Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-05

it was something like being told that commcrcc
was brisk and every thing prosperous
We were asked by the gentleman from Chcsc-
field what we mean to leave? lie could in repy,aa
the gentleman what he meant to give. He cou,J
tell him. that he meant to leave what was good and
10 take away what not good; such netl,r. So.
the intent ofevory lie would not wish ,a ..,S
tho county courts. The gentleman from Chcs,orGelJ
did Yesterday promise us something. He rcioiced
n n ne had done so. lie had always entertained
iccngs OF great respect for that gentleman. which
he delighted 10 cherish, and would still delipbt :"
cherish. He referred to the disposition mnnif,s,cG
oy tn' vc,ctaoif 1uugc yesterday to accede rather
to the wishes OF the West than to provoke nnv rv;l
consequences. He trusted that spiri, would ,;t
fuse itself through the house, and lead Others a.
range themselves under the opinions of ono wbo,,
hc was proud To call his poll ical father
lie disclaimed any personal imputntions in ,rhst
N" had said lie admitted that many, very many az.
those Justices arc very valuable mon. Some of them
are his personal ircnds-there are 10 justices az
these courts IN Loudoun county. and he believed
'hofe are not five of them who will rot sign a me-
moran Tor the abolition Of tic system He stu,cd
at they had venerable and most resprc, blc mon ON
the bench of Loudoun his friend from, Landau,
was once, and had been there once when i, boco,nn
necessary to sentence poor black woman to death
circumstance which affected him, tint no 10
t"rnincd not to attend again. lie asked if tbo.o
courts would not become more and more ineiircr,,
as the magistrates are known more generally To h.
nnm? II these tribunals are SO ancient, tbcy oro
Ga'v Incoming more 80; IT they wise their wis.
dom will become known and Inc vondcro,
that the gentlcnan who had such high veneraton for
/ IN rpfn
beneficial ~ 'S
In declining to consocrntc that court, Suporicr
court of Chancery, and the District court nni -;
constitu'ioralIy establishing these We nro o,,;j,,
inconsistency II the public good require ilnt yrc
s"o"e par LrS t'h'se courts, whatever regret we
| may frci AA41AcAes duty to part with ,Icr,
Mr. ScoTT said he did not rise to take n,r, i; ,,,
debate, but merely 10 bear testimony to the cLoro,
ter oi those magistrates WIG were IN his county
Mr. HENDERSON disclaimcd any reference to the
j a nNCfn
man who had lust RISEN
Mr.. nonDnnGE did not rise to enter muc,, i,,o
thr debaie but merely to say that his constituent,
wished the county 20 be Jeff at tho discrc,;o
ot tn" Legislature. He stdcd what prncipcs oryI,
to be settled by an organic law. and not LEFT 70 iLc
discretion of the General Assembly He referred
| TO the suggestion of the gentleman from CLcs,c~
hed' that tho son days thinks himself wiser
than the thther He and the gentleman frnm Che
terheId Ind no confidence III such men. lie nI.o
suggested that we nrc not to hold oursolyo 70 b ~
much wiser than all who have rome bcfore ne
to suppose that in thing VIC NAV do we sboN
avoid error. He said he did consider the amend
moni rs necessarily aboshing the courts
! Mr.. MARSHALL said gentleman spoke of the rc,,,
~ courts asst they supposed the report of the Loo
isativc Committee perpC:uatC the county cour, sr~
tom. He asked gentlemen if they perceived tn,
| the whole system LETT 10 the General As.c,,
! bly,. IL there be county court which is Corn,'
and can do nothing, for Inc Legislature can inca
pncItatc any court, can II do any INJURY As nolni.
nal court, II VIII receive such jurisdiction as the r,,
lslature may give, and eau exercise none which ~,
| Legislature shall take away. lie stated that crn
temcn mist the question, misfook it, Astotjc
mode of election, that is now the question ~.
thought the courts should be preserved and if GER.
ticmcn wish 10 change the mode of appointment re.
marks on that subject will be in order when we rcoch
the resolution that subject. The gentlemen say Tho
county courts he preserved, aho stricken on, ~
this clause: no would say hat by striking out Won take
away all Judicial power from these Courts md de-
prve the Legislature of the right of interference
They cannot receive any jurisdiction from the Ic-
Glslaturc. Tribunals not enumerated receive 70
judicial power. Gentleman may vary the form Of
IN" resolution. but without that variation the q.
! feet would be as he had stated.
! hlr. DoDpRIDGE asked if The words were stricken
out how the power nken from the Legislature 70
give power
/ Mr.. MARsuAI.L stated because the Jcsolu,ion cnr
ncratcs all in which the judicial power shall be g.
ted. Gentlemen nay so vary the resolution, as 10
make the effect different.
\ Mr.. IIFNDERsoN said that he still differed from
the venerable gentleman believing tho import of the
language tobe to place the County Cosrts on the
level Of the others.
Nr. MARSHALL referred to the subsequent rart of
the resolution to show that taking the whole in cor
ncciion. II bore out his construction.
{ Mr.. POWELL said he should not take any mart in
the debate, but that there some peculiar c:.-
>, cumstances operative upon his mind which il was
l:s duty To present to the Committee. He admitted
the existence Of defects but expressed his belief
that the Legislature could remedy them. lie should
vote against the amendment under this imprcss;on
lie stated that owing 10 the ndisposition of the
Judge, the whole Of the business of the County of
Frederick had been done by the County Court. lie
Ind seen the business done WE'LL ard had seem on
the bench Judges who had the Federal bench
and other lawyers of Acknowledged talent He said
that there were inconvCncnccs md objections, bur
the Courts had done their duty as far as he could
toll from Inns own knowledge; although there wCrc
functions which they exercised which ought 10 lG
transferred to other hands, but this could be- donn
by the ordinary Legislature of the Country. Thee,
opinions were the result Of his ubscryat n in
= County adjacent TO Loudon. The evils which cX.
1T ~ Lordon are attributable 10 the peculiar cha.-
accr of the population The population vi Fred, r
ick arc OF the old Virginia stock that ofIoudun de-
rived greatly from cmigration valuable IT u.s. but Ci'-
, icrng IN character ron that OF Frederick. Wcrc
1t not So how is y that between Frederick and Lou
don, ecpdratcd ony by river and mountain, there
ChOu!d be such diff renee? LIE had prgciisCd Cl.
LoudOn, and had seen tic most GistiugUslCG men il,
Che County Court bench the Loc's, Ma ns MGR
,.,-t =. -. 81 IL. III