Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-25


County Courts must Immediately be recognized. /
do not believe that this would he the consequence;
they would be left precisely in the situation as
the other courts Of the State: II it should be .ssry
TO organize the other Courts IL would the County
Courts and not Otherwise. But, he believed all the
courts woull go as they DO until the General
Assembly should believe il necessary, for the interest
OF the State, 10 make change. And If the County
Courts were such great favores with the peoae az
some seemed to suppose, and they considered the
great machine, by which the republicanisr, OF the
State is to be preserved where the danger leaving
them to be cherished by the representatives of the
peopIe IL they such paramount blessings, the
people would not readily abolish and danger would
threaten them.
II gentlemen had been sincere in the opinion they
expressed. the Convention would not have seen them
so extremely sensitive, whenever this subject was APP.
preached. Here the Chair reminded the gentleman
from Accopac that ii was not in order to attribute
want OF sincerity to members Of the Housed Mr.. b
continued: Perhaps il would have been well, il
had not used that expression will suppose that gen.
temen are sincere: and ii 30, then they do believe
that these courts the darlings Of the people Why
they much afraid they shall be left to the power
oil the people, acting in their Legislature!
Gentlemen have argued this question, as If we are
the Legislature, and for the first time organ
zing these Courts; and the gentleman from Chester.
hel (Mr. Legb fears the danger of having some liz.
tie Petty. logger on the Bench The gentlemen cannot
despse these characters than do and have no
dread, that such characters will find favor with
Virginia Legislature. Other gentlemen saw divide the
Magistrates OF the counties, and let them alternately
all this. say not legislating these courts
into existence; and il will be the duty OF the General
Assem bIy, to consider these different projects. when
they 10 act upon these courts and we give them
power TO do it. 1t il to give the authority to the L.
gisature that have proposed the motion. IL Virgil.
MIA shall ever be unoi tunate hereafter, as to put i'm.
proper men the bench, establish an arbitrary
and tyrannca court, she will, trust, re.race her
steps
Sir, il was not my intention, when I made the mo.
ton now under consideration, to discuss this question:
nff haan i,frc
when II was under consideration the Committee of the
Whole, was so fully debated, that nothing now can be
said on the subject And all ask is that the Conven-
ton will put the County Courts with the other inferior
corsunder the control OF people the assembled in Gene
raj Assembly.
The question was taken the amendment Of Mr.
Henderson, 10 strike out the word THE (the chair icr
greater convenience, permitting be put in that
iorml and decided by yeas and nays il follow:
AYES-Messrs. Copton, Anderson, Con;nan Harr
son. Williamson, Mccoy: Moore, Beirne, Smith, Bax-
ter, Mercer, Fitzhugh, Henderson, Ma.on of F. Nay
Tor, Donaldson, Boyd George, MMIillan Campbell Of
W., byars' Chapman, Oglcby, Duncan, L'idey. Sum
mers, See, Doddridge Morgan, Campbell of Brooke,
Wilson, Campbell Of Bed. Clayton. Saundsrs, Cabell,
Gordon, Thompson, Joynes. Bavly, Upshu-.-4O.
NOES-Messrs Barbour (PresiienD Jones, Leigh
and Taylor OF Chesterfield, Giles, odnax DromgooIe
Alexander. Gooie, MarshaIl, Tyler, Nicholas. Baldwin
Johnson Miller, Mason of S. Trexvant Claiborne Ur-
quhart Randolph Leigh OF II. Logan Vsn,ble, Mad
ison, S'anard, Holiday, Osborne, Cooke, Powell,
Griggs PrndIeton, Roane, Taylor of Caroline Morris.
Garrett. C1oyd, Mathews, Barbour of C., SCOT, Ma
crae, Green, Tazewel, Loyal, Prentis, Grig-by.
Branch, Townes, Martin, Stuart, Peasants, Massie,
Bates, Neale, Rose. Coaer. Perrin.--56.
Mr.. BAYLY then modified his amendment so a. not
TO touch the Justices, but to strike out the words in
the county courts" and also the words who shall com
pose such courts.''
This question was decided in the nepa,ive Inv yeas
an! nays as follows
AYES-Messrs. Anderson CoiTnan, Harrison, VIII
hanson, Moore. Smith, Baxter Mercer. Henderson,
Mason of +. Navor, Donaldson, B,yd. M'Mian. O
Duncan lev i'm D,d, NJ
gan Campbell OF Brooke, Campbell of Bed Saunders.
CSSen Thompson, Joynes, Bavly-27.
~ NTEsLMe'srs Barbour (presilen0 Jones, Leigh
goole, Alexander, Goode, Marshall, TYLER, Nicholas
Clopton, Baldwin. Johnson, Nc Coy, B.irne, Miller
MasSn ct TTezyan Claiborne, Ufquhart. Ran clph
leigh oil H., Logan, Vensb,. Madison Stanarl, Hol
laday, Fitzhueh, Osborne, Cooke, Powell Grirss, Pen
dle'on, George, Campbell of W., Byar., Rosne, Tsy
,Gf Oi Gar Morris, Ga"sti CIoyd Chapman. Ma
WELL Loyal, Prentis, Grigsby Clayton, Branch,
Townes, Martin, Stuart, Peasants Gordon Massie
bMe'' Neale, Rose, Coalter, Upshur, 'Perrin-6s
Tue amendments proposed by the committee of the
whole 10 the I'd resolution, Substituting held for elect
ed oni imposing the word firstO we're agreed TO.
aud caused the resolution TO read:
z ResDioed, That the'preseni JUDGES Of tbe cour,
oil appeals, Judges Of the General Court and Ch,nce
iors, remain in office until the expiration of the session
oil the bTst Legislature, elected under the new Cons,i
tuition, and no longer But the Legislature NAV can
TO ne paid TO such OF them shall not be appointed
such sum as from their age, infrmities and pa.t SER
vi'es shall be deemed reasonable"
The amendment TO the 3d resolution viz IN s,r;ke
OIL concuTrcnt and insert joint" and also strike
out the word' leach House voting separately and h.,
anegatve on the other and the me mbers thereof vo,n
Uod o0ce The votes OF the members shall be entered 10
The Journals of their respective Houses sbould te
touSes IN any case fail 10 concur n the eecton IF
Judge, during the session, the Cove nor shall
ue election by appointing Of IN, two persons who
sh'l' hrst receive mlory OF votes in the Houses in
"hlch they were respectively voted or:" were agreed
toby yeas and nays as follows:
fEAS-Mes'rs. Barbour (President9 Jones, Leigh
aud Taylor Of Chesterfield Giles Brodoax DromuooIe
Alexander, GDode, Marslall Tyler, Nicholas. ADDER
SON Coinan, Harrison. Baldwin, johnson, Meow.
Moore, Is i'ne, Smith, Miller, Baxter Mason Of s
Irezvant Claiborne. Ufguhart, Randnlph eth of II
Logan Venabe, Madison, Stanard, Holla law Mercer
fI@hugh, Henderson,, O-borGe, Cooke, Powell Grjgys
Mason OF f., Naylor, Donaldson, Boyd Georre Nc
MILAN, Campbell OF w, Byars Roane, Taylor Of Car
oline, Morris, GarDett, Cloyd, Chapman Ma;h.ws
0ge'by, Duncan, LadIey, Summers See, DoIdridge'
Morgan, Campbell of Brooke, Barbour of c. Macrse.
iazewelI Loyal, Prentis, Grgsbv, Campbell of Bed
ford, Saunders, Branch, Townes, Cabs Martin Stuart
pleasants Gordon, Bates, Neale Rose CoaIter B,yIv
Upshur and Perrin So. ~
NAYS-Me.srs. Ciopton, Scott, Green, CIaytor.
Thompson, Missile, and Joynes.-7
The resolution, az amended, reads:
ReS0lued, That The Judges of the court of s,,eaIs
and inferor courts, except sces OF The county conrls
and the aldermen other magistrates of corporat on
cod'ts shall he elected by the concurrent vote of DO IN
Houses OF the General Assembly,"
The amendment pro ,osed by the committee of the
whole in the 4ih Resolution, IL as follows:
The original resolution read:
"KPsolved, That the Judges Of the Court of ApneaIs
and OF the inferior courts shall receive 6xed and sds
9ua'e salaries, which shall not Be diminished during
lI.aar N.....