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

gpvernrent.-Int the second section. uf he HIl of
Rights 1t IL declared "tha all rover is vested in n,
consequently derived from the people. - Although
this principle may be carried into practice to all The
Other officers of tho State vet it is totally disregard
cd IN the rode IF appointing county conr, Maris-
tratcslnStcad OF Justices of the peace in VIRGINIA
deriving their powers from tte people, thcv are to-
tally iHdepeRdcm 9f he people for their appointment,
TO, or c. nnuunce in Office. 1iIe Justices appointed
under the Regal Government before the Hevolu,ion
were continued IN Office, and they have continued q,
supply vacancies in their body as completely in
dependent OF the people n Pi,gni1 lis is the Auto
crat OF all the Sussias know that ,nar,v Justices
OF the peace, themselves consider their mode If no
I'oiltEeat highly ohiecic nable and bev y,nn,d
willingly sec different mode adopted for the future
] am aware of the difficulty aud perhaps imposs;
0Hy of suggesting any mode Of appointing Justices
OF the peace different from The mode 7,uciiscd u, The
oid Constitution, which would be accountable to q ma.
iority o his Concention-and gerhons il wouIl III,
but to leave that matter entirely to the Legislature:
and it any mode of appointment were adopted by the
Legislature which was found not to well il,
practice" the present method could be restored. or
such other adopted the wisdom OF the Legislature
might suggest:-whereas mode of n,pontnlcnt
prescribed IN the Constitution could not be al
tered by Legislative enactment. The mode of an
pointing Shcrs seems to be so nearly connected
with the county court sys that if one be referred
to legislative CONTROL 1t would, p,obatiy he best to
refer the other to tic same powerful Justices OF the
peace arc TO br appointed and compensated as at pre-
sent, matter of course the appuintmrnt ,f
Shcrits must devovc thcm but if different
mode OF appointing and compcnsanr Justices of The
peace he adopted either in the Cons; tuition or nv Law,
then the Sherifs ought TO be elected by the peoples
and 1t would probably, he best, au6c1 eas,ing cir
cuhS'nnces, 10 confidc the whole matter TO the Ic-
g'iature, who might from time to time chance any
regulations which might be a'orfnh as experience
ni"hs prove to be necessary on both subic Is.
| MIR. T. L: BAnBoUR said he rose after practice
OF 20 years before these courts, to bear testimony
to their integrity and usefulness. His attachment
to them had grown with his growth and STRENGTH
ehed with his strength. lie would rather part with
any portion of the constitution, than the county
courts He referred 10 the fact that jurisdiction
now exercised was such as to induce gentlemen of
/ responsibility TO sit on the bench The rcspccta-
bihy OF the bench arises out Of The mode of their or
ganIZa'lon He stated that he told fifteen years
ago by one OF the most distinguished members of
Congress, that he believed the county court system
OF Virginia had great political effect upon the
people lie stated that ut their monthly meetinns
they had opportunities for the discussion of subject
connected with the political government of the
state
Mr.. BAYIY snid he did not presume to nut his
| opinions IN conflict with those of the gentleman
who had Just spoken. But he wished TO shew 10
the gentlemen, that there is difference of opinion
among eminent men on this subccr. He read an ex-
tract from Mr.. Ieersons opinions against The. sys
tenn He said that the knowledge OF Mr. Jefferson.
whose eye was upon every part of the State, on
this subject, was equal that of any man. He
wished to break up the system of intrgues which
had originated IN the county court system
! Mr.. GILES said the county court system forms a
part OF the present Constitutions and if the gentle.
men strike out this clause, will not be an indication
to the Legislature that they are considered useless
The gentleman who had made this motion. used an
! argument which went 10 the demolition of the whole
system: sut he was astonshed to the quarter
from which these opinions of lIr. Jefferson are now
brought Before the committee. Gentlemen who
have been accustomed to nndervalue the opinions Of
Mr.. Jefferson, and to SGT them down as not worthy
! OF consider alton, now press these opinions upon us
rs infalable.
Mr. Bayly asked ifthc gentleman referred to him;
| MT lilies SAID he made the remarks more nener-
any put ne heheVed that that gentleman had pot uni
IorIniy been an admrer of AIr. Jefftrsons opinions
lie made few remarks on the county court svs,on
re believed that our government was republican,
aIhousn the powers are not very exactly cd
among the Legislative, Judicial and Eyecut;,,a do
partlnents, but are kind of nliruur gatherum lie
referred TO the publcatio. of the Constitution OF
the u States since Mr. Jefferson threw out his
IONS. lie also stated that the powers ofthe Senate
were Executive. Legislative and Judicial md tbaf
ne had sat himself there as Judge He checked
the spirit which prevailed immediate to pull down
without being satisfied that any thing better could
De Quilt up IN the room. He spoke OF the character
Which had arisen from the existence and oDerafinn
OF our Constitution for 81 years IF we let II o ON
3D. years longer, shall find that our char3cte r
VIII be still more distinct one II would DO seen
that III all the trahcking and bargaining which had
4atey been carried on il Congress-, no one ever m
preached u Vlrgiuan -becaUse he was n Vironian
MT. BAILY said nc never knew that blame was TO
attach to man who had changed his opinions and as
he gentienaan who had Just taken his seat, was al
waysa cordial supporter Oft these opinions he would
have supposed that he would have been plensed to
see INN (Mr b. come over to him. lie stated that
ne was NOT one Of those who took much pains to
place his opinions before the people, as = ne other
gentlemen were. He referred to the past course Of
the gentleman, in order to shew that lie was not on
treIy so consistent himself He then stated that
Ills own county was not so well situated as That of
inc gentleman. 1t had none of the schools which
inc gentleman had always been so ail5;iousto estab
ilSh' IN order to produce great minds. The gentle
man had IN former speech said these courts are so
pure that rich man could not attain Justice there
ia rch man could nnt,a poor one cannot. and he
would not sustain such court. lie heard the rem
tleman bring forward the U. S. government on ev-
cry occasions; and stated that he would himself have
me county Courts in one respect like the Senate of
the .. States. He would not have C,onn,, Cn,,ri
inagi5' rates for life, the State of Virginia had moi
mad her Senators in he u. S. Government for life