Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-05

auoI, lie Understood there was probability that
the House would be full tomorrow and 20 allow cen
tlcnen time for reflection, he would move tbn, Tho
Committee rise: ~
The question was put and carried in the Incentive
Ayes S6-NOrs ti3.
Mr.. HcNDERSoN then eyprrsscd his zorro, ,,. !,
was forced to enter upon the discussion at this mo-
inent but he would detan the Committee but for
snort time. In moving to strike the words land
the county courts, he minated that he would su,r
gest some uiodihcaion TO introduce the words
t"Justiccs of the Peace" A question had bcnn mt
why 40 yon retain the Court of Appeals? lie was a
Tie surprised at the question. We must have con-
s'lil'iloai court TO settle important questions Ue
asked how these questions could be- settled without
competent tribunal. Gentlemen saw the county
courts should be constitutional that thew are of i'm
por'ance and so the Courts Of Chancerv Tie Con
efai Court d the Circuit Court, g. he asked whether
they were not to receive constitutional
wen as the county courts? II difficult course
30 these courts and to leave out those winch he
mad named. Tie gentleman at the head of tho In
dietary system, seemed to lave taken IN incorroc,
view OF ti'a question, when he treated il as one re.
sPNc,i'S the aoeltion OF the county courts. Some
gentlemen desire t6abolish others to give consttu
oha cousccraont to these courts With his
OF OPINION 1t was proposed TO commit the suhect to
The decision OF the Legislature whose tisposition to
40 righs' we have no reason to doubt 1.-THE county
courts are great and growing evils, and likely to be-
come iiocrabic the gentlemen the other side are
disposed to fetter intoerabe evil or to rom
uer IL necessary to call another Convention On
one SIDE II is proposed to leave the question to those
country We are told the county courts are very
wise, and that we should not abolish them As to
tclr wisdom. Is 1t wonderful that man should know
his trade? THESE Cisrates do not know o,,y tb;ro
OF law and equity, vet we call OIL them to decide on
question OF law anC equity. Ifyou 90 for pair of
pools would you go to who had not spent an
iour IN the shop OF a boot maker Yet YOU here 90
Tor decisions III law and equity. to those who know
nothing OF either There is not n case in hundred
winch ever comes to the Court Of Appeals How do
we Know that the Court of Appeals is right? If
nnowledge ct law and equity is not necessary, who
hnows but II an appeal were made trc;r, the Court of
appeals TO the I. >. Supreme Court, the Supreme
court would reverse The decision of the Court of An
penis, and decide that the County Court decisions
are right! II the argument that the higher YOU rise
the more correct are the decisions where are we to
stop 1t was he first time he had ever heard that
inc less man knows, the more able he is to perform
S dtty. Ii be necessary to give the greater use
iuincss, why not take them and put them on the
Dcnch with the Judges of the Court of Appcas 10
learn them their duty? If they are So very wise
they should be taken from the low and limited sphere
Where they now act. Let them be ia ken into hpb
or sphere. lfthcy nave the strongest sense of com
w. because they have least knowledge of law the
greater mans knowledge of laws the more he quail
mes himself for the character Oft learned bockfead
Inc gentleman from Chesterfield, told us one of
his Children was sick. Did he call in a LAWYER y
shoemaker, or physicians, He did not doubt that he
called IN the most able physician he could find when
heSe thlnS come home to our families and 6rcsidcs
II Is then we cannot deceive ourselves These coun
ity courts useful rs schools of law He ,hourb
ha' Jnrles were better schools As the Justices are
now SO WISE any farther learning would be unneces-
sary. lie asked where we to look for orr law
yefs 1t the lawyers compelled practice in courts
where there is no knowle ige of law? One gentle
man had spoken of the admirable effect of these
courts in circulainnr political knowledra IT, ia
heard OF this before. and he would ask how nnI,;i
knowledge was circulated by these courtsp He he
IleYc1 that they learned of the art of drnkno
Wh'skey, than of political science; and he thought
they would be better Logged at home IF Won de-
sire to give knowledge, let be done by public schools
lie knew that there or eat difference of ou,ion
as TO the operation of this system. Some gentlemen
te! us that III some parts the courts work well He
Gnew also that they were charged with WORKING III.
! lie stated that he knew Of the great deay and ey
pense Of bringing suits before these tribunals and re
lPeatcd That he rather recommended his clients in
small cas- s, to submit to the first loss rather than
encounter the risk and aud DELAY of suits no
cause the magistrates irregular i'm their atten
canoe. He said that while this was the fact in the
county III which he lived, he knew that in ol-
CT counties, gentlemen were very regular in their at
tendance to administer justice. In his county, the
magistrates were in situation in which thew were
compelled to follow other business. As an orphan
court, ne thought these Courts were very inefficient
and oPpressve and they protect orphans as the wolf
does the lamb.
When the people have controversies of this kind.
they are compelled to obtain Justice if they obtain il
at all, at monstrous cost of time and money He
quoted i fact. a friend Of his had an estate in Ma
FyIand He went with him TO the orphans conrt RI
e"dcavour To eoDsnmmate the business. At the Sc
CONC V'sic lie made, the guardian displaced for
maTcrsatIon, and the orphans property was secured
ana til" guardian ordered to be sued on his bond
Ihis was the way III which justice was done in Mary
land
Our county court will not do business, 6, we have no
superior court therefore he could not draw that com
Darison W ach the gentleman from Orange had done
Ihey had no superior court as their Judge had been
disabled, and they had to borrow Judges They had
borrowed the gentleman from Orange once and he
acted very efficiently. He saiu thew ALWAYS com,
monced their suits in the superior court because we
could not get the Judges to attend. He had known
man who had to attend court: he came by the pro
cess OF the court and to learn politics. and be was
made acontrmed sOt before he could return TO his fa
MY we thus trip up the morals of the co1nmuny
While we give them law The gentleman from Or
age said he had Practiced quarter of century in
thcse courts; he hlselfhad practced a similar peri
cd in Loudoun, and instead OF CALLING their colIcap1l
.MC w.nGrLLLa rnnL l.rr.., from,