Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-29
dssid. Upon any .oui.. Of proceeding h. should cal,

up the resouton TO- niotfow.
The mo Ton was agreedto.
| JUDICIARY Observation-Disclosures xrSppeS1
Inc order OF the day, being the report and rescu.
IONS Of the Committee Of Courts Of Justice on the sub
IJect OF the judiciary OF the ah was taken
Chair. ~ ''oo"' :" "'e
Mr.. Newton moved to postpone the consideration Of
Tue nrs resolution until the second and third dis
posed Of There were many members now indisposeJ
ana some who would perhaps be guided in their op.
mons relative to the county Courts. by what deci
su on IN respect to the other Courts and he thought
tne posponement Of the subject of the county courts
"ouid place the resolutions in more convenient order
Mr. Leigh hoped the resolutions would be discussed
IN tue order in which they were reported by the COM
nittce. AS the county Courts were the basis Of onr
jurisprudence they merited the first attention As 10
.e nu'sPoson OF members, that frequently happened
anu ne thought the Committee OF the Whole fuller than
| usual II must be recollected that gentlemen were
not bound by any vote taken In the committed and
ey would have an opportunity when the subject came
into the House, Of making what motion thew pleased
AS the gentleman from Westmoreand seemed TO think
mat lie should be governed in regard TO the county
courts, by what should be done respect to the other
xours so he lMr L) should be governed In regard to
me Other Courts by what was done in respect to the
county Courts The first was dependent on the last
and the last on the first He hoped tho natural order
oil the resolutions would not be changed
Mr. Campbell Of Brooke, supported the motion He
thought that the county Courts ought to be considered
ater the other Courts had been decided on. If the
Inansery Court was carried into the counties, he
should be In favor OF taking part of their jurisdiction from
the county Courts His views Of the county Court
system would much depend on what was done in re-
gard to Chancery Jurisdiction A, 10 the natural orer
OF inc resolutions their order would be natural were
II reversed III Chancery Court could be obtained In
each county, he should be disposed to lop off the pow
inefficient tribunals r"'
Mr.. Leigh. The gentleman misconceived him. m.
remarks alluded to the Committee OF the Whole in
wn!ch no vote could be taken, but amendments,
which II would recommend to the House. II wa,
strange that the gentlemans conclusions arose from
premises which led others to entirely different opinions
was not the advocate Of the two last resolutions and
should discuss them only with view of discovering the
opinions OF the members.
Mr.Newton withdrew his motion
=, Zones moved to strike out the concluding words,
he rd resolution, alter the word county "and cleo
mon district &c-and insert, "in this Common aIth
The eject Of this amendment would be to extend tho
and Chancery jurisdiction Of the Superior Court to
All tne counties, AZ we'll those comprised in the election
districts rs those separate. Mr. Jones observed that IT,
as was generally understood, the principle
IN sne second resolution, was great triumph if
system oil combined law and Chancery jurisdiction wa,
10 De extended to most Of the counties of the State he
saw no reason why any county should be dsrancbsed
Of ns or why any county should be deprived
o. superior Court Of law which II enjoyed before
me small counties claimed no advantage over anv o.
hers-they wished to 60 hand in hand with them and
20 Drng justice home to every mans door. WHY there
ore should not the Judges sit the house where
the people were accustomed TO go-or why should Grand
Juries and witnesses be brought from the distance of 40
OF AZ mes lie hoped the citizens of the small counties
would not be obliged to go into another county 10 OH
tain their rights which in cases would be 10 de-
Prve them OF their rights He saw no reason wbv the
principle should not be extended to the small counties
as well as the large
Mr. Christian hoped the motion would prevail II
was not the intention OF the committee to deprive the
sma counties OF the operation Of the system. But
was thought better to allow the members from those
counties to arrange il for themselves. If il was the
wish oil gentlemen from those counties, he hoped the
rouse would CRAFTY them IL would be convenience
70 mem, and would cost the State more.
MIR. Halyburton understood to saw that he wa,
opposed 10 the SYSTEM OF Carrying Chancery jurisdic
non ,nto every county, as it might produce evil effects
But II 1t was carried into nearly ALL he thought il should
De into all. He hoped the motion would prevail
Mr. Sempie made some remarks, which, from the
fG9ugnng IN me House, the reporter could hear
nc was understood to be opposed TO the notion as
would push the principle of carrying Justice to every
mans door so far that from partial ures and an ncom
Petent par any thing but justice might be dispensed
Mr. Leland as the representative of a small county
was of opinion that this amendment of the resoLion
would be unacceptable
Mr.. Leigh begged the gentlemen who represented
small counties to believe that had higher re-
gard for them than he had. Indeed he had neculisr
regard Tor them, as they the original divisions of
the Commonwealth, and contained much of the
parent stock OF Virginia. If he believed he should do
tnein any injustice, he would agrea to this motion
He was OF opinion, that equal and impartial iu,,ice
ought to be extended to avery county and evsrv in
dividua in the State. II he could beeve that The Ie
g'sature ought to create ali the Judges necessary IN
carry out this system, he should be un willing TO do
hnk 10 deprive the smaller counte, Of participation
10 Its supposed benefits But. the system of blending
in carrying II to every section OF the country nncb
more dstrictng than had been proaosed or the alter
naive oil employing number Of Judges almost he
yond calculation 10 the Judiciary system varisty
OF considerations NUT be combined TO give equal In:
nee to all. The territory of a county must be con
sidersd " II was large county, win sparse prpu.
lstioo, more jurisdiction must be given accordiog 70
the population, than to small county with large nan
u'auon In the Trans ALE ghsny part of the State
rms would happen Take, for instance the counts
OF Nicholas and Warwick. They had nearly the sam.
population but Wsrwik was a spesk, compared N
comparison OF the counties OF Virgins on the Po,o
mac with those OF Maryland, which he observed
much larger The sma Ter countless an earjv no
we're divided, with small territorie for the pnfoo.s ~
county poice-aa time, when the We ST had ,ea,celv
oeen explored. The proposition was to give the.s
oher conn'ies They would find, on examina, ,h,t
me four counties of E'iz ,beb City, Warwick, Yort
sDo james City, were not so lrse, In extern, Of .sr
ory, az Chesterfield and that an individual who
70 ride from The Powhatan line 20 the Courbou,e youE
nave 10 rde farther, over much worse roads, than 10
traverse the whole four Of the ccunss m ntion.d I,
theTeore, each OF these small coun'lss c LINED the
tension 70 ", OF the la and chancery .1ction uro
posrh, they would have four times the adv o.,
Chesterfield Mr.. i. hare iustrae ed this pos;tion by
acomparison OF several other counties The messur,
o! Jn-ce should he equal and fair u II de ne nded unon
MIL out they would have TO Convince him, ths, there
was me same necessity for this Jurisdiction in the
counhes az Ia the large befre he could aeeede Ia tbis
molten He alluded gland, which ron aimed bu, az
counties, IN which Justice carried 10 eyetv man.
nonr by Court ofLsw and Equity in each county Vr
einia was not larger in extent than England had /,
oou' one 'wsIth OF the population, and los counties
sn"' although he would not recomme nd the
denco OF England TO imtsiion-yet he had mentions "a
hese facts, to shew what aBc tb0u yht NJ The
principle OF carrying Justice 10 every mans door