Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-09

in the discussion of THIS subject; aud that he would
certainly, have declined 1t, had not the gentleman
from Chesterfield, (Mr. Leigh) gone into argu- 4
ment last evening after he, Me- H. had i'll order to
the time of the Committee, proposed 20 waive il
further debate; Mr. I'll. stated that, IN moving to j.
strike out the Nords "county courts and to insert
Justices OF the peace, it was his wish vest the
judicial power of the Commonwealth, in the court of
appeals, the superior COURTS meaning the general !
court, the circuit and chancery COURTS such sub
stitutes for them Legislative wisdom might devise,
and i'll the justices. Thus the county courts would,
like the chancery and circuit courts be alterabe
the Interests of the State required The gentleman
had asked iii was the policy of the friends of the
ton to distinguish the court of appeals and place it
above the control o. the legislatures? Surely, said
MIR. IL no lawyer of experience will require argument
to prove that the supreme appellate tribunal of the
State should have its foundations firmly laid in the
organic law. It's clear that such is The result of any
qcren Constitution. If the Legislature overstcp the
limits of the Constitution there must be tribunal
decaret its acts invalid it would be mockery place
this tribunal at the mercy Of the legislature; soil
cisn n politics. From this reasoning the supremacy
OF the court ot appeals arises; and the gentleman from
Chesterfield will be the last controvcrt the
reasoning or to deny its consequence. Here all
agree-Farther, in giving constitutional conservation
to the courts 1t appears to me we are forbidden by
wisdom and discretion to go The great principle OF
policy which Funds and shields the court of appeals,
has sort of application to the other courts; and,
least of ALL to the county courts The general court
which decides ultimately the life of citizen, with
the aid of jury, and the superior courts OF chancery
well as law, the language OF gen enen,
to be subjected ''to the within of the Legislature,
while the county courts are to be placed beyond
its reach. Is this wise? Is it consistent? Is 1T not
sighting the superior, and nursing the inferior:
What, in the nature of things, in the merits ofthe
subject justes this inversion of he order of reason
ing and political action plain who eStlma
ted things according to their actual compar atvc va
Iue, would be surprised to hear learned gentlemen
consigning all these great courts without hesitation
regret, to the ordinary Legislature while they de-
cared the county courts too precious for its touch,
too sacred for the operation of the discretion of the
Legislature, the Judgment of the people. In all
this, think discern the influence of habit, and
the deiusion of pre- JUDGE.
The gentleman, said Mr.. H., treats the proposition,
which have the honor to submit, If direct
y to the abolition Of the county this is not true;
and the committee ought not to regard it. pro-
pose these stand where their siperiors
stand, tie disposal Of the Legislature The pu6
Tic interest may require 1t is due candor to say,
that am decidedly of opinion, they ought to be abo
ished; but the question of their continuation, abo-
ltion, merely sought by our plan, to be left opens
while by that OF opponents the hands OF the Le
gislature TO be always tied, whatever may be the
of public opinion, whatever the .xigencies of
the State, in all future time, may require. Compare
views farther. We say if these courts good,
and the community prefers them, the Legislature,
which speaks s voice, will retain them, if bad 1t will
change them. What is tie language of
opponents? Z" Consecrate them. tain them
forever. Silence public opinion the ubject' Is
not this tac admission, either that the courts will
fall by their weakness, that the people not
to be permitted to judge for themselves in this behalf?
The organic law ought to be simple; 1t should estab-
lish and sanctfy great principles which now,
always have been true, always must be true,
bracng details only may be necessary to car
ry those principles action. All t.a rest is fair
and proper suoJect for the operation of public opn-
ion and the public interests new lights varying
circumstances demand notifications changes.
Gentlemen insist that these institutions the fit
imaginable; that they full of WISDOM their
decisions are oener affirmed by the court of appeals
than those of the superior courts Of law and equity
Let us examine this matter.-A man cannot make a
boot, give opinion lawyer, build house, in
short do nothing which requires skill and know
department, in
sruction Yet law, the most difficult of all Sciences is
be seized by intuition. Men to be born judges,
they said to be born poets. j should be glad
to know, sir if gentlemen would test the sincerity of
this decla ration by taking the opinion of an ordinary
county court Justice, rather than of the gentleman
from Chesterfield, when their farms at stake =
That gentleman told u.s. the other day, that his child
wassick. take leave to ask him question. Did he
send for Justice of the Peace, Lawyer a Car
penter to prcscrbc to the interesting object of his a
fections or did he call in Physician? skilled,
studied, practiaed in the healing art? The an-
sWer is easily known. Such, Mr. Chairman, is the
difference between the speculaons and the conduct
of ingenious gentlemen. But the argument IN favor
of the superior capacity of the justices proves too
much; else courts radically wrong in their
structure IF they thus wise, why have any
superior courts appellate courts ut all? Why
rest all our rights upon their decisions at once and
avoid the vast delays and chrrges of appellate itga
ton? Surely ought either to do this, TO make
them the court fappeals. For if be true that the
less Jaw man knows the bettcrju he is, the Ma
istrates are certainly better judges than those who
sit the bench ofthe court of appeals But sir, it
true that the court OF appeals atirms of the
decisions fhe justices than of the superior COURTS
for of twenty decisions g Inc county courts that go
to the superior courte of law and chuncery, not
more than one is taken to the court of appeals. And
this is he solution of The paradox will add that if
the INDICTMENTS OF nv old and able friend now
prevented by the visitation of heaven from continuing
to the 9th judicial circuit his useful talents, had
been reversed by he court of appeals if those of
the chancellor who advunageously in that
quarter ofthe state, to meet a similar fate the
bar of the country would doubt while it submitted.
Again, it is urged that sound policy persuades
to respect the abitudes, and the very preIudces Of
people. Admit it; is not this appeal rcerabe TO the
Legislative body rather than to the convention. Gen
tleuen assume much when they suppose the peo-
pic Of the state are 80 welded to these tribunals;
IL -L.nrc - ...,.- -.