Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-12-28
Virginia Legislature.
HOUSE OF DELEGATES.
Thursday, Dee. %.



Mr.. Gholson moved that the report of the Committee of
Courts Of Justice the subject of extending the usdic-
ton OF single magistrate TO involving sums above
the amount of twenty dollars be taken up IThis
report declared to be ncXpedent to extend the usc
toni
The motion having been agreed to- Mr. Gholson NOV ed
to strike out the word inexpeden and insert erpedent,
as to reverse the decision of the committee.
Mr. Co. in support OF this motion, said would be re-
membered that at former period this report had been laid
the table his motion; and lac hoped that since that
time, the members had taken this important subject
full consideration His object in addressing the House
at this time, less TO discuss the subject than
itupon their serious attention. That it important
subject he hoped every member would agree with him.
Nor was this the first occasion on which had
sented to the Legislature. 1t had been before the House
during the last session, and after much discussion, had
been decided in the negative by lean majority of one
Oh the importance OF extending the jurisdiction of single
magistrates, no conception could be formed first view;
but investigation il would be found worthy of the
profound attention III they looked into the judicial history
of Virginia. it would be discovered that quarter or
third of the law suits in the state BY Investigation he
found that about that ratio of the suits courts were
for sums between 30 and 80 dollars and he estimated the
sum expended in litigation of those suits at from 30 to
$4,000 annually. These expenses were oppressive be-
they fell upon that class of individuals able
afford them: Men OF wealth. who sued for large
sums could well afford pay for litigation, and for the
delays of the administration of justice. delay of ten or
twelve months would operate lavorably upon who
alarge crop coming in But in suits involving fifty dol
lars which might he of vast importance poorer class
OF menthe combined effect of expense and DELAY was Of
cruing upon suits for the small amount OF from twenty
thirty dollars! He had applied recently to a very
antellgent clerk for facts upon that subject, and he
had received list of the various fees upon such suit
which really appeared startling Mr. G. here read list
of fees and charges upon the prosecution contn-
of Of these suits making gross amount ofabout
I5 dollars 1t might be said that this mode of
dictated by the fancy of the defendant. But was
such a declaration ingenious? Did the Leeisaturc sn
pose when they passed the law allowing these DELAYS
that men would not avail themselves of tem And who
those who awaited themselves of these DELAYS? The
OF people, because they pressed for the payment
their debts He would say that every objection ne had
hea 70 s proposed extension oil jurisdiction arose out
OF the wreched system present pursued; could be
removed by bill growing out of this proposition. Gen
tcmcn said, when first spoken the subject that they
could not think the Justices capable Of exerng this pow
safely, and that their decisions bad enough area-
dy Now he believed hat they compared the decisions
OF the County Court Magistrates with those of the Judges
OF any other Courts it would be found that as much salts
faction had been given by them and fewer appeals had
been taken from them In the county which he renre
sented, he supposed there about 800 wr i'm cases
under 20 dollars issued year. and he had known
over ten or twelve appeals annually But lac did de-
pend on TINS TACT for the character of the magstracy
the ability OF the Justices perform the additional duties
proposed for them If there had been difficulties i'm the
administration OF justice in these tribunals they had arr
sen out OF the wreched system II was the Gus
tom Tor four Justices TO sit the bench who looked to the
presiding Judge in making up their decisions Thus all
individual responsibility broken down-a single ex-
ertion discouraged. IL well known that where
the single responsibility Of any duty was thrown ON an in
dividual, his faculties were brought into action To
take up familiar instancc-this BODY annoints a con
ueman to preside its deliberations and imme
dlatey MS faculties were expanded 10 the ext
he
display abilities which the House never dreamed he DOS.
scssed SO would be in the of the Justices if the
responsibility OF deciding important cases were placed
upon their hands Their ambition would be excited they
woud be induced to study and TO make the necessary ex
erons Tor the satisfactory performance of their increased
ouues Another objection had been urged,-tha would
give greater to the present tribe of con-
stables He well convinced that these officers were
DOW disgrace to their professions; but he contendcd that
me present system had been the of it, II the Lee
g'siaure had desired TO make of constablcs
they could not have devised ccctuaI for
the purpose than the which would saryc
the horse OF honest officer and force him 10 go on foot
BUTT they wished TO make good officers they would
adopt system, which if he performed his duties pro-
perry, would give him respectable support but which
would starve him IL he resortcd 10 dishonest prac-
uses These Offices had been degraded that no re-
Specialize man could live their proceeds and i'm CON
sequence set OF low men had filed them. But place
mem on different footing, and enable to live repu-
ao upon their emolumen and the character Of the in
cuDchts would be changed, respectable men would fill
en' ana the present evils would cease. That II would
DC cheaper system, the statements he had made sui-
cehy estaDnshed-hat the decisions would be made with
more wisdom seemed evident, because moro direct re-
sponsibiy would the local rnaeisracv That adj.
mnisFation OF justice tho best which combined the
greatest dispatch, chc0puess and wisdom and by the change
ah these objects would be effected lie knew very well
VIC 1sauVsntagcs which any gentleman had to encounter
WIZ forward an abstract proposition lin present
ing ~ ne ran out into details. lac was considered 10.
aious-anu he did not explain It. he would be met with
inc oecarauon that he had sewn reason for IFS adon
uon Ills proposition susceptible Of all the necessary
cnecks-one OF winch was when magistrate in the coun-
ny decided case to make obligatory the Justice TO
na"d over the papers 70 the CLERK, who should transfer