Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-03

tina, of Jo.ce OF the Peace, ought to be Included n
the Commission Of the Peace.
MIR. :. explained and de Tended his amendment OBJ
Ject;ng to tbs power OF taxation deposited with thu
County Courts, and also their pswer to ill the vacan
cies in their own body II these two features were re
moved, he shonld desire the County Court system q
continue: u not. he should be opposed TO giving Them
Constitutional psrpetuiiy.
The amendment referred to the Committee Of III,
whole, and ordered TO be printed. =
The House then went into Committee of the whole
Mr. STANARD in the Chair,
Mr.. BAYLr explained more fully the ground he hst
taken yesterday in reply to MIR GILEs referring NOR,
At large TO the opinions OF Mr. Jefferson EXPRESSED II
conversation shortly before the Staunton Convention
Mr. b. then went into explanation Of the course he
had taken during MIR. Jefersons administration she w.
ing how far he had approved. and what points he
had dssencd from MIR. Jefferson's policy
Mr.. HENDERSON considering the uestion in reia.
ton to the County Courts OF minor Importance in
comparison with The great que stons of Rrpr-sepstion
and the Right Of Suffrage, moved pas over for the
present the report Of the Judiciary Committee and take
upthat ofthe Legislative Committee.
Mr.. IEIoH remonst ated az anst this course az the
gentleman who was 10 Till the place of MIR MENNrs
had notyct arrived. and another gentleman on that side
OIL House was absent.
MIR. HENDERSON TO mcet this OBI c,ion oH rcd him,
self TO Withdraw, should any vote be taken
TO settle important AMI controvertcd questions which
would balance the absence Of the new delegate:
as TO the other case, absences would always be oc-
curing on both sides, and furnished no lust cause
for delay He hoped they should proceed to take the
question without much debate after the authors of the
severa, projects had been heard.
Mr. LEIGH obj cied assuring gentleman that no
turning question would be taken without much and
strenuous debate.
MIR. COOKE was also opposed 10 the me. ION of the
gentleman from Loudoun. - a.
- Arer remark or two from Mr.. HENDEnsoN. the
question wis taken passing over the Judicial report
and nega'ived. Ayes 81.
Mr.. DoDpRrDoE confessing his mind TO be so much
Sngrossed with the more important questions pending,
that il was with difficulty he could bring to the sub
ject before the Committee, moved an adjournment
But the motion was unsuccessful-Aycs IS, Noes 49,
: The Committee then returned TO the consideration of
the Report of the Judiciary Committee and the question
still being on tho mo ion Of Mr. Bayly, strike ont in
the LIST Resolution Of that Committee, the wor.s and
the County Courts" r.1
Mr. HENDEasoN took the noor in reply to the re-
marks OF Mr. LEIGH yesterday, and went at large into
discussion Of the objections to the County Court sys
TEN, as at present existing.
eve shall present his Speech at lengthy
Mr.. Scorr bore favorable testimony 10 the respec-
liability of those Courts in Fauquier County.
Mr.. DoDDRIDGE next addressed the Committee near
ty as follows:
mean not to into the argument of tho PROPOSE
too nor to say whether the County Courts Dug TO be
abolished or not That has been done by Others
and Is not properly under consideration; but the
true question is, shall these Courts exist indepen-
dent OF the Legislative WILL and above that wil' or Shall
the General Assembly have power over them? The
other day gentleman this floor, described race of
politicians, who arc OF opinion that each has pa
tent right TO be wiser than his father. But neither
that gentleman have any confidence in such poll
ucians have as little in another order of statesmen
every person who shall follow them in ie or in office
ain not certain what my constituents would do with
these Courts, if il were left TO them retain put them
down. do not know their wishes on that point but
do know that they desire them to be placed within the
power of the General Assembly. Should the public
will sustain them, they will be sustained and other
wise not.
Doubtless there arc matters which should be unalter
ably laid deep in the foundations of the Constitution
such arc the departments oigov ernmen- division of
their powers, and reasonable degree of judicial indie
arr from tlao
OF which the Legislature ought 10 be restrained At no
Time should an post fdcto law, law npairing the
obligation of contracts be passed. any provision for
the writ of hdbeds corpus in time of peace
or taking away the trial by jury, in criminal cases.
The County Courts are inferior tribunals, and to place
them on Constitutional foundations is suppose that at
no future time and under possible circumstances
will 1T be wise 10 change them for other establish
,nents suited to the tines and by placing these
Courts above the General Assembly, we put them be-
yond the tomrou oil the people, and should not do
this, unless satisfied that the judgment OF pos
teri,y cannotbc safely trusted NEEDLE with even Co
ty Courts hope therefore, they will be left within the
scope OF Legislative power.
pr, MARSHALL wished TO offer a few observations
merely with view TO put gentlemen Tigh, foot.
ing, 10 the nature OF the question. They spoke OF
the county a, if the report OF the Legislative
their existing orm and with their present powers.
They speak of tie unhtness OF those courts for all the
dcion hey possess; AMI if they prove, think
that they that the present Organization OF those
eourts, be improved they think they have thereby
proved that this clause ought To he stricken out Bat
the whole jurisdiction of the couu'y coifs H. submitted
70 the Legislature; the Legislature MAY take away
whole OF IL, and leave them TO exist in form only. What
injury will ensur? salaries will he taken away. The
form Of county court will be left i'm existence, hut
without any power. Can they do any injury But.
ii they TO he nominal, they cease TO be real.
While they exist. they capable OF receiving any
jmisdction tbe Legislature may choo 10 give them.
hut IL they do not exist. they lave jurisdiction.
Gentenieu therefore, mistake the question. aud speak
To a matter not before the Committee, when they shew
that these courts he modified to advantage Some
gentlemen are opposed the mode of appointment IN
these courts; !ui that question is not before the
mittee. Fer myself prefer the existing mole, o;hrrs
may differ from me. Let the mode Of continuing them
he changed stl the courts th.m-eives will be presetv.
ed. We have no; reached the resolution which pro-
v,es 70, that; when shall reach IT, il gentlemen wish
the general system preserved but the mole oil alp
pointment changed. they give their opinions then
] hat question is not now before the sComElil,er.
The only question IL, whether the ior,n Of The county
courts shall bo preserved. When gentlemen say
Il at 10 strike this clause from the resolution amount
10 nothing, ami, that the courts nevertheless my still
be preserved, beg leave 10 repeat, thai II the form of
the resolution remains and yoh strike out the word"
F" and the county courts" You tax away from those
courts all capacity to receive judicial powers AMI d. not
leave the Legislature power 10 vest in them any urs
dction speak OF the resolution il stands. IL
may indeed he altered 80 TO leave all the jurisic
ton in the power of the Legislature, aud wish they
would suggest such an alteration. But az the res0lu
ton is now drawn if you strike out this clause, you
leave The county courts incapable Of receiving any ju
dciai power whatever You enumerae all the trbu
mails which to possess Judicial power and tihnnals
moi in The resolution, have Let he recOl
lected that all the various services performed by these
courts and which were enumerated by the gentleman
from Chesterfield (Mr. Leig,) are portions OF Judicial
power.
Mr. DopDpfpcr asked what K was that rendered IL
.bIe that these courts could receive judicial pow
al. of fhpra zoe