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

tine; aud ct Us also Ok aud cstabislrt their seyeral
powers and MISUNDERSTANDING, Mr.. Chairman.
willingly and unhcsitatingiy bsSar testimony. with
the venerable gentleman from Richmoud. TO the In.
.eSrty and iDtpa,fGGty of the county Mnris-
rates permit me TO say that consider Meir mode Of
opontnaent as entirely opposed tho principles of
our gnvernnenIn the second SECTION at the Bill of
tights Is declared shat al power is vested in and
consequently derived from the people Although
ns prncp'c inny be carried into practice all tile
oer olhcers OF tho State, vet is totally Disregard
co IN me mode IF appointing county court N[aris-
rates--instead Of Justices OF the peace i'm Virginia
u "n their powers from he people, they are
.aHy "t~cPe"de"f 81 the people for their appointment
TO- or ctnuancs az office. The Justices appointed
under the Regal Government before the Revolution
were continued IN Office, and they have continued to
supply vacancies IN their own body as conplcc lv IN
dependent of the people Of pirgin;n as is The Auto
crat of all the Russias know tina, many Justices
OF the peace, themselves, consider their mode Of M.
PoInn"sm as highly ohjec'io nable, and they would
willingly see different mode adopted for the ru,rr,
/ am aware of the difficulty and perhaps insDossi
Ohty OF suggesting any mode of appointing Justices
ot the peace different from the mode pyoctised in me
OFT C'asthutlon, which would be accepta bic to n ma.
lority OF tbs C0nveation--ind, PERHAPS il would he
but to leave that matter entirely the Legislature;
aud II any mode of appointment were adopted by tho
Legislature which was found not to answer well in
practice, the present method could b. restored or
such other adopted as the wisdom of the Legislature
might suggcst;-whercas n mode of uppointn mt
prescribed IN the Constitution could not be al
tered by Legislative enactment. The mode of an
pointing Sherifls seems TO be so nearly connected
with the county court sys that If one be &c erred
10 legislative control II would, probabiy, be best TO
refer the other To the powerIf Justices of the
peace are To be- appointed and compensated ut pre-
sent, as matter of course the appointment of
Shcrihs must davo!ve them; but it different
mode of appointing and c0EpeasGtng Justices of the
peace be adopted either in the Constitution or by law
then the Sherfs ought 10 be elected by the people;
aud It would, probably, DO best under eziStina cir
cuirSGaccS, TO con:idc the whole matter To the Ir-
glslatnrc, who might from time to time change any
Ia flltn. llfrh YaIsrlN 10, 4
might prove 10 be necessary on bolh subie. Is
Mr.. T. p. BiRuuUR said he rose after practice
oil p years before these courts, TO brnr t,st,nouv
To thor integrity and usefulness. His attachment,
10 Them had grown with his growth end strength
ened WITH hs strength. lie would rather part with
any portion of the constitutions, than the county
courts lie referred to the fact thit jurisdiction
now Exercised was such as to induce gentlemen NJ
resp ctability 10 sit on he bench The rcspcc,n
hiy o. tic tcnch arises out ofthe mode of their or
gInza'ion. He stated that he was told IF cen venrs
=" by one of the most distinguished members OF
congress, that he believed the county court system
OF Virginia had n great political effect upon the
people. He stated tlat at their monthly meetings.
they had opportunities for the discussion of subjects
connected with the political government of the
state
Mr.. BAYIY said he did not presume 70 put his
OPINIONS III conflict with those of the gentleman
who had Just spoken. But he wished 10 slew to
the gentlemen that there is difference OF opinion
among eminent men on this subject. He read AN ex
tract from Mr.. Jeiiersons opinions against the Sys-
TEN, lie sand that the knowledge OF Mr.. Jefferson,
whose eye was upon every part of the State, on
this subject, was equal to that of any man. He
wished TO break up the system nf ntriuues which
had originated in the county court system
MI GILES said the county court system forms
part of the present Constitution; and If the gentle
men strike OUT this clause will Il be an indication
To the Legislature that they considered useless
The gentleman who had made this motion, used an
argument which went TO he demolition of the whole
system. But he astonlshed to sec the quarter
from sfas,~.. La
brought before the committee. Gentlemen who
have been accustomed to undervaluc the opinions of
Mr. Jefferson, and to them down as not worthy
OF consideration. now press these opinions upon
as iniuablc
Dir Bayy asked ifilc gentleman referred TO HIM
Mr. GILES said he made the remarks more scncr-
ally but he believed that that gentleman had uni
fornly been adnircr OF Mr. Jcfersods opinions.
lie made few remarks the county court syst en-.
lie believed that our government republican,
although the powers not very exactly distributed
among thc Legislative, judicial and Executive dc
partments, but q kind of n.iruuI ggtheTuDl. He
referred 10 The publication Of the Constitution OF
the L. States since Mr.. jefferson threw out his opin-
ions. lie also stated that the powers of the Senate
were Executive. Legislative and Judicial, and that
he had sat himself there as Judge. He checked
the spirit which prevailed innolnte TO pull down
without being sa' isied that any thing better could
be built up in the room. lie spoke of the character
which had arisen from the existence and operation
Of our Constitution for 81 years. we let il 90 on
81 years longer, shall find that our character
will be q still moro distinct one. II would be seen
that IN all the tra1icking aud bargaining which had
lately been carried on IN Congress, ever ap-
pronched Virgnian because he Virginan.
Mr.. BAILY said he never knew that blame was to
attach To man who had changed his opinions and as
the gentleman who had Just taken his seat was al
waysa cordial supporter Of these opinions, he would
have supposed that he would have been pleased TO
sec him MIR. b. come TO him He stated that
! he was not ono Of those who took much pains to
plucc his opinions before the people, as some other
gentlemen were. lie referred to the past course of
the gentleman, IN order TO show that he was not en-
tlrely consistent as himself lie then STATED that
his own county not well situated az Tint of
! the gentleman. II had none of the schools which
the gentleman had always been 20 anxious 10 cstnb-
lish, III order 10 produce great minds. The gentle
man had III former speech said these courts arc 20
pure that rich man could not attain justice there
/ ~ rich man could not, poor cannot, and he
would not sustain such court. lie heard tic ron
tlcman bring forward the u $. government on CIV
cry occasion; and stated that he would himself have
the County Courts Ia one respect like the Senate of