Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-01-21
STAUNTON VIRGINIA, MONDAY, JANUARY 81, 1850.

| the construction given to the first resolution OF
the report of the Judicial Committee BY the hon
orable gentleman from Richmond Mr.. Marshall
| | rise now 10 do more; TO carry my remarks
little further He supposes that the Judicial power
vested in these courts by the Constitution VIII be
unappropriated, if they should ceaseIo be con-
stitutional Courts. had thought that it would
still continue in the Inferior Courts, Of which the
county courts to be established by theL islature
would be one.
| You know, Mr. Chairman, that the county |
courts were once rejected as constitutional courts
| in the Judicial committee. You moved for a re-
consideration, member being then present who
was absent when they were rejected-hey were
then carried by one Of majority, one Of the
4 friends of reform being absent. This fact will
sheW that the report OF the Judicial couuIit,ee,
at the head of which is the ven4abe gentleman
from Richmond, is not to be regarded with all
the authority that is commonly attached 10 the
4 reports of committees.
On the oath of October, had the honor TO pre-
sent to the convention substitute Tor the first
resolution, which embraced the amendment now
under consideration The substitute presented Il
I Court of Appeals and such Inferior courts as the
Legislature might from time 10 time ordain and
establish as the only constitutional courts leav
ing it to the wisdom and experience of the Legis-
lature to establish and regulate county courts, as
in their wisdom might seem good This was
placing the utility OF these courts where we hum
! bly conceived it ought always to rest under the
supervision of the future Legislative bodies.
/ have been disappointed in the mode OF defence
adopted by the gentlemen Who are for giving them
a constitutional existence and character. They
are for proving their claims to such distinction
from testimony. One fihe most llustrous sa ges
which Virginia has produced, the immortal JEFF
ferson has testified against them His testimony
has been assailed by the gentleman from Chester
field (Mr Leigh on the ground Of incosnpetency;
for says he, Mr. Jefferson never practiced law
, before comfy court consequently coald know
little about them. But am informed by gen
tleman on my left, that he was a justice of the
peace and sat upon the bench OF his own county
and therefore had the best opportunity of testing
their merits. But the venerable gentleman from
) Amelia, Mr.. Gles) has eulogissd them. The
gentleman from Orange, (Mr. Bar5our) the gen.
f tlenan from Augusta, (Alr Johnson) and other
! gentlemen from different quarters, have given
their testimony in favor OF them: Some Of them
too from the experience OF twenty-fi years
They affirm that they are one of the wisest and
most beneficial institutions i'll the country, if not
in the world Now, without impu.ing anything
to their motives, to their capacity 10 judge OF
them, so far as their experience has gone, | may
be permitted to remark. that the relations in
which we stand to persons and things, and the
media thro' which we view them, generally, and
often impercertibly, influence our judgment; and
lead us to very different conclusions. Were we,
; Mr. Chairman, to ask the Autoerat Of all the
. Russias, what he had to testify concerning the
doubtless say it was the best on earta. Were
| we to ask the King OF Great Britain what he
thinks of the Constitution, Government and laws
! of England, he would doubtless say they APP
t preached almost to perfection. Yes, Sir, were
we to ask every Peer of England, every member
OF the House OF Lords, one by one, hat is the
character of all the English institutions each
and every one of them would doubtless testify,
r the very best OH earth. thus Sir, some gentle
men here give the highest character 10 the county
courts: others, however, testify against them
They view the system through different media,
and stand in different relations to these tribu-
J mails. But as we have heard much testimony on
, this subject, and the testimony OF one Governor
of this Commonwealth in favor of this system,
5 we shall present per contra, the testimony OF
+ another Governor OF the same Commonwealth.
1t is from the message of the Governor of this
Commonwealth in the year 1910, badge Tyler.
Towards the conclusion OF his message, ne gives
the following character of orr Virginia county
courts: 3Asto the county cohrt system, every
. experienced and reflectingman must sec and feel
/ the incompe.ency OF those persons whose daily
$ avocations prevent any acquisition iii legal know
ledge, to discharge the mrortan trust repcsed in
+ most important legal and equitable rights. Sup
pose ii should be necessary, as 1t often Is, that
instructions should be moved to aid the Jury as
to the evidence adduced on point OF law arising
out of the facts OF cause, what respect will an
intelligent jury pay to them, when they are sensi
bic that a little time before the justices were
jury-men, and could not be made judges of the
law bya mere translation of them from jury
room to the bench! They would in such a case
(Which often happened) act for themselves, well
knowing that the blind cannot lead the blind
Besides, it is not Just to call for so much public
f duty from the magistrates, without any compen-
sation, except that prccalious one arising out of
the office of Sheriff, which may be obtained once
+ perhaps in the course of ones life. AT present
Judge rides into every county OF the State let
his jurisdiction therefore be extended to cases
generally, and limit the county court jurisdiction
to local matters and to cases of small importance,
bringing back the out of doors authority OF a
i single magistrate TO what it formerly was. AT
any rate let the Superior Courts have concurrent
jurisdiction, and leave it to every mans opinion
TO GO into either court he may please.
IL by no means mean to detract from the
merits of the county courts. They are yalua-
bic branch of our Government, and deserve, in
general, much OF their couu:ry. But those cltl-
Gems who fill the high office of dispensing law
and justice, certainly should be better qualified
for so great trust And it is no reflection on
those who are literally endowed by nature or a
+ superior education, to say that they may not be
Judges of law. These sentiments submit to my
country, with all due Difference. Theyare such
as expressed in the Legislature taeenty-eight
pears ago,and never heard a reason advanced,
which made me doubt fora moment the propriety
of them"
E Thus tesilies the experienced gentleman, VINO,
e at that time presided over this commonwealth J
. such, he adds was the conviction oftwenty-eieht
years experience, for an intimacy gilmore than
: a quarter of a-eenury with those tribunals. This
will certainly prove my proposition, that gentle
men may and de view persons things, through
/ different relations and different media
t Without hazardins ally thing, think, Sir, l
1 may say, more OF the happiness OF this common