Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-12-28

in the form OF an OF Judgment bearing
date from the time Of the decision He asking
Virginia to adopt and untried system; but
which twenty of the United States had already adopt
ed and Of which Of them had found
repent their steps The pro-
posed not which would draw around il popular
feeling and excitement. 1t from which the Le-
gisature coad withdraw its sanction should its operation
be found different from that which he anticipated. III il
had proved beneficial i'm many the States there
seemed grounds for doubt that would be equally
in Virginia. And he hoped, while Virginia proud
while she was stubborn; and even many subjects stiff
nccked-she would not refuse the light to be drawn from
so many examples. He hoped gentlemen would allow the
vote this motion to be considered test vote that dis
cussion the bill, which would be of considerable DETAIL
might be avoided large majority of the people desired
that the power of the be extended and
he hoped their wishes might be gratied.
On motion Of Mr. Caldwell the ayes and noes were or
dered.
Mr.. Chandler should not now have risen. blu, that the
gentleman from Brunswick had proposed make this
test question, to which he had strong objections That
this question had been before the Legislature at former
period, and had been decided by lean majority of onc
was nothing to him. He often found in the minority,
and when he voted with the majority, he had rather il
should be lean than large onc-becausc free nst
ons depended upon the balance OF parties and opinions
This question was OF very great Importance; he
considered that the proposition under consideration
contrary a provision of the Constitution of the u
States In that instrument, II declared that 10
above 20 dollars should the parties be deprived of trial by
ury and here was proposed TO take above that
hom bench OF five magistrates and jury, and give
their decision to single justice, who would often be
capacitaed in head i'm heart decide Justly upon them
but he did not think the House to be terrified by
statement that of so, 200 dollars was imposed upon
the State That sum was but triflng requson upon
population Of 200 ,0O0-as il amounted about cents
hcad,a straw, in comparison with the inesmable
right Of trial by jury But did not gentlemen perceive that
the new system would increase this expensethat when
cases OF this description decided by single magistrate
thore would be innumerable appeas' Now the parties
not appeal from those decisions because the
sufficiently large TO warrant the expence. But give the
magistrates jurisdiction larger and there would
be appeal from almost every case, which would swell
the expense complained of from 80 perhaps $500 900
The cost oil forthcoming bond would be added the rest
and thus the expense would be increased oles-
sened Although in the commonwealth had a
higher opinion the integrity of the local agistracy than
he ha yet hc did not look upon them competent dis
charge the duties proposed for them Their honesty
would not render them capable decide those cases be-
tween man and man. IL they went back i'm the history
OF the commonwealth, it would be found that the ius-
dicton OF justices formerly confined cases amounting
to 20 shlngs He thought that the plan contrary
the policy recognised by the Constitution of the United
States; or if it intended that the trial by jury
should be retained they have the whole population
called out on every court day.
Mr. Gholson.-I particularly stated that Jury should
be given where the parties would take an appeal
Mr. Chandler asked whether every man, such cir
cumstances would not take the appeal i'm that case
his position made good that the expence of the suits
would be intellectually increased
Mr. Knox felt obliged to the gentleman from Brunswick
for his motion, and his argument in its support would
be rccoeced that he had opposed to the direction
given 10 that proposition when referred to the Com
mtee al Courts of Justice. 1t have been obvious to
injury by the present delays of Justice Much had been
done TO remedy the evil, but yet much remained TO be
done towards its removal. Cheapness despatch were
the great points to be aimed at in the administration of JUS
cc and they would be attained by the motion now before
the House. Ii could not be denied this alteration was
one oil great moment The business of the gher courts
was embarrassed by the class of now TO be given
single magistrate, while the delay in their decision
rated in ruinous manner The proposcd system yyould
greatly relieve the poor Now, in suits for % or %
dollars the parties must attend court from term to term
WIN 'ner witnesses at great eXpence and be harassed
cases were given to the county Court Justice remedy
would he eiectua-he would have it in power to de-
eide promptly cheapy, and TO the satisfaction of all par
ties He had anticipated opposition 10 this plan for every
change naturally meets with but he had not expected
thatu would be opposed as constitutional question He
knew That 1t was the fashion TO TO the Constitution
for abstract controversies; but he could have imagined
that, in mere matter of municipal regulation most
brilliant fancy could have discovered any ground on which
to predicate such argument. Ii was true that an
cratic genius in the State of North Carolina had in
the discussion OF the same subject, stated the
point But he had not looked for il here. There ne
yer was, however, subject of importance TO which
objections had not been made. 1t was within their re-
purpose OF framing Constitution many of the wise
acres OF the land, up and predicted from such ea
sure the destruction OF the Government, overthrow
oil our Tree institutions The act passed. however, the
convention met the Constitution amcd-and the Old
Dominion still stands firmly ever He had invcsti-
gated this subject and found that the plan proposed
had been adopted in every State in the Union with the
exception Of two. Mr. X. here read list of States and
all but of those States he Observed the jurisdiction
m
stance the system had been tried with advantage was
therefore, fair inference that could be applied in Vr
glnia without producing the dangerous effects that had
been predicted They had been told by the gentleman
from Norfolk that the magistrates had sufficient in
tegence for the decision of these questions and vet they
were capable OF deciding similar present These
were generally plain cases. and if magistrate could give
Judicious decision the question whether executed
bond for 20 dollars could he with equal correctness
decide whether executed bond for so dolars?-And
their supposed incapacy these officers
were now allowed to sit and upon the liberties of the
people. How could there be any difficulty? If A or II
were dissatisfied with decision rendered by magistrate
they could have their remedy by appealing going
fore jury Of the country have the facts inv estgated
MIR. Moore said he did not wish TO consider This as
test question. He willing TO for the amendment
but he was not of opinion that the plan could be safely
adopted because Of the objection offered by the gentleman
from Norfolk, that the trial by jury would be curaed
he passage in the Constitution of the u s. making the
restriction to which that gentleman had alluded Showed
the anxiety OF the people that the privilege trial by m
ry should not be nfringed. Mr.. NJ would suggest one
thing, II this plan succeeded which he hoped would be
incorporated in it, IL to provide that i'm the tried
before single magistrates lawyers should not be allowed
to appear because if they the would he great
ly increased His vote would be given favor of the mo-
tion in order TO examine the subject he was informed
that large portion of the people desired The change
Mr.. Chandler said he did deny when u before that
the State OF Virginia had the right adopt this plan
But he had referred to the provision the Federal Con-
silution, as good principle laid down by the General
Government, which ought to be followed by the Leesa-
ture OF Virginia.
Mr.. Brodnax agreed with the gentleman that this was
subject Of vital Importance and it would not be frank TO
deny that there difficulties in the present system