Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-09

OF yesterday he OF course dlu not vote IN he mega
ve but he did not hesitate 10 say, that he must then
have voted without due consideration. IL MAS suth-
cent for him 10 reco, that the provisions oil the pre-
sent section were similar to those In the Constu,ion OF
the u S.-aud where was the necessity OF holding up
a candle To the noon-lsy sun? or OF calling for. the
meaning of words, which had been interpreted for
forty years pAs
Mr. Powell asked il the expressions used in thesec-
ton before the House, did not necessarily imply Ju-
r>v ion in the Judge, t. mselves. These very tel N.
t'rms ives vest Judicial iower in the Courts ana
rely they did equally 50 in thu judy He consider
ed her, fore, the ndent only perfectly un-
necessary; but he objected it, because might b, so
construed as TO make the Judge constitutional agents
az well as the courts themselves. lie surely did not
wish TO restrain the Legislature from coma de abolish
ing the Courts, when the public interest imperiously
required because he hoped whatever hal been done
in another State, that the Legislature oil Virginia would
never lar forget dignity and its duty; would ne.
become debased, 10 strike the tenure Of
tie Judges BY the abolition Of their courts. For his
pIr, he thought that the amendment adopted yesterday
had entirely superseded the ssy OF the o-e
pro- osed.
Mr. HENDERSON suggested, that the House had RI
ven leave OF absence TO seven of its members; and
mong them 10 the Chairman Of the Judicial Committee,
aud asked whether il not better waive the pre-
sent discussion aud have recess until o'clock.
MIR SrANARD rose 10 exl hi. pi ice the
marks ti he gentleman from Frederick, (Mr Powell
IL hlled him with amazement 20 hear that gentleman
say, that II was perfectly clear, when The jurisdiction
was given 10 the Court ITSELF il also given the
func'ionares OF that cou:t.-IIe would k him as a
p ac zeal lawyer, il il has never so happened % him in
the course OF Ms practice, TO have 10 interpret act
OF Assembly, whC cort.in powe Q courts, when
the question whether the Judge could also ex-r.
Gle power except in open court. Is it rot possible that
is question was never brought before him Court Of
Chancery! IL II not an established rule that certain ap-
pea's may be granted in open court which could not b..
done by the Judge in vacaonl The language of the
VS. that unless in cases provide for the iunciiona
ries may act IN open term time, va
calion-And yet the gentleman from Frederick saws il
Is perfectly clear, You give jurisdiction 10 the Court
seI you NUT also give severaily to the Integers
w he ~ ifsalE Wl,,tt La. f.
Constitute the cour,' But if this doctrine be true is il
not equally true, that il the jurisdiction be given TO
Judge IN term time, 1t may he exercised by him in va.
cauon!-And why (Mr. j. asked) are we SO careful in
the hrst sentence OF this section, give jurisdiction 10
justices Of the Peace? Why discriminate between
lhe County Courts" and justices Of the Peac-"!-
The genileu an from Frederick says that il Jurisdiction
be given 10 courts, il follows a necessary cops,-
quence hat II must he vested in the Judges True;
on. hoo vested IN them! Oy as members OF shat courI;
but not as Integers OF the cour-Mr s. said he wished
10 remove all doubt by the amendment he had ofIe
ha jurisdiction was given 10 the Judges in vacation
wen "a IN term time writ of habeas CO, is TO be
sued out, Tor instance; he wished il to be I'm
whether power could be given 10 the Judge TO sue
IT in vacation.
Mr. POWELL rose in reply, and expressed his regret
that any thing no had said should have filled the mimi nj
the gent from Spott.wh amazement But he was as much
amazed at the gentlemans argument after the conce,
sion that gentleman had made He had allowed that if
jurisdiction is given to Court il is given TO the JUDGES
oil that Court If where could be the nece.sifv n,
vcsting jurisdiction in them by separate clausei cui
bono: Why reiterae what had already been declared
unless II was TO give separate Jurisdiction tn Judoes
whether in term in vacation. If this alone was tbe
object, il was laudabe but il could be fully attain
ed by the effect of the amendment offered yesterday
giving the Legislature power the Jurisdiction of the
Court and of the Judge. That amendment completely
superseded the necessity of this one IL declared that
the Jurisdiction OF the Judges well of the Court
should be regulated by fd,o Did this nut il i'm the
power OF the Legislature TO declare that the Judges
might have separate jurisdiction for duties out of Court,
Might not the Legislature declare that Judge of the
nj tsrht in,
lie appealed TO the gentleman himself if the amend
ment adopted yesterday, did completely effect tbis
object il it did not his not perceivng such TO be the
TACT was, he supposed to be attributed TO the
OF his intellect else 10 the of his accustomed I'm
cdness OF argument in the gentleman from Spots yvana
House took recess till l o'clock.
Alter the recess the House having resumed its SCI
sion,
Mr.. MADISON, from the Select Committee TO whom
had been re-committed the 81 and 4h Sections of the
amended Constitution made the following Report:
Ill. One OF these shall he called the House of Del.
ega'e' and shall consist Of hundred thirty
members, TO be chosen annually for and by the
counties, cities, towns and borou CHS of the Common
wealthy whereof thirty Delegates shall be chosen FIR
ana by the twentysx counties lying West of the AL
leghany mountains; twenty-five for and by the four
teen counties, lying between the Allegh any and Blue
Ridge OF mounlans fJrtyon for and by the twenty.
nine counties lying East Of the Blue Ridge of
and above iide-water; and thrty-six for and by the
counties, cities, towns aud boroug CHS living unon Tide
water, that is TO say OF the twenty six counie. living
" est oi hHcSnany, lne counties OF Ill Mo
mongolia, Ohio aud Washington, shall each cleo, two
Delegates and the counties of Brooke. Cabeli, GRAY.
son, Greenbrier, Giles. Kanawha. Lee Lewis Logan
Mason, Monroe Montgomery, Nicholas Pocabontas
Preston, Randolph, Russell, Scott, TaZewelI TYLER
Wood and Wythe, shall each elect one Delegate OF
The fourteen counties lying between the Aegany and
Blue Ridge, the counties Of Frederick and Shenandoah
shall each elect three Delegates; the counties of
Augusta. ID rkely, Boe;ourt, Hampshire JeiTrson
Rockingham and Rockhridge, shall each ct two Del
egates; and the counties of Allegheny, Bath Hardy
Morgan and Pendleton, shall each elect one Delegate
Oh the Twenty-Five counties lying East of The Bue
Ridge and above Underwater, the county of Loudoun
shall elect three Delegates; the counties of AlhemarIe
Bediord Brunswick, Buckingham, Campbell, CuIpep.
er, Fauqner, Halifax. Mecklenbu,g and Pi,tsyiyania
shall each elective Del~gates and the counties of A.
meta Amherst Charlotte, Cumberland, Dinwidde
Fiuvanna, Franklin, Goochland, III nry Louisa Lu.
nenburg, Madison, Nelson, No!towsy, Patrick, Pow.
batan aud Prince Edward shall each elect one Dele
gate. And OF the coune,, cities, towns and borouobs
lying on uds-water, the counties of Accomack and
Norfolk stall eaah elect two Delegates; the counties
OF Caroline, Chesterfield, Essex, Fairfax Greeayille
Gloucester, Hanover, Henriro. Isle of Wight King e.
Queer, King William, King G. ege, Nansemond Nor
cumberland, Northampton, Princess Anne prince
George, Prince William Southampton, Sp,us vlvana
Stdhrd, Sussex, Surry and WestmoreanI and the ci.
~ OF Richmond, the borough Of Norfolk and the town
OF Petersburg, shall each elect one d. egate: tba
counties oil Lancaster and Richmond shall together q.
Iect one Delegate; the counties Of Matthews and Mid
dIesex shall together elect Delegates The counties
oil Elizabeth City and Warwick, shall to 2, ther
one Delegate; The counties of James Civ and Yo,k
ana the city Of Williamsburg, shall together elect ono
Delegate; and the counties OF NV Gent and Oh ,rles
CITY, 'haii together elect one Delegate.
Nv. Strike out from the word counties" in The
tWenty-ttll line, TO tile end. nd nsp,