Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-12-04

ipiuousto strike ie@ ploseie eihOusS III sy should
not only portion o on. iurrnaence eys an N
internal police lie would shy no part OF the Unc
the neishLorhd, and where there is quiet aud har.
ony. Your bes, men stationed throughout the State
which all this tranquility and good order he attributed
=. Mr., JoTNEs spoke IN Substance as follows, -
Mr. CHAIRMAN: In rising TO support the motion of
my colleague, 10 strike out County Courts" from
the first Paragraph OF the first resolution rcpor,
ted by tue Committee on the Judicial Department OF
the Government, regret that under the nrccs-
sity of endeavourng 10 SUSTAIN opiuion contrary
TO that which has Just been expressed nv the vencra.
BILE gentleman from Richmond. (Ch:cf Justice Mar
shai) The opinions of that gentleman are entitled
TO great weight not only in this Convention. but
I throughout the Cnited States, on every subject on
which his opinions Expressed; end am sure there
Is no man who feels respect for those opinions
than the humble individual who now addresses YOU.
But in political matters, cannot feel such high re-
spcct the opinions of any man, however exalted by
Character or talents, as implicitly TO adopt his opn-
ions Twill attcntvcly and respectfully listen 10 the
arguments of those who differ from me- and / must
then decide according TO the honest dictates of my
\ own Judgment, humble as it may be- on view ofthc
whole ground.
The genilcman from Richmond has told the Com
mtee that if the motion TO strike ont county co,.ri.
'front.' the first resolution reported by the Judicial CuIr
mt'ee be sustained by the vote OF Che Convention il
will totally destroy the county conrts. But with al
myrespect such high authority cannot so under
stand the effect of sustaining the motion Of my col
reported by tho judicial Conmiii &C., in these words
Resolved, That the Judicial power shall be vest
ted III Court OF Appeals, IN such inferior Il:
the Logisla sha II from time to time ordain aud es
tnll,sh, and IN the County Courts"
The motion is TO striSe county courts and not
wtstandlng all my respect for the contrary opinion
expressed BY tho ChefJust c. Cannot avoid the con
cusion that the morton 20 riko county courts
prevail 1t will still be entirely competent to the Irpis.
iature, they thin proper TO do So to retain the couu
~ conrts precisely as they organized and tC
.
terred upon them by law. II the Report of the Ju.
dcia Committee be adopted, the existence of the
c'lny Courts organized, will forever be pla.
ccd entirGly beyond the reach OF cEisatiou whcrea.
they be stricken ont OF the report, they will not be
thereby abolished, bat will DC sub ected the power
/ OF the LegiSla ure, who may continue thSn or not
or Change their organization a past future expert
encc may render ccsSaty.
In supporting the motion strike out county courts
from the report Of the Committee | am not aciuated
D. any wish TO destroy these courts. Very far from
II | think It would be unwise either to destroy or
retain them 0y constitutional sanction; but my wish
is To subject them aud all the other Judicial tribunals
OF the Commonwealth 10 the unlimited control of the
legislative power which may from time TO time esta.
bliSh modify or abolish them experience may rem
der advisable. Great incOnv has heen here.
J toi0Te experienced in this Commonwealth under the
old Constitution, from the Judges of the General
Court and Judges IN Chaucery, being named in the
present CONSTITUTION, and which has been genera ly
SO construed as to prevent the Legislature from
c0nierrIng chanceTy power Judges of the General
Court 1t my wish to leave the Legislature uncon
trC-led power to act on The subject from time
TO time, as the public good may require.
! have the authority of the gentleman from Rich
mond, himself, Tor saying that The Constitution ought
not 20 go too much into detail but that unlv general
principles should be established la the Constitution,
and It should be left 10 the Legislature to act upon
those principles, and carry them organizing the
government under the Constitution. The Cuns,itu.
ton OF the United States dec!arcs that 1.-THE iudci,
power ofhe United States shall be vested III one Su.
nd ms 81, G..
greSs may, from time time, ordain and establish
and under that Constitution it has been found neces-
saFy al GiteFent times to change the organization OF
the courts wish to give similar newer, IN tho q.
glSatuTe over the courts of Virginia; and M obiec
ton 10 the report of the Legislative CommitteG -
mat the county courts at present Organised arc
proposed to be retained in all future time and under
all possible Gil cumstanCes, whatever may no tho onn
ION OF the Legislature of the DC op on Io ,b;rct
founded upon the experience of past and future
Inc county courts may be necessary and propcr trI
ouhuIs now ana might hereafter be rendered unne-
cessary or improper by different organization of the
courts OF the Commonwealth, or by a chanpe IN tho
opinions Of the people relative to those courts
Onder the present organization of the courts of the
Commonwealth, we have Superior Courts OF Clan
Gerry and Superior Courts of Law; and imagine gcn
tlemen will agree that those courts arc as necessar,
as county courts And if it be necessary TO retail
county courts IN the Constitution, so as to rende
them independent OF legislative CONTROL why not al
so retain Superior Courts of Chanccry and Common
Law by Constitutional sanction, [ can sec no ron
son to retain the any than the others in Tia
constitution IT 1t be safe to trust the Lcgisatur,
with control over the one it appears to Inc that tho,
may be safely trusted with control over the other
II county courts be stricken out Of the resolution
"iI they he'e6y be abolished any more than Supe
pcriOr Courts Of Law and Chancorv which n yo ~,
enumerated IN the resolution BY striking out coun
~ courts rom the resolution, they well os the ohe
courts, VIII stand precisely upon the same footing nm
WIN DC continued OF abolished IN the wisdom of TIM
Legislature may seem besti and II the county court,
possess the confidence the people in the State pen
eraiy, we may .aiely rely their being continued
ny VIC LegsIuture ana II they have not that conf
. dcnce they ought not u be continued.
The report Of the Judicial Committee PROPOSES q
u leave the powers and jurisdiction Of tho difcren
i courts 70 BE- regulated by law-and If II be pruden
10 give 10 the Legislature unlimited control owe, i
q organization OF all other courts and over the juyis
dtcon dnd Pooers oftbc county courts az well as t
oiher courts oi the STATE, where be the nccess
OF retaining he county courts, eon7nle in tho Con
= sttutlom As the resolution stands, the count
Il courts are 70 be retained ~ al cyeu's and set nm