
must rniain Il preciselv il now 10 IEvnn Admit