Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-07

IL.
Mr.. MARSHALL dlsclaimed any intention 10 irnpute
any improper meaning To his language.
Mr.. RANDoJPu said certainly NOT He believed
the gentleman was tho last who would be guilty
of any such mputution he beloved that tho Chief
Justice was man who, like my uncle Toby would
never hurt u fly.
MIR. POWELL. shid no would Withdraw his motion if
he could see the subject in the same view in which
the gentleman from Richmond, for whose opinions
he entertained the highest respect, saw it. lie at
tribued the fact that lie did To his own obtusc-
ness but he did not; and he explained his views
which nrc that the Legislature by the omission Of the
worI the, was put IN situation in which they must
build up thS system anew. lie frnred that the Iersla-
tnre might go beyond the pruning down cxcre-encies
lie wished 10 reform the system, and TO leave in
the discretion OF the Legislature TO do so; but lie was
not wiling overthrow the system; ali pre- existinu
Legislation in rcic -.ncc 10 this subject is abrogacd by
the OMISSION of tie word. lie could not see the
question IN the same light with the gentleman Frou
Richmond, or he would withdraw the proposition.
Mr.. LEIGH said he 10 say Just to the vcncra.
bic gentleman from Richmond, that the word "the"
was If great importance. lie said that the omission
of the word leaves it 10 the Legislature to constitute
system composed OF pctlf1ggcys, and Of men in
whom no wished the system to be reposed But
the danger Is obviatcd i'll great degree bv the a.
mendncnts moved by the gentleman from Richmond
this morning. lie said the feeling of The Legislative
Committee was to preserve the system, and only ic
leave 1t 10 be resumed a. the discretion and wisdom
Of the Legislature, they sht deem a modification
OF the system as TO jurisdiction, necessary.
county courts to be hedby justices will be prcscrvcd
bat til county court system will be abolished There
not statute, IN that case, connected with the TO-
Ice of this state, which must not he re-ex0mincd.-
II will of necessity be led tn such changes that years
Of legislation must eupse before We snail be uGc TO
replace ouT code III the situation in which il now
stands. Tho Legislature will DO required 10 onact
all statutes anew But suppose this should not be
The etect-suppuse the danger and alarms all un-
founded what part ought The gentleman from Rich
mond to ake' He told yesterday the striking out
would do no harm. Ifsuch was his opinion lie would
perhaps so far defer 10 the wishes of those who
thought differently. 20 10 them the word
Mr.. Henderson rose to explain that he had not at
tributed ignorance to tho magistrates of his county
The gentleman from Charlotte had imputed to him
want Of dignity. He perhaps liable to u want of
trimming; but whenever lie wished to improve himself
in the matter Of dignity, aftor the speciacn given By
the gentleman iroIa Charlotte to-day, he would have
TO go to some other model when ho wished TO improve
his manners.
of his vote yesterday. II was not TO a county court
such as would be created By the legislature that he
felt all respect, but II to the county court system
us we havc had it for more than half century that
he felt and intended 20 express his attachment. Ii
was that county court which is formed by justices Of
the peace, that which made appointments, ind thus
participated greatly in the Executive dcpa Ttmept.
He thought by retaining the word the" wo moro
expressly and explicitly designate tho system which
he did approve. L could not be TINT the Legislature
would be called on to build up the systcm be-
cause the next sentence shows that IL the
ton Of these courts which the Legislature has
guate. lie wished IT to be shown By the phraseo!o-
gy that il was the county courts which hG wished
retain. lie had therefore Determined to retruce the
step lie had taken yesterday.
The question Of reconsideration was then put and
carried in the ufErmntve.-Ayes 53--nocs 81.
NJ. UPsHUR said he had voted for the reconyidera-
tion because he thought every member should have
the right characterization; but lie would vote 60
reinsa the particle. He thought that we should
have not only county courts but the county courts
with all the system. The wish TO strike cut tho -
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 obscr-
yer of these courts; and lie thought gentlemen had
gone too fur on both Sides in their culogcs and con-
demnaon. He would give to gentlemen an oppor-
tunity of changing tho mode Of appointment Of the
Justices.
Ifgcntcmcn would present to him better mode,
he would take it. lfnst, he would not abandon the
present mode. The only object he had in view in
striking out the particle the" was to leave il at
our power to regulate the mode Of uppontment. We
have determined by striking out the word "thc that
the Judicial power shall be vested in County Courts.
The Justices of these Courts, it will be for in Ii
Constitutional provision 10 provide for tho c Ccton
Of Let those who think there may be better mode Of
appointment, have opportunity 10 present their
schemes. Should we not adopt any new mode, VIC
have az the last moment, the power OF rcinstatng
the word "thc." He gathered from the arguments
OF gentlemen that if we adopt the resolution now,
with the word "thc," VIC shall take final vote,
which establishes the County Court system Just us
u is and puts It out Of ou5 power 10 adop, any modi-
fcation. We have Justices of Peace and Couf-
ty Courts they will still retain their names, and their
authority will tbc changed we may make tho
! Courts exactly peculiar TO those which they arc in
tended to substitute. He reported that the adoption
ofthc word "ilo in the opinions of many prCcudcs
the possibility Of any change, while if leave it
out now, we eau nj any momcui rCigsort il. IL
would be better, IN fine minds OF many, TO give up
the whole advantages oflho system, rather than sub
NIT any longer to the present mode Of appointment.
lie was not one ct those, but he wished 10 give an
opportunity TO gentlemen to present any other
scheme disappointment which they think viii worl;
better. lie did not think that any better plan would
be offered; he did not think any practical improvement,
could be suggested und then the system will remain
as Il Is at present.
Fhe CnArR suggested that the mode Of appoint
in"tt could be changed by amendment Of the 9Th
rcsou ion.
Mr. UPsHun then Ggkcd what is tho use ofrctain-
ing tho pertlcle"the'"
Mr. JonNsoN said tho reinstatement Of tho particle
cannot ~ any way change or preclude auy future
U / IL Ir soft 4.