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

his decision the whispers his car and SAYS that
Mr.. Justice ch-a-one decided and So the other
day. He had been surprised some of the remarks which
had fallen from gentlemen Ithad been said that from large
number Of small decided by single magistrates, there
had few appeals But did that prove the
of the magisratesS In many OF these there
dispute, and in many instances, where decision was
given against some poor fellow he was honied over, and
made to believe that all right and that should be
And il he appealed did not every know that there
esprit du corps which through every body OF
men, which would in many induce the bench OF
gistratcs TO confirm the decision made at that tavern si
prus, unless there on the bench OPP
posed TO the justice by whom it rendered. He found
cd these remarks solely the iray Of human nature,
which he had observed in his iclow.men and felt
in himself And he knew that it dangerous TO
give Judge power 10 make decisions which were not 10
be reversed. 1t said that these chiefly be-
tween the poorer class of people And it known
that 80 dollars to poor often important 500
dollars TO more wealthy individual Yet these men
TO be dcbarrcd from going before jury and enjoying
that privilege which the rich man enjoyed AS to the
pence he thought easy that the change would
increase the burthcn Of the poor, and the hardship be
greater upon them The delay complained of would be
replaced by system far Summary process would
be attained against the poor whose fifty dollars
involved. His patch of land his would be taken
from him, while his rich ncighbor would have the adj
vantage of proraced delay But it was said that he
could appeal, and did il not occur that when
man appealed a case in which he satisfied with the
dccson i'm doing he incurred greater expencc Ma
ny times delay asked for, because the party wanted
little breath and il delay could only be obtained by an APP
peal there would be continual appeals and the expence
these would be far greater than il jury trial had
been had in the first instance. He believed that these
courts in other States afforded the fields which little
lawyers first spread their wings Their fees would be
tng perhaps and therefore would be out Of the question
Travellers who had the operation of this system in
other States fully satisfied with He becv-
ed that appeals wrts not generally taken with
much promptitude in appellate courts and that il would
be easy TO convince those courts that they should be
taken up, that the composed of green cheese
Delay be hadb by poor individuals who pressed by
debt drowning man will catch at straws; and man
will appeal although he knows the decision against him TO
be just before he will the bed taken from
der his wife and children. There another argument
OF the gentleman from Brunswick which seemed TO him
incapable OF being sustained The gentleman believed
that the Legislature would add TO the capacity of the JUS
hces by giving them additional duties. IL So they had
better remove the County Courts altogether. 1t a IA
vore project of most gentlemen TO down the County
Court system of Virginia Gle did not here allude 10
either Of the gentlemen who had spoken this subjcct)
He thought differently and he did oppose this PROPOSE
ton because he liked the County Court Justices less than
those gentlemen but because he liked them more and
thought more highly of them. lie wished retain the
County Courts and to pepetuate their operation in their
proper sphere Already advances had been made by the
Superior Courts to them The law of last year gave
the Superior Court jurisdiction all above $50
they were met here this with two propositions
give the Superior Courts concurrent jurisdiction with The
County Courts in all cases-and, the other the
line to give to single justices all under fifty
dollars-thus pressing the matter upon both sides III
both these propositions adopted the magistrates of
he had almost said of the glorious County Courts Virg
MA would be left with the single privilege of sitting
whip negroes for stealing chickens He not disposed
to be arrogant but he agued with hearing the
tnual reference to what the States had done
were dong their jurisprudence. III the
under consideration prevailed the event would be, that
the magistrates must be paid Even there great
difficulty in obtaining men TO perform the duty what
then, would be- when that duty increased and the
responsibility rendered far greaer?t might not be this
year or the next but such would be the resul-thcy
must pay their magistrates as was done i'm every State
where this policy had been adopted He had heard much
OF the operation of this system i'm other States and little in
its favor you rode through the of Baltimore
Tor instance, would frequently meet with signs like
this ga. b. Justice of the Peace up to attract Gus
tom to their offices. at which, might be well supposed
scenes often occurred, little compatible with ideas of
inc independence or the purity OF the magstracy-
Those who had read Johnsons Chrysal or the Adven-
lures oil Guinea which was said to be fiction, but
TO record substantial facts, would have idea of the
tricks and arts towhich such officers would be tempted
OF combination between Justices and Consabes TO in
crease the number OF culprs to be tried by the mags-
trac for the pary consideration of the fees the bill
TO be founded this proposition should pass which he
thought, from present indications probable thew might
not have application this year, but he vcnured to pre-
dict they would have application before years pass
ed over for compensation OF the Justices of the Peace He
was friendly to the magistrates, and he did not wish
grade them One of the gentlemen had expressed wish TO
elevate the standing constable But the operation of
this system would be TO bring down their character with
that the Justices The only reward looked for by
the latter was the contingent claim the sbrcvay-and
the farther OIL that contingency the betterbui the pro-
posed system would bring down the profits the shrevav
and make il matter of no dcsirc-thus most encctuay
breaking down the county courts Again, it had been
supposed that this was subject of great decacv 10 law
yers But he hoped that the lawyers in the House would
have no fear before their eyes in doing duty here
whatever subject. He was that some gentlemen
that they were devoted to their wishes that to use com
mon illustration, they stood straight fairly to lean back
lie knew that his colleagues in the House were actuaed
by no such motives; but he would ask, whether even
putting the ground of interest to the LAWYERS they
would not receive advantage from arguing long and
Proraced apeals, than by attending TO little ring suits
which every gentleman of rcspe ciablity would much r
ther avoid He should act this subject he believed
he did ON all others, with determination do his duty
whatever might be the consequences.
Mr. Knox said that the gentleman from Dinwiddie had
drawn so odous picture of the magistrates his county
that il it correct he would advise that gentleman to
retire, and make quick tracks for the Executive
Mr. BrodnaX said he had drawn picture at ALL AS TO
the Courts OF Dinwdde, there not in the Common
wealth more respectable magsracy than she held her
BOSOM lie had spoken general TERMS had thrown
any mputaton on the Justices a body.
Mr. Knox said that he had understood the GENTLE |
man, he conceived he must have alluded to Dnwddc
as he knew no county possessing magsracy which would
answer The description the gentleman had given.-He |
might be pardoned if he noticed what must call the in
consistency OF the gentleman from Dinwidde. lie was
member OF the Convention of IS293O and in his speeches
in that body, declared himself opinion that the mar
traes OF the State highly respectable and praise
worthy class.
Mr. BrOdnax.-And am vet
MIR. knox.-If the gentleman did consider them nos
sessng that high character had he changed his opnon
lie had said that an esprit du corps existed among them
III so, would not the spirit exist among all classes of
Judgcs' Would it not extend TO the Judges of the SUI
prcme Court OF the United States' He wished TO know
where those "back rooms and ippng shops in which
Inc decisions oil Justices pronounced were TO be
found Ihey certainly were not in his (Mr. X sO county
and he had supposed therefore, that they be in Din
wddc. In Mccklenburg he could assure The gentleman
ad in