Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-12

perfect right reject any more OF those recon-
mended TO him. from deiicscy II had never been done
character was rare, though IL sometimes made. He
declared on the whole his purpose in favour of
MR. MARsHALL'S propositions. He could avoid
again going into general commentator of the existing
county conrt system as throwing into the hands
oil he middle class of the community.
| MIR. MARSHALL having for moment withdrawn
ns former amendment after few predatory remarks.
moved to amend the resolution by striking ont the words
by ana with the consent OF the Senate" Which was
agreed TO.
Mr.. MAcRAE moved as substitute the following
Prorided, do,cecer. tina, ifany person be
ed to hl any snch vacancy, new appein,mrn shall
be dapproved by the such person shall not be
again recommended to ill the same vacancy, ap.
pontment."
He said twas with great dIidence TINT he venur.
ed upon any and especially upon re-
Iaung :" our judicial system. to differ from the
and virtuous in this body had differed upon almost
every proposition presented for consideration; and
each individual (though humble he himself was)
guide in authority. He disposed rather 10 enlarge
than frer the veto Of the Executive upon the recer
enaaon OF me county courts for appointments TO tho
Msgistrscy The present mode had been regarded by
many as anti-repubcan in theory; and In some nsan-
ces, had been mischevous in practice and he was
dspoed to apply constitutional corrective could
he devised likely to be adequate to its end. In matters
oil GoverDnenih e did not profess TO he much
by mere theory he should seek the discovery OF tho
principles that would work we'll; and he would apply az
wei as de'nce them in reference to their practical
consequences. He feared that the various schemes Of
~.
sizing constitution, would induce evil than they
would remedy The present mole, he believed, had,
IN general, hed p.e magisracy with the bos men iu
every county, and had al good me ns
would probably have been selected in anv Other mode
had therefore, in the main answered it, purpose: and
he was disposed te retain IL but he would subject n ~
such modification would in his Judgment corrsct n.
irregular action. The county courts had been called
'eelectve magistracy; but they they were
| sell -nominatng body; and the Executive made the
appointments, and exercised neg alive upon tho re-
commentator of the courts He referred to the opinon
expressed by Mr. Jetferson he belle we'd had
occurred OF avourism from family influence and party
ieeiings IL family faction should attic p 10 pernef
ua'r"r itself on the bench of county in what
manner could IL be frustrated but by the due exercise of
The veto OF the Execuiive Aud how could that veto be
made ehectua IL, after the rejection of recommends
ton by the Executive the Court could renew IL, II hs
ne"n said That the Executive nigh be nisied and be
disposed TO recall its di.npproval: bu, this objection
might be ohvated by providing that the rejected no,n
nation might be renewed with the assent o the Escc
tive IL had been said too, that the amenden nj would
operate total disqualification of the persons
menued ami rejected: bat this mistake; it only
prevented renewal OF the same nomination To- f The
same vacancy, and perpetual see saw between the
Executive and the Court. The gentleman from Rich.
mond, had insisted that the Executive was moi az COM
pe'ent to make due selection of Justices ne IN. Conr,.
OF the counties where they he answered ,hs,
tue Executive must be presumed he as competent 10
exercise its Veto lie Courts were to pr efer her M
| limitations: each acted in mode and upon informa,ion
appropriate TO the particular functions delegated to them
The Executive was competent, il was not: if COM
pe'eh' ought 10 have power TO make is eecual
Ia The end Tor which il given; and II NOT the veto
should he taken away romi,. aud the econne
o' me Courts should he without control. He did not
pretend that bis alnen, would he eff. ctuai in ali
cases: but he believed would have saiuarv teoden
cy to prevent, or check the evils il to- re-
medy. "
Mr.. MARSHALL opposed the amendm mt, as going
ton made.
The Governor might send back recommendation
simply because IL contained too many persons: vet ac.
cordng to Mr. MAcRAEs proposition, they were all to-
be disqualified, and among them, perhaps the fttesr
mau in the county
Mr. MAcRAE said in reply, that the extent Of his
amendment has been misunderstood II only referred
TO the same udedncy for which the individual had
been recommended, and not to any other. He men,
toned the dissatisfaction among the People in respect
10 these Courts and the desirs hleness of removing it.
As TO the objection so lar it dill apply IL could be sb
waited by slight alteration Of the resolution He
.hosght me measure calculated to lead different
pac"ce IN the County Courts and prevent the
seersd,o between them and the Execu'ive.
Inc question being taken on Mr. MAcRAE's amend
ment IT was rejected.
rejected. - "'' aus"
Nir. MADISON and Mr.. MARSHALL aye)
Mr. NJ CRAZE now offered anoiler amendment, re-
ferring. for hi1 uscaon 10 the earnest inerss, ~
lows: ~ " W.
Justices Of The Peace shall be commissioned a
ring good behaviour, but IN W be removed i, The ~
ner which shall be prescribed by law for msbebaviour
in Office crime, elect of DUTY removal from h. re-
spectve countless or insolvency"
He said that the first prov.i,n all mus, oorc.
me fountains of justice ought rot o be polluted bv
crime III had been said indeed, that this case ba,I
neen provided Tor by law but he thought il would be
,ound upon examination, that the Justices of the,
reace were only removable for msbehavour i'm office
ana not Tor offences unconnected with their public du
| w. lie would not say, that man without uronertv
would not give fair decision on questions WHERE nro
| perry was concerned; he would not saw that man
VINO did not pay his own debts, in all cases an i'm
proper depository Of the power compelling other peou
pie 10 pay theirs; but he would say that very ,cner,x
impression prevailed and IL appeared 10 him no, with
o" reason, that such condition was extremely unC,
voraoe 10 the impartial and firm administration Of ms
nee between debtor and creditor This branch of our
poy was one very peculiar in its constitutions and n
han been found necessary enforce the ne (ornanry
OF is mu'iarous functions, by subircne its amin.-
"''os 10 pecunary responsibility in many imoortaut
cases Deprivation of this office was no puni.hsnentg
Tor II was an office OF labour and expense To the inc,,,
oeh'' ana was without emolumen: and hence the I.v
has considered II necessary 10 enforce it's regular adj
min$'raon, by the imposition OF fnes-a securjtv ami
an important one too which totally fails in relation "a,
mSoIVen's Ihey are required TO aid in important -
| ccuuVe functions; and II they guilty OF negFeer,
ney are sulJrci 10 pccuniary penalties. They are en-
trusted with The administration or disposition of im,o,r
ant funds. ho'h public and private i'm respect 10 hirb
me best pledge Of their fidelity and that relied ON bv
law Is their pecuniary responsibility. They are re.
CURED TO take adequate security from Executors and
other tributaries Of esafes aud they fail 10 do an
,hey are made liable of their own propertv-
what VIII this safe guard avail if tho Bench be oceu
piru by insoveDt Justices, il sometimes the casr,
And may not this defect Of espon iltv L. al IN int
quous combinations 10 defraud Orphans? Mischis6s
oil this sort have happened; and although bappiIy bev
have been few in number, oyyng In the general resnec
liability and responsibility Of the County Court Magi,-