Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-01-03

House pause and consider before he does an act which
even all trying time cannot ando Whether the decision
shall continue me TO mingc ia the councils my country
men, consign TO the bosom my constituents and
the enjoyment of my family, is matter of little inpor-
lance TO me. have DONE
| The remaining resolutions were adopted
The bill giving the Superior Courts nj ursic-
on with the County Courts in cases being taken
Mr. Chandler said that he TO saw that he did not
feel interest in this BILL he should state what WAS NOT
rue 1t was the irst proposition he had made to this
House, and he elt towards il parcnta! feeling which
would not allow him 10 let pass without suDpornc IL
with few remarks. He believed this Partially could
be shewn TO be guided by good taste, and susceptible Of
being sustained by sound reasoning The most adnr,ble
feature Of the law its uniformity; IFS symmetry In ali
It's parts The case which he about TO bring to the no.
tee oil The House was deformity which ought 10 be re-
moved IL was not inensed by this bill TO take on tbc
County Courts their criminal jurisdiction or bo, portion
OF their civil jurisdiction. AT present am indviaI rho
considered himself aggrievcd could go into The Con
Court or the Superior Court in all cases over 20 dollars
In most cases the doors OF both Courts were open to him
But there was an anomaly in the law relation 10 bonds
gvent TO anindividua in foreign State Unless bev wSre
over the sum OF $40 and 90 cents case must he heard
IN the county Courts only lie would put to gentle
men VINO recognized this anomaly why should be- that
in all other cases $50, man could go into either
Court and in relation TO this class cases be debarred
That right unless the sum is $40. IL might be said
that the parties not interested 10 change the present
SYSTEM because the fees would be grcaer-bu the fees
IN Do,h Courts were the same and the expcnces caused
by the present restriction were greater on these cases
than they would be- in the Superior Court on account of
coninuances and delays 1t might also be said that the
m ar-
count OF the forthcoming bond system and that Inc evil
would be remcdcd by proposition before the House,
TO increase the jurisdiction of single magistrates But he
had nothing TO do with that proposition He was here the
advocate OF the plaintiffs and the defendants II MIGHT
also be argued, that the Superior Courts had not fine 10
attend TO these But any one who had xc,;ncd
the duties of the Superior Court JUDGES would fnJ
that they had not enough business perform 10 occupy
thcir time They were dying with tedium uitr-loungng
ABOUT tavern benches and visiting theirens 10 kill time
On that ground therefore, there could be no obncon 20
inc change, And he thought he could shew why these
cases should be taken from the County Courts. Suppose
two persons TO give bonds, for the sum of SIS the
other for $50 The former falling under the class of ca
ses to which he alluded the holder would be restricted 10
Inc County Court-whic in the latter he could go into
which Court he pleased and in many instances al, ndi
vidua who complained under the necessity f attend
ing TO cases two different courts at the time He ask
Cd what was the ofsummoning Jurors and witnesses IN
the County Courts twenty -four times year. 10 settle this
small business Was il not better to let The stay at home
and be summoned twice year, Ii would be much
better Tor the bar; Tor under the present SYSTEM the
counsel was often in doubt whether they should at
tend 10 the business OF the Superior Courts Chance
ry' or go INTO neighboring County Court and at
tend TO the business there II could escape gentle
men that there much excitement apainst
he present system of the county Courts. Otherwise why
was IL hat the plan OF giving jurisdiction single mags-
uae In cases over twenty dollars was argued here the
other day with much vehemence But lie argued that
was better TO give these the Superior Courts than
10 single magistrate. The difficulty of giving them TO
single magistrate was increased by the Judiciary law pass
Gu last year he duties OF the magistrates had been in
creased by that law They appoint the county Of
hces TO decide questions in regard roads bridges
and find fathers for chdrcD the latter duty often
ing two or three days in each county Their bnsincs
would be still increased this session. and in Eastern
virginia particularly, three four DAYS at such s,no
would be occupied in settling questions relative TO free ne
sioes ana muattoes. And eventually, when hampered
with all these difficulties they would despatch their bust
ness by premature aloumments, the only way TO GET
I' u o. II. ne would suppose case in which indiv
duh came in and demanded the right of filing specia
plea The subject considered and after two or three
spent IN its discussion, it decided that he had
The right The inteTogatories Were filed; and tben Tho
question whether they were pertinent IN the iss,,a
The justices consulted and decided that they were merit
neni: and then ID .s. 10 a. 80
the respondent were pertinent the inerrogatores Aud
even then the best lawyers disputed to what was the
character and effect of this evidence He threw out these
ideas to shew the difficulty carrying such cases into the
county Courts If persons thought they could be fairly
IT, on the contrary they wished 60 into the
Superior Court, let them have the privilege Mr. C. here
explained the provisions of the BILL and earnestly urged
upon The House, the expcdency of its passage.
Mr. Daniel entirely opposed 10 the passage of the
bill as he had been at all its sagcsbeore the committee
and in the House He considered that could be follow
cd by possible good; while il might be produc,vc or
many evils. The grounds on which il was attempted TO
be carried were uniformity and consistency But il was
certainly inconsistent to take from the magistrates the pow
most o ise cases when that ofPpOni9g the
their hands The magistrates had the power of appoint
ing the Clerks the Shenis and even the Magistrates
themselves But il seemed they could not decide in case
involving twenty five dollars The gentleman from Nor
oik had argued that the Judges the Superior Courts
mad nothing todo In this opinion Mr. d. did not concur
sness Although it might be that in that gentleman.
section oil ihe State, they were dying of euu was not
20 III Mr. DIS part oil the country. In Richmond and
iIynchburg and many other districts they were well sup
pied win business and had before them many old chro
nc cases IN Chancery Yet, they be burthencd with
more business III no respite given to them their
energies would be parized and it would be impossible
Tor em TO bear up under heirincreased duties In all
the Courts with which he was acquainted, the Judges
were overwhelmed with business. On the other hand
mere was not too much business before the County
Courts lie thought there existed a disposition TO at
JACK ana destroy the County Court system, which was not
the less strong because il covert one IfoentIeon
wished TO destroy the County Courts let them conc for
ward and attack them fairly and then their friends would
KNOW now to meet the attack But seemed
Wheh nigh duties were left in the hands of body of mon
10 ueclare mat they had not the capacity for their perform
ahce lie had never heard the assertion which had bccn
n'ade mat The County Courts could moi perform the d
es lntrtsted to them until he came within HEARING of
the NOISY eloquence of this House There appeared 10
be iaw,makng nania stalking forth the and-a Ieois
atVe influenza, II he might term IT, which Threatened
10 endalger the best institutions of the State
Mir. Chandler said the gentleman had mistaken his
meahlng' he supposed nc intended TO take away the
power oil the County COrsall that was asked for was
concurrent jurisdiction The gentleman lad citcd flc
iu oil business He hoped the chronic cases of which
e gentleman had spoken, would before long be got fdof
mere were complaints of the County Courts and if the
gehtieHans county was exempt from them the people
were more fortunate than those of other parts Of the coun
Try Mr. u never returned from the County Court in his
county without hearing from his clients complaints of the
delays which they generally supposed to be the fault oil
their counsel. ~ " WV '' "
Inc question being put on The passage of the bill il was
uccided III the negative, without a division
ThUrsdou Der