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

continue we county cau.s they form
our ce would shy Their. no par, of the United
where there is less feeling man in
the neshhnriood and where there quiet har
mory Your b'> stationed throughout the Stale as
peace makers You must preserve then the county courts
which AL tl ir1uliy ausg good order is be attributed
MIR. joYNEs spoke III substance as follows:
Mr.: CHAIRMAN: In rising to support the motion of
my colleague, to strike out "County Courts" from
the first paragraph of The first resolution rrpnr
ted By the Committee on the Judicial Department, of
the Government regret that am under the prccs-
sity OF endeavourlng 10 sustain opinion contrary
20 that which has Just been expressed by the yenrra
Bile gentleman from Richmond, (Chief Justice Mar
shal') The opinions of that gentleman are entitled
10 great weight not only in this Convention bu,
throughout the United States, on every subject OH
which his opinions are expressed; and am sure there
is no man who feels more respect for those opinions
than the humble individual who row addresses YOU.
But III political rna,ters, cannot feel such Oh re-
Spect Tor he opinions OF any man. however exalted by
character or talents, as implicitly t. adopt lis opl-
ions. will atentivcIv and respectfully listen tn the
arguments of those who differ from me, and must
then decide according the honest dictates of INV
Judgment, humble as it may be- on view of The
whole ground
| The gentleman from Richmond mas told the Com
'ntee that Ii the motion strike out county courts
from ne first resolution reported by the Judicial Com
noe be susi ained by the vote of the Convention,
VIII totally destroy the county courts But with all
my respect for such high authority cannot so under
stand the effect o sustaining tie motion Of my COL
league Tie first paragraph of the first resolution
ResolVcd, That the Judicial power shall he vest
ted IN Court Of Appeuis i'll s'ch inferior courts as
tile hegisla sial from time time ort!au aud cs
! taE|ish, and in the Comfy Courts"
The motion is to strike ont county courts and not
withstandg al! my respect for the contrary oeinon
expressed by the ChefJstic cauuot avoid the con-
ciuS'on that It the motion 10 strike out county courts
prcva,, II will still be entirely competent 10 the Irs-
iturc, If they l proper TO do so to retain the coun-
~ courts precisely they are now organized and to
confer upon i!cm precisely the same powers con-
irrrcd upon them by law 1.-THE Report of tho Iu-
dic!al Committee be adopted, the existence of the
county Courts now organized will forever be pa-
cCd entirely hcrond the reach of gisation; whereas
they be stricken ont Of the report, they will not b.,
thereby abolished, but will be subjected to the power
! OF the Legisla ure, who may continue them or not,
or Change their organization past or future cyncrj
! cnca may render necessary.
lii supporting the motion to strike out county courts
from the report OF the Committee, am not actuated
by any wish to destroy these courts. Very far from
1t think 1t would be unwise either to destroy or
retain them by constitutional sanction; hut nv wish
is to subject them ard all the other Judicial tribunals
OF the Commonwealth the unlimited control of the
Legislative power, which may from lime to time esta-
bISi modify or abolish them as experience NAV rem
"ef advisable Great Inconvenience has been here
tot2rc experienced in this Commonwealth under the
! old CONSTITUTIONS from the Judges of the General
court and Judges IN Cfiancery, being named in the
present Constitution, and which has been generally
! so construed as to prevent the Legislature from
conierrihg chancery power Judges of the General
Court Ii ismy wish to leave the Legislature uncon
trolled power to act on The subject from time
! 30 time, rs The public good may require.
have the authority of the gentleman from icl-
inond, himself, tor saying that the Constitution ouoht
not to go too much INTO detail; but that nnv General
princiPies should be established in the Constitution
and 1t should be left 10 the Ierislature IN not pnon
those principles, and carry them out in crnani,in tho
government under the Constitution. The Constitu-
ton of the United States declares that sthe judicial
power o. to United States shall be vested in one SUI
preme Court, and in such inferior courts as the Con
gEcss may, from time to time, ordan and tabsb >.
and under that Constitution it has been found ncces-
sfy at dfiereh tunes To change the organization of
the courts wish TO give similar powers to the Te
glslnture over the courts of Virginia. and my chico
ton 10 the report of the Legislative Committee is
mat the county courts, at present o9,anised arc
proposed to be retained all future time and uude,
all possible Gil cuSances whatever NAV be the onr
ION OF the Legislature of the people on The subject
founded upon the experience Of past and future times
Ahe county courts may be necessary, and propar trl
ounaIs now, and might hereafter be rendered unne-
cessary or improper by different organization of Tho
courts OF the commonwealth or by change in the
opinions OF the people relative to those courts
Onacr the present organization ofthe courts of the
| commonwealth, we have Superior Courts of Chan
Gerry and Superior Courts of Law; and IMAGINE nnn
einen Will agree that those courts are as necessary
as county courts And if it be necessary to retain
county courts in the Constitutions SO rs to rendor
them independent OF legislative control why not al
so return Superior Courts Of Chancery and Common
Law by Constitutional sanction? [ can see no rem
son 10 retain the one any than the others in the
CONSTITUTION II 1t be safe to trust the I,erslature
with control over the one it apDears to mo that tba
may be safely trusted with control over the other
II county courts be stricken out of the resolution
VIII they thereby be abolished any more than Supe
P1TioT Courts Of Law and Chanccry, which are not
cAuInera ed In the resolution Ev striking out conn
ty courts from the resolution thew as we'll as the other
courts VIII stand precisely upon the same footing and
VIII be continued or abolished us in the wisdom Of the
Legislature may seen best and il the county courts
possess tie confidence o. the people in The State ron
orally, we may safely. rely on their being continued
by the Legislature; and If they lave not that conf.
donce they ought not to DC continued
me report OF The Judicial Committee proposes to
leave tie powers and jurisdiction OF the d,ffSTont
courts to be regulated by aw--and if it be prudent
to give TO the Legislature unlimited control over the
orsaH'-"tion OF all oier courts and over the iuris
0G"0" ma P'e5rs OF the county courts as well as the
other courts Of the State where can be the necessity
OF IClnIulnr ,Lr ~!