Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-03
Mr.. Mr.csn protected sgain.. such eompari.on. a.

4
| Mr. POWELL explained The people Of LouGour
might be worthy, honest and Industrious aud yet no
TIT to make County Court magistrates.
Mr.. LEIGH went again into the defence and eulogy
oil the Coun'y Courts: advered 10 their criminal juri.
dction, particularly .layes, amt Insisted that tina
jurisdiction could veil Sc lodged any where else
He dweit Their eaue school Tor Young
era, in which aI the creates, oil tn. Stat hal al
hrst been trained. H. rena ked on the peculiar su-
alton o Lrmlo,', aud charged upon that County the
| chief agency in introducing the Circuit Court system
into Nirginia--which made provision ia Of the
sickness OF the Circuit Judge.
lie replied TO the argu ncnts Of Mr.. IIENpERsoN
urging the power OF aimy to judge OF law as wei
AS OF actas reply TO tina, part Of hts speech, in
when ne hAd urged ignorance OF law and equity asau
argument against the County Ceuts-As 10 their pow
TO recommend suitable persons for magistrates, the
executive must act on some recommendations, and il
was better they should be given openly than in sece
aud irresponsible manner.
Mr.. CAMPBELL of Brooke, went in TO the supper, 0
IN" mo ion 10 trike OUT in an EXTENDED spec in which
he attacked the principles which they were founded
as wholly Incompatible with Republican notions and
insisted that these Co T. ere i'm more
Immediate contact with the People, any defect in the
was greater, practical evil than in tribunal, further
removed from the daily business anil Experience of the
community.
1--WE shall give this speech hereaher)
The question was taken striking out the
clause and decided in thu negative. Ayes %.
50 the Committee refused TO strike out the words,
and in the County Courts. from the Resolution de-
Glazing in what Courts the Judiyia power of virginia
sh ~ reside.
Mr. CAMPBELL now moved lin consequence Of an
venerable
Richmond, Mr. Marsbail to strike ont the word "the"
b fore" County Courts, TO let the clause re al
" and in County Courts"
Mr. MARSHALL. thought this could do no harm, and
IL Il tended to reconcile any gentleman to the RI sou.
ton, II had better be adopted
Mr. RANDOLPH wished TO hear what good it would
do.
Mr. HENDERSON replied, that il the word sh ,uli be
retained. the Legislature might consider themselves
withh" from any alteration in the organization Of these
courts; II was removed that DOUBT would b. removed
MIR. CoAhrER said, il the amendment was TO have
no effect he did rot o'jrc to l.; bu, IL give the
Legislature power to organize the county courts
% assign them pay aud pat them the civil list, he
should he ag anst it,
Mr.. MERCER was astoni.hed to hear doubt on that
suhjcct: the Legislature a at present power to assign
pay TO the magistrates It they pleased.
MIR. CoALrER said the Constitution contained no
power to that eff,ct
M. MORGAN in reply 10 JUICE Coalter said IA.
had always uniersooi, that by +truc,on Of
the Con "uon the Legislature has full authority to
allow 1mSnces 81 th' Peace any compensation what
ever There can be no doubt Ia no part of the Con-
utn'ion prohibits t. BY one clause, Justices are au-
thorised TO sill in either House of Assembly; but by IN
oh'r the disqu.liiying clause, every person holding
any lucrative 0Gicc il disqualified from sitting in the
Legislature. Thus if ihey he allowed either fees or
saa'ary for their services they cannot set in eth r.
House unde" this last clause; TIL ices, salary ma
king the Office iucrdtiue They have the whole
s"bJc, oil commentator under their confront. and
in their own hands. But they prefer sitting In thu
Assembly, and welding their counties at home as has
wen been said by Others, TO any fees salary whatever
The question vas taken Mr.. Ca MPBELI's
motion and carried. Ayes I5-Noes II
(Messrs. Madison, Monroe and Marshall votin. aye
So the Committee resolved that The clause shall re adj
ResOIu<d, That The Judicial power shall be vested in
Court OF Appeals in such Inferior Courts as the L.
gislaturc shall from time 10 tine oriain and establish
AMI in county
The Committee then rose, and the House adjourned
WEDNESDAY, December ,.
The Convent N met at III o'clock, AMI was opened
with prayer by the Rev. Mr.. Sykes of the Methodist
Church
The House then went into Committee Of The Whole
Mr.. SrANARD in the Chair. AMI the question being on
the LIST Resolution in the report of the Judiciary Com
mtee,
Mr. MARSHALL said there were some additions
provisions he wished TO have introduced into the Re-
solution AMI which he had not yet suggested
The Revolution processes 20 oil the DC.
pcsitoric5 OF the Judicial power Of the Common.
W all and, therefore, all intended to be included
must he enumerated. J".tices of the Peace when not
upon the bench but acting s;ngly exercise i'm
poriant portion OF the JuliciN power: The trial
OF warrants was conld rable Pirt Of the Ju
dicisl Power Of the Common wealth He, there.
fore, owed TO amen the resolution by adding the fol-
lowing clause after the words" County Courts"
In the 5rd line of the first resolutions of Judicial
Committee, strike out the word "and"-And 2Ily al the
end of the line insert Sand in the Justices of the
Peace who shall compose the said Courts
The amendment was agreed To-
MIR. MARSHALL III, ptoI o.ed 10 add still farther
to The enumeration. Corporation Courts constituted
necessary pirt of the Judicial system. aud should
be omitted. III at hrst proPo-cd iosinaert the a.
mendnent after the words " County Courts" but
SOM gentlemen whom he had consulted, felt ap.
prehensive that Ich location might under three
oration Co.ris Istituiona trbunals,nd though
he hal no such apprehension himself. tor eau
ton sake he wonl not propose to insert them there,
but so Introduce the amendment that il should he i'm.
possible to consider them courts cons'tutiouay
tdbiShed he then moved the following:
The L. gisd'ure may alsD vest such jurisdiction
-ha he deemed necessary in Corporation Courts, and
in the Magistrates who may belong to The Corporate
holy"
This amendment was ai.o agreed to.
Nr. MERCER moved tdt the Committee pass by the
residue of the R"por; Of the judiciary COMMITTEES, for
the prescn hut withdrew the motion the request OF
MIR. POWELL, who having voted in the affirm alive
Yesterday, the motion TO strike the word the"
before County Courts moved a nsideraon Of
that vote.
This motion gave Use TO a debate, in which 2Iessrs
POWELL, RANDOLPH, MARSHALL LEIeu, HeN-
DERsoN and JoHN4oN took part and which resulted in
remembering So, Nors 81.
After further di-cussion between Messrs UPsHUR
and JOHNSON, the vote was reversed-Ayes IL, Noes
50.
Mcssrs. MADISON, MoxnoE anil MARSHALL vot.
ing against striking out the word 'be."
SO the committee resolved retain the first R,so-
luton in these words:
"Tne Judicial power shall he vested in a Court of
Appeals. in such Inferior Courts a. the Legislature
shall from time to time orda and establish, aud in the
county courts"
1--WE shall present this ID bate very soon)
MIR. MERGER renewed his mpon {, pass over
the residue Of the report of the Juici Try Committee
and IL hs desirs that The several PROPOSE
tons for compromise should he taken up in the
character of amendments but distinct substantive
propositions.
Anera desulory debate on point, NJ order, tbi. ar.
rangemcni prevailed, and the Committee proceeded to
consider the following proposition offered by MIR. Up.
NJ. MADISON and addressed The Chair :