Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-05

nu Was so entirely cngrosscd by the subject of the
oass that he could proceed To any other dcber-
alton. He understood there was a probability that
me ipuse would be ull Tomorrow and TO allow gen
ticmtn time for reflection he would move that tho
/ TIE question was nut and carried in the NEGATIVE
AycF 36--Nocs az.
Mt HcNprRso> then expressed his rcgrc, that he
SuS forced tn enter upon the discussion ut this
hSit' out hc would detain tho Committee but for
SHIRT time. In moving tn strike on, the words land
the c"udy courts, he intmatcd that he would sur-
sumo nl"liication, so as to Introduce the words
JUSTICES al the Peocc." a question had hcrn nut
why do you retain the Court of Appculs, IIe was n
nte surprised at the question. We must have n con-
sHu'una' court To settle important questions lie
asNo now these Questions could be settled without
: competent tsbunal. Gentlemen. say the county
courts should be constitutional that they arc of nm
ant SO are the Courts of Chanccry the Cen
Gai Nenre' a. the Circuit Court, 81 he asked whether
They were not Ia receive constitution conscc as
well as the county courts II wasnot difficult course
10 insert these courts andto leave out those which he
neu named Tic gentleman at the head of the Ju-
oirioty system, seemed to lave taken On incorroc,
CIV NJ tie question, when lie treated i, as one ro-
sp eng the abolition of the county courts Some
gent cm'n desire To abolish others TO give ronstitu
tUnni conScCrat;unto hose courts Whtl difference
OF opinion. It wns proposed commit the subject TO
TN" decision the Legislature whose disposition 10
d" right we nave 10 reason to doubt. 1.-THE county
courts arr great and growing evils and likely To b-
CONE tolcra0c, thc gentlemen the other side arr.
disposed Ia ictier us an intncrable evil or In rrn
der 1t necessary TO call another Convention. On
one side II * proposed TO leave the question 20 those
who will settle II cqui,ahy and bcnclciaIlv for tho
country. We are told tie county courts are very
wise and that we should not abolish them A To
their wisdom - IT wonderful that u man should know
h: TRADE; Those magistrates do not knnw any thing
ot law oud equity. vet we call them to decide on
FGu"sion at law and equity. II You 30 for pair of,
boots would YOU 20 70 man who had not spent al,
hour ia the shop OF n boot makcr' Yet YOU here 90
Tor decisions III law and equity, 10 those who know
nothing OF either. There is not n case in hundred
which ever comes 10 the Court Of Appcals How, do
y" Anow tina, The Court of Appeals is riuh,2 II
kn""'edE" oi law and equity is not necessary who
hn""S but u an appeal wcrc made from the Court of
Appeals TO The |. =. Supreme Court, the Slprcmc
Court would reverse The decision of the Court of Ap
Pcals and decide that the County Court decisions
are righb II the argument that the hirher you rise
I've more correct are the decisions. where are We 10
stop: 1t was hc first time he had ever heard that
INC less man knows the more able no is perform
Ma duty II 1t be necessary TO give the greater use
! iuHcSS, why not take them and nut them ON Tho
bench with tho Judges OF the Court of Appoals to
i"a-n then, their dug: II they are So very wise
lhey should he taken f0m the low and limited srhere
Where They now act Let them be taken into u high
or Spuerc. Ii they nave the strongest sense of cuu
, -, cccausc they have least knowledge of law the
greater mans knowledge of laws the more he quail
cs himself for the character pfa learned blockhead
The gcntcmm fom Chesterfield, told us one of
/ ms children was sick. Did he call in a LAWYER \
shoemaker, or physician He did not doubt that he
called ~ tho most able physician he comld find When
I these things come home TO families and fres;dcs
/
~ curtis are useful schools OF law. lie thought
that Juries were better schools. As the Justices are
now 50 wise, any farther learning would be unncces-
sary. lie asked where we 10 look for our law
yrrs If the LAWYERS compelled 20 practice in courts
where there is no knowledge of law? One gentle
man had spoken of the admirable effect of these
! courts in circulating political knowledge. He had
hoard or this before and he would ask how political
knowledge was circulated by these courts He be-
lIcven that they learned ftie art of drinking
whiskey. than of political science and he thought
2ey would be better emLloycd at home If YOU de-
slfc 20 give knowledge let II be- done bv public schools
lie knew that there or 'lt difference OF opinion
as TO the operation of this system. Some gentlemen
tel us that III some parts the counts work well. He
knew also that they were charged with working i'll.
lie stated that lie knew of the great delay and OK
pnnSe OF bringing suits before these tribunals md re-
Pea;ed that he rather recommended his clients in
small cas's TO submit to the first loss, rather than
| encounter the risk and cost and delay of suits be
cause the magistrates irregular in their atDcn
dance lie said that while this was the fact in the
county III which he lived he knew that in 9th
or counties gentlemen were very regular IN their at
tendance to administer Justice In his county, tho
magistrates were ID n situation in which they were
compelled TO follow other business. As an orphau
court, ho thought thc'c Courts very inefficient
and oppressive; and they protect orphans rs the vol
does the lamb.
y When the people have controversies of this kind
they are compelled TO obtain justice, they obtain il
at all, Mt monstrous cost of TIME and money Ii,
quoted a fact. A friend of his had an estate in Ma
ryland lie went with him TO the orphans court Il
cndcavour TO consnnmatc the business At the sc
cond visit he made, the guardian displaced fol
mavcrsaion, and the orphans property was secured
aud til" guardian ordered 10 be sued his bond
Tins was The way IN which justice was done in Mary
land.
Our county court will not do business, g. we have M
superior court; therefore he could not draw that com
DarIsOn which tho gentleman from Orange had done
They had 10 superior court their Judge had beer
disabled and they had TO borrow Judges. They hat
borrowed the rontloman from Orange once. and Ia
acted very efficiently. lie sai0 they always com
mcnccd their suits in the superior court, because W.
could not yet the Judge To attend. lie had knowr
man who bad 10 attend court: he came by the ~
cess Of the court, 0nd 10 learn politics, and lc wn.
Hiadc confirmed so before ho could return to his in
mily. We thus trip mp tic morals of the community
willie we give them law. The gentleman from or
age said lac had pracliced quarter of ccntuf il
those courts he hInscfhad practiccd "a stDilat peri
Cd IN Loudoun, and instead Of calling their colleagues
T. tie UcACTaLic gentlemen from grunge and Loudoun
Q lLlc-. nuLl iLa n1..lnlll.-l III.