Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-14
GOMWINrTWDMa
SPEECH OF MIR. HENDERSON.
IN Committee Of the Whole. on the subject

County Courts.
Mr.. HENDERSON said, he reluctantly engaged in
the discussion OF this subjec and that he would GER
tanly, have declined il, had not the gentleman from
Chesterhsld MIR Lsigh0 gone into an argument last
evening after he, MIR. II had, in order to save the
time oil the Committee, proposed to waive further de.
bate Mr.. ii stated that in moving 10 strike out the
words "county courts, and to insert ju.tces of the
peace IL was his wish to the judicial power Of the
commonwealth IN the court Of appez-, the superior
courts meaning the general court, the circuit and
cbancery courts, or such substitutes for them as egis.
latve wisdom might dsvise, and in the justices. Thu,
the county courts would like the chancery and circuit
courts be aerabe the interests of the State reouir
ed. The gentleman had asked if il was the policy OF
the friends OF the motion 10 Distinguish the court OF ap
peals and place II above the control OF the
Surely, said Mr.. ii. no lawyer of experience will re-.
qure argument, TO prove that the supreme appelIste
tribunal OF the State should have its firmly
laid In the organic law. is cled, that such 10 the
result Of any tcriffer Constitution. Ii the lie gsature
oversep the limits OF the Constitution there must be
tribunal to declare its acts INVALID it would be mock
cry to place this tribunal at the mercy OF the Iegsa
ture; socism in politics. From this reasoning the
supremacy Of the court Of appeals arises and the
teman from Chesterfield will be the last to contro
vert the reasoning or TO deny its consequence Here
we all agree-Farber, in giving constitutional con,o.
Grafton to the courts. il appears are forbidden
by wisdom and discretion to go. The great principle
Of policy which POUNDS aud shields the of appeals
has sort Of application TO the other oourts and
least Of all, 10 the county courts The general court
which decides al imately the lf. OF citizen with
the aid OF jury, and the sup .ror Of chancery
we'll az law, are, TO use the language Of gentlemen
to be subjected "io the within Of the legisiamre while
the county courts are to be placed beyond its reach
Is this wise? IL il consistent Il il not sighting the
superior, and nursing the inferior? WHAT in the ma
Of things in the merits Of the subec, justes this
inversion Of the order OF reasoning, AMI political acon9
plain man, who estimated thiHgs according to their
actual comparative value, would be surprised to hear
learned gentlemen consgning all these great courts
without hesitation or regret to the ordinary Legislature,
while they declared the county courts too precious for
it's touch. too sacred fr the operation Of the discretion
of the Legislature, or the judgment of the people,
In all this, think, can discern the influence OF habit,
and the dslusion Of prejudice.
The gentleman said Mr.. H., treats the proposition
which have the honor TO submit, as II IL went direct
iy TO The abolition Of the county courts; this Is true;
and the committee ought not so to regari it. pro.
pose to let these courts stand where their superors
stand at the disposal IF the Legislature as the public
interest may require IL is due TO candor say that
am decidedly OF opinion, they Ought to be abolished;
but the question Of their continuation, abolition,
merely sought, by our pian TO be left open; while by
that OF opponents, the hands of the Legislature
TO he always tied, whatever may be the Of pub
lie opinion, whatever the exgencies Of the State in all
hture time, may require. Compare views IA Their.
We say, If these courts good, and the community
prefers them, the Legislature, which speaks lis voice
will retain them II bad IL will remove change them
What Is the language OF our opponents? "Consecras
| them R-tain them forever. Silence public opinion
the subject" L. not tbisA tset admission eithei
that the courts will fall by their weakness, or that
the people to b. permitted TO Judge for the m.
selves IN their behalf? The organic law our hit TO be
simple; II should establish and sanetfy great principles
|
ways must he true, embracing details 90 far only
may be necessary TO carry those principles into action
All the rest fair and proper for the opera
on Of public opinion and the public Interests a new
lights, or varying circumstances demand modihe alton
or changes.
Gentlemen insist that the'. institutions are the t-
test imaginable; that they fall Of wisdom, that their
decisions ofen-r aft med by the Of appeal,
than those Of the superior courts Of law aud equity
| Let US examine this mater.-A man cannot make a
boot, give opinion a lawyer, build a house, In
short he do nothing, which requires skill and know.
ledge in any department, without previous study or
struction. Yet law the most difficult Of all sciences
TO be sszed by intuition. Men are TO be born Judges
as they are said to be born poets. should be glad
to know, SIR II gentlemen would test the sincerity oil
this declaration by taking the opinion Of ordinary
county court justice, rather than that Of The gentleman
from Chesterfield, when their farms at stake. -
That gentlemen told the other day. that his child
was sick. take leave to ask him question. Did be
send Tor Justice OF the Peace, Lawyer OF a Car.
pointer 10 prescribe 10 the interesting object Of his az
fections; OF did he call in Physcians one skilled
studied, praesed In the healing arl The answer 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 the justices proves too much; else courts
are radically wrong In their structure Ifthey thus
WISE why have sny superior courts appellate courts
al a Why not rest all rights upon their decisions
AT once and avoid the delays ADD charges appel
late litigation! Surely ought either TO do this, OF
u make the court OF appeals. For " u be true thai
the less law knows The better Judge he 10, the
sit on the bench Of the court Of appeals But cir, II
not true that the court Of appeals strms OF th
decisions OF the justices than OF the superior courts for
oftwenty decisions Of the county courts that 20 thu
superior courts oflaw and chancery, not than
taken to the courts Of sPpeas And this is tho solu