Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-01

noes 81.
The motion OF Mr.. Cohoon, to anne nd the r. der wa,
EJ'cted oS 10 6l-and the ques ion OF the
Ryder was decided in The ne & alive, 80 to 90
Mr. Hays moved he prev Gus question, which being
saaneu' me OIL passed by ayes add noes 65 to 81.
FRIDAY, January IS.
JUDICIARY SYSTEM
On motion OF Mr.. Leigh, the Report and Resolutions
oil the Committee of Courts of Justice on the Judiciary
Oh the state was taken up, and the question being ON
the amendment of Mr.. JONES' agreed TO in Committee
of the Whole:
Mr.. Mason Of F. opposed the amendment He knew
not how the amendment would be considered by the
rouse, out he did know that motions agreed TO in Com
mittee OF the Whole, were often rejected in the
House. The proposition that the Su ,erior Courts
OF Law and Equity should. because they were TO be car
red into the larger counties, also be carried into the
smaller ones on the naked principle of carving iu,
uce to every mans door. This must cucumber the sy.
tenn WIN much additional expence. He knew much
was due TO prejudice; but something was also due N
reason and experience. 1t did follow because Il
was necessary TO give distinct Court to population of
oooo that one must also be given TO population of a.
many hundreds. Ii il must be given 10 a county the
business OF which occupied fortnight did il follow
mat II must be given 10 one the business of which dill
not occupy "a hours? II had been said that i'm MANY of
the sea-board counties, by the time the Grand jury
came m the Court was ready to adjourn having dspo
sed OF the business He could not SEQ either
Jusnce In the demsnd-nor that the refusal TO grant IL
would do them the least injury. Was the whole Judicial
policy TO be deranged because those small coune,
divided by territorial lines! He could not believe that
me people would complain, If this amendment were
and adjourn and all the forms must be gone ,hrourb
Tor the dispatch Of tring amount of business If The
system proposed by the second resolution were adopted
mere must be two judges for each district and thew
would be under the necessity Of going into the court
house, swearing the jury. and adiournng and of don,
but little more He could see no re ,.on Gor ,h.
sion of the system ~
Mr. Christian thought the adoption of the amendment
would not inure the large counties and would not in
crease the expense OF the system. The Judge would
NOT be required to sit long in the small counties as in
the large and while fortnight might be required Ia dis
patch the business in Frederick much shorter ,;rn
would be occupied in the smaller counties The location
Oh me courts In the districts instead of the counties
would save no expense, there were but eleven dis
ricts, and there would be but five additional Courts il
one We're gwen to each county: As the proposition
would IN no way interfere with the sysem as the Same
number oil Judges could perform the duty if the peo
pie OF the small counties wished the extension prone
sed, he hoped il would be granted.
Mr. Jones said gentlemen seemed TO think that tbc
question was based by the Committee of Courts of Jus
uce, on the extent OF territory He could see the ne
cessny OF examining the extent OF territory in fixing
the period for the sitting of the Judge; but he could
not see the necessity of making such an examination
IN deciding whether all the counties should partake in
the system. He had hoped, when the other dav tI.
sense OF the House had been tested ON This n,oton
mat when the subject came into the House. IL would 90
into the discussion OF the great principle. The propo
sr,on contemplated no burthen on any other county
The only reason adduced against giving Courts TO the
smaller counties, was the smallness of their territory
ihey would, therefore, require less of the time
OF the Judges. There would be serious inconve
nences in establishing the Superior Courts in The ds
tricts: In that case how would Grand Jury be sum
moneu! Would the Sheriff of Warwick summon part
ana ,ne sheriff OF York another part. and on? 1t
an advantage TO the parties TO be present when their cases
are tried that they might know the character of the
wi'nesses-but gentlemen seemed to think that the
plan ought TO be for the advantage of JUDGES and law
yers only The House ought to consider the feelings
preludces, wants and wishes Of all sections of the State
and on that ground this motion ought to be adoped
ne wished mat gentlemen would go and discuss the
great principle proposed by the committee instead of
mere question OF detail. He was surprised when he
heard an elaborate argument upon il the other day II
seemed 10 be taken for granted that two Judges would
nc required for each Court, but he did not think that
would be the sense of the House. II was true there
were hiteen districts in the State; but in MANY
most OF the motions were made, merely TO weary cut
poor suior lie was not disposed to trespass further on
me House; and he hoped gentlemen would proceed in
the discussion OF the main question.
Mr. Wood of Albemarle, was not one Of tbose yvho
thought di'cussion Of this subject less of time II
was the great question: for the discus ion of which
,bey came here. And he thought every stem ought 10
De wen examined In order that nothing nigh, be done
In the outset, which should in the FINAL ~
the plan, tend to niure lite effect Was II tyue a,
argued by the gentleman from Buckineb tina, II
would take no more time 10 carry Chancery and Law
JursaIelon mo al the small eounes' Did every
gentleman know that, in the last two or three days
more ou.iness was done in Chancery Court than in
me hrs Tour or hye! This comm on in our practice
and was inherent in the nature of men Tn. conrs 10
the smaller counties would occupy more time and
the question was, should the House, In the outset
auop' principle which would lead TO such effects ,,
""7 "o reason iOr giving courts 10 counties five
Hnes square, because they needed by counties
o. ten times that extent He thought the sen,lem.n
rom those counties came here TO aid in establisb;n
the principle. and TO make such sacrico. To he c,n.s
az its success reqniredno sacrifices by which Ihsir
constituents would be injured, but by which thsv
would he placed on the same footing with otbsr Sec
ions oil ibe STATE But the gentleman from Elizabeth
CITY eald that sppeals we're often taken TO distant
courts loo purposes Of oppression. This certainly
wopid not apply to court situated in his disict-the
distance TO which would not be grea from sny quarter
Ard az 10 no more time being spent IN holding courts
IN each county than 10 holding one in the ID strict IL
wa certain that much more business could he perform
ed IN The latter case, when IL was considered bou
ling about, and making preparation for opening the sew
eral courts. He thought the resolution ought 10 re
main as reported. He could not acaui see in the =
msndment, although he respected the feelings Of the
gentleman who proposed IL. And II IL were reiseed
oy the House. he hoped III at gentlemen from the small
eouo's would be satishedfor he believed il would be
better Tor heir constituents The amendment n,igb,
make That impraclcable which, without H. wound he
practicable As he dea that The system was To he
one Tor The COW 'nience Of judges and LAWYERS Mr.
ooJect was 70 establish good system : ard ne
eou'd not eoncetvs how the gentlemin pJsn would
be less for he advantage Of either. That "a vonld 70
qnre more judges, seemed certain. He boped The
amendment would not be sdoptsd and that The osnta
man would scquiesce In such decisou
mr' Halyburton 10 enter his protest again, a..
rejection OF the anendrnt adop ed in committee NJ ths
whole. IL repeated Whist he had said me oibet d.
tn ne "s' against carrying the Superior Courts int
~ 'he copbuss OF he State and he should have besn
IN favor OF dist ,iiug the ale Bot Il tbe n,i,c;os
vas adopted, Of carrying them into all bs I.rge,
uesS-Sofoeof which we're much larger Than bsrs--