Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-02-10
VIRGINIA GEGISLaTURE.
-"''' s""y' - y
HOUSE OF DELEGATES.


a communication "a. r-c-vei from the Senate by
their Clerk tha, thy have passed the bull entitled ian
act cnncrrunI tie COMMISSION oi the peace Tor the
county of R;,c.,c, with amendments
The oriyinui b,! allows The three remaining justices
Of the County Court l. tch,e 10 recommend 10 the
Executive aoy number OF fit persons not exceeding
four be added the commission Of the peace Tor that
conn;y.
The Spnnta's amendments contain the following snb-
st.tut- Tor The bdl
"Wnereas II is pprescned 10 the General Assembly,
tina, The just Of the prace for the county al Richie
been reduced 10y resignation and otherwise below
The nunbnr necessary TO form court tor sa'd county,
and there being provision made by The Constitution
for such cases and whereas doubts have arisen, whs
ar the seventh section OF the act entitled an net
ducng the several scts and parts of acts re-
spectng tile powers and duties OF the Executive, pass
ed November 10th, 1872, vests the Governor with pow
er to Commission Justices Of the peace for any county,
when The number in said conDy has been reduced by
resignation or otherwise b-ow the number necessary
10 constitute court; Tor remedy whereof
"Be II enacted, Tia, If !, shall at any time appear,
tina, there not smicIen, number OF Justices o the
peace for holding court in the SAID county OF Rtce,
or INV other county whether such reduction has hap
nened from dpaths resignation, refusal 10 act val
from the COUNTY or otherwise, The Governor shall have
tu power with III, advice oil Council, TO issue COM
mission or commissions OF the peace tor The afpnn ment
nj any number ni arrst:atrs such county err
cunscnccc snil be Judged necessary Tor carrying
m the brs ness Of the same--so that the whcle num-
Der IN commission shall not exceed Sven, including
The old Justices and whenever the number s so ~.
creased to seven, any further addition To the number
shall be made IA The usual way upon rec"'hmehoaso"
OF The Court
| ur STEPHENSON moved 10 lay on the table; OPP
posed By Mr. NEAL, and ost--ayes Is, noes 30
Mr. STEPHENSON moved Ia disagree 10 the SENATE n
amendment He commended that tie Executive I'M
der the Constitution, was not authorized 10 MI vacah
ccs in the Justices which have occurred by death or
resiuna,on These only be filled by the
recommendation of the County Courts. TINS amend
ment erorafts q new feature into the Constitution; lie
hoped the House would not violate The Constitution IN
| this manner.
rood +, law enacted IN IT'S embodied in the rev!sal
NJ 1910 which had been retained IN ali the revIsals
s;,co :, was missed TINS law authorizes the Exccu-
live 10 I'll vacancies occasloned as IN the present case
The Governor had doubts as 10 the meaning o,
ths Law and had referred this mater t. the General
| Assembly,. The las. Convention had expressly
dac;9ad that the County Court S;stem should re-
man precisely rs il did before the adoption Of The
new Constitution. One ot The aolest jnfists IN
Tho State Mr. Leigh had solemnly argued IN TIE
Convention, that the l-essi''o'e shoad nave no power
ore, the Cnunty Court ,em-cxcspt 10 modify the,f
| ;u,;sdic, on Sir 4. read from mir. Leichs speech
- tho Debates of the last Convention. The new Con
s,i,u,;on used the words "he County Courts ex
,essly meaning that the County Courts the most I'M
po,,,n, feature IN the Constt tuition could never be
pp%,naed The Fundamental law of i775 is, therefore
, 81, ,,,sd nv the new Constitution. The law just
n,sset By this House. on THIS SUBJECT, IS early against
l ,ha c,neiu,iou because 1t makes new Coctty
/ f,o,.i The amendment of the Senate however, cor
n Tho (unJamen ,al law Of l77S three -fogrihs q
II century Old and 10 Tie So's'''o''o ~ ' "
al, LASER coptended that the law of l77s, as fa'
40 !, vas Inconsistent with the new Constitution, was
ob,ooa.ed bv that Constitution Mr. L. thought tHa
The Icn;sl,iure had rs much right TO authorize any
number of Nagis, aes To hold Court Tor the nom
nation of Magistrates Il Fix or modify the Juriso'c
ron If il cannot be done in this way, there is nc
cher lesai mode Of renedying the evil.
Mr.. McCouAs thought the arguments IN the debates
of tho Convention should have no weight IN iorm'rg
our rdgment. We should look 10 the Constitution 1t
seIf as i is written That instrument was clearly NJ"
Intended TO saw that no less tnan four justices should
oor.,re court Tie original az, OF this House Sent
~ IN tho Senate is therefore, not contrary 10 the Coa
..ut,on Mr. McCnmas thea vert on to argue osain-
Tho const;tut,onel,ly If the Senate amendment. Il
mas verv clear that in the Constitution, IL was piainy
nYovded that the vacancies should be h'isd ny lie
/ Eyecntiye upun nominations made by the Soonly
Court e,.
MIR SouraAtL commended that, II The senate safpeno'
ment be constitutional, there IS no mii 10 lie power
of tn. LEGISLATURE to make the appointments IN all Inc
counties IN lie State the mode prescribed oy t'e 81
n.,a's amendment that is b. the Governor "i'h1"l re-
yard 10 the nomination by tic Comfy I0ui's contrary
\ 10 the clra- meaning Of the Constitution.
MIR TYRgs maintained, that The use oil the cahnite
article ssthc IN The Constitution meant some spe
eifc definite County Ccuft, 10 the very existence 81
| which four justices were indispensable necessary we
are therefore tied dosn to the system suosshs a! The