Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-05


We were asked by the gentleman from, (,,,,,,.-
iieio' what we mean to leave? He could in renIv al,
."p gentleman what he meant to rive, TIc I,ouL,
zen nm mat nc meant to leave what WINS rood ana
so 'oke away what was not good such po.Ion. ,,,.
inc intent otevcry one. He would not wish -, 80 a"s
me county courts. The gentleman from Cbes,erGoLI
, ua Yesterday promise us something. He reioiced
that lie had done He had nlwovs an,or;;i
iechngs of great respect for that gentleman u,h;I
ne delighted cherish and would still delinb, IN
CHERISH. lie referred to the disposition manifested
W Tue wishes OF the West than to provoke onv OWL
consequences He trusted that spirit would J;f
i''se itself through the house, and lead others -
10 So H.sSises uhder the opinions one whom
he was proud to call his poll. ical father
re discialmed any personal imputations j, ,,h,
ic "au SAID lie admitted that MANY very many NJ
nose Justices are very valuable men. Some of them
are ms personal friends-there are do ;us,;co &c;
these courts in Loudoun county, and 6e h.hs
mere ere not FIVE of them who will no, s;on !, ~
leoriai for the abolition of the system He slated
in tiey mad venerable and most respectable men nm
the bench Of Lou1oun; his friend from, II ""
was once, and had been there once when il becor,
necessary to sentence poor black woman to dea,b
circumstance which so affected him ti,,t ha H.
!te'lh'heo not TO attend again. He asked if those
courts would not become more and more ineffcinn,
; .',e magistrates are known more generally to be
inapf IL these tribunals so ancient thew are
Ghlly becoming more so; if they are wise their wis
dom Will become known; and no x,ondoraa
that the gentleman who had such high veperat;on e.
these tribunals, ~hould be so unwillino ~ &c. Iva
Ihci, so as TO make them more perua neD and NOR.
beneficial. ahu more
In declining to cousccrate that court, Supe,ior
court Oh Chancery, and the District court, and in
conSitutionally establishing these we are 9iltv ~
i,conSistency: If the public coed requne that ,ne
siiouc part from these courts, whatever regret we
may feei. 1t becomes our duty to part with them
hr Scorr said he did not rise to take mart in rho
debate, but merely to bear testimony To the cha ~.
ter OF those magistrates who were in his connt,,
Mr. HENDERSON discaimed any reference to the
Judges of his county, or OF that of the ren,ies
| man who hadjust risen.
MIR. DoDpRIDGE, did not rise to enter much into
the debate but merely to say that his constituents
ene county courts to be eft at the discretion
OF the Legislature. He stated what princnles onbf
to be settled by organic law and not Iea 70 81
discretion of the General Assembly He refar,n5
60 o me suggestion OF the gentleman from Chester
neid' that the son now days thinks himself w;ser
than the father He and the gentleman from CHI
tIerHeid had no confidence in such men. He ais,
that we are not to hold ourselve to be so
much Wiser than all who have gone before ms NJ
10 suppose that IN every thing may do we shall
avoid error. He said he did not consider the nmena-
ment as necessarily aboshng the courts.
! MIR. MARSHALL said gentleman spoke of the CONN
ty courts as If they supposed the report of the Ieg
isative Committee perpetuated the county corr, sys
tenn lie asked gentlemen if they perceived thu,
the whole system left to the General Assem-.
| bly,. IF there be county court which is So
and can do nothing. for the Legislature can incp
pactate any court, can ii do any injury. AS romi-
'l court, II VIII receive such jurisdiction the Ier-
lsatnre may give, and can exercise none which The
| Legislature shall take away. lie stated that oar,
temcn mis- atedthe question, mistook it AS totbe
mode OF election, that Is not now the question He
/ thought the courts should be preserved and if rer
temen wish to change the mode of appointment ye
marks on that subject will be in order when we reoc
inc resolution on that subject The gentlemen say the
county courts be preserved altlo stricken ONT c
iS Ga use: ne would hat by striking ont vou tao
away an Jndlrlai power from these Courts and de-
R TlVe the Legislature of the right of interference
Ihey cannot receive any jurisdiction from, Tho r.
glsature. Tribunals not enumerated "a - rooa;ua
Jndiciai power Gentleman may vary the form Of
the resolution but without that variation, the ef
: tect would be as he had stated
! MIR. DoDDRIDGE asked if the words wero st-;.,.
out now the power was taken from the Legislature "a
give power. W
nerates all in which the judci; power shall be ves-
ted Gentlemen may vary the resoIntjon NO n
make the effect different. " ~
MT, HENDERsoN said that he still differed from
IIie VaheFaoie gentleman believing the import of the
level of the Others y" the
VIZ. MARSHALL referred TO the subsequent part Of
the resolution to shew that taking the whole in
nectlon it bore out his construction
Mr.. POWELL said he should not take anv mart IN
inc debate but that there were some pecuIiar civ
cumStances operative upon his mind which II VINO
his duty TO present to the Committee. He admitted
the existence of defects but expressed his hei;nf
that the Legislature could remedy them He should
vote against the amendment under this irnnyess;nn
! lie stated that owing to the indisposition of tbn
Judge, the whole of the business of the Countv ~
FREDERICK had been done by the County Court He
i,"u seen me business done well; and had seen On
the bench Judges who had safe the Federal bench
ana other lawyers of Acknowledged talent ITe vn;d
That there were inconveniences and obieciions hnt
the Courts had done their duty as far as he could
tell from his own knowledge; although there we're
functions which they exercised which ought to be
transferred tn other hands, but this could no done
by the ordinary Legislature of the Country. These
opinions were he result of his own observation in
county adjacent to Loudon. The evils which ex-
list IN Lordon arc attributable 10 the pecular rbnr
acter OF the population. The population of Fredey
lcS are OF the Old Virginia stock; that Of Ioudon de-
rived greatly from emigration; valuable it is but d
!!ering IN character from that of Frederick. Were
1t not so, how is it that between FrcdercI, md
don, separated only by river and mountain, there
should be such difference? lie had practised or,
Loudon, and had seen the most distinguished men in