Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-02-28
VIRGINIA sThTE CONVENTION.
SiNE7EEITR DAT.
TnussoAY, 0EcsMssR 9th, 1851.
fcaS7iSCE2.

E7gEIrR Day.
THURSDAY, OEcsxssR 9th, 1851.
fcaSEtsCEo.
EVENING SESSION.
TIE Con7en.ien reassers:ed at O'Clock
Pm.
The pending question vas upor tas amend
men, offered 5y Mr. S7UART to tee % section,
striking out ''sh.ee" aad "one.'
The PHEs1psSr.- is evidently no quo>
rum present, and the Chair will not coGsent Ihst
sny action shall be had upon this Constitution
until a quorum is present. It is matter 0!
too much Importance to be proceeded with IN
the sbsencs Of a quorCn.
Mr.. CAETxR.-l :maye call Of tho House.
The motion was agreed 10, and ;na roll being
called, ouly 50 members s2sTerla 70 ,hsir
pames go.
4 sufficient aua5eT to constitute quorum
soon arr;ved, vaen oil further proceedings
upor tie call were, on motion, dispensed With.
Tho question vas then taken on the amend
nent oti.rsd by Mr. SrEART, and il vas de-
c;ded IL the Affirmative.
Mr. RAXDoLrs.-l ncTe to nnenG TIE din
section by adding thereto the following: land
With the concurrence of majority Of the
members elected 70 each House, provision NAV
be made for more than one judge in circuit"
offer this to meet the case of city CT
town which caunot. be divided into two cir
cults. In case ike lh:t, it would be proper
to confer upon the Legislature the power Of
making provision fcr q second judge oy vote
Of the majority Of each House.
Wehsve In Richmond avoided this nsees-
si.y. by spgrafting Judge upon the hu,:ings
court. but tho growth Of the city is such the:
both judges cannot keep dowa the business.
There ought to be provision made for appoint.
ing another judge, in case the quantity of ous:-
ness increases beyond the capacity Of both OF
OF one judge to discharge
Mr.. STuAE.--I do not cenc;eve hat that
amendment IS necessary.
The first ci.nse Of the 4sh section, provides
thai, ''the Stat. Shall be divided into not less
than twenty .ons judicial circuits. which shall
remain as now established, until altered By
the General Assembly,"
ltis'perfectly It competent for tho Legislstnre,
if The growth Of the city of Richmond shall De
such as is anticipated by the gentleman, to
make the necessary provision to meet the in
crease Of business, By creating a new circuit
Ir. RAHDoLPs.-If you cut the city it Two,
it will make the service of process very ia-
convenient. Besides, il we're rather strange
anomaly 10 see two judges in the city deciding
differently On The ssne point
Mr. STCART.-I 90 not conceive thst there
will De the slightest practical iIcon7anience
under the clause as il COW stands. If yon d.
vide county. you have to arrange il with re.
ference tc some leading central lines, sppoT-
touicg eac:i section With due regard to con-
7snsace. cannot sac how you cannot d;.
vide the city OF Richmond BY making North
Main street one circuit, and South Main
street another ciFcait; but csn see how ;n.
convenience could arise with :Eo judges 10
one c;-cnlt deciding differently ca questions es
similar character. 49,.
Sir. RAsroLPH-To meet the objec::ons, !
Shall so modify my amendment as to conine
TO towns and cities; but dot see any OBJ
lection to having court of chsucery in the
city Of Richmond, and one ct COMMON law
l prscticed in our courts come years age,
when that system vas in existence, Judge
Robertson being at the tine cur c!cuit
Judge; and. must say, th.: It wss lie yery
hss system have ever seen. The two courts
sat 81 the same time with5u. shy conflict or
trouble, and despatched rapidly md complete
" the business of the city. But now, we
have q judge upon the hustings court bench,
Who has concurrent jurisdiction with TIE
judge Of the circuit court 1t was well that
this plan had been resorted to, else the busi-
ness Of the city would come to e dead stand.
propose 70 modify my amendment By
inserting in lieu Of the word "circuit, the
words ''city or town."
Mr FaIrp<, II .5a,;ra 70 ihnS
daily ccucnr in the smeodment proposed BY
my friend from the city of Richmond. Having
some experience in that matter, l assure the
Convention, that bs. :c- the anomalous course
pursued in the creation o! judge Of the nus
tngs court, it wcnld be impossible to gcs
throughawith the business Of this city. TIC
circuit Judge has so much business 10 90, that
It would be impossible for him, withou: some
such sid az has been afforded by the creation
OF hustings court judge, to discharge tho
business which would degolvs upon him.
beg leave to make one suggestion: The
clause in the amendment Of my friend rccur-
ing majority Of both Houses. to put into
operstiolL furnishes to tie Convention every
guarantee shs: the Legislature will, In no case,
permit that power to be used uonec,ssav:iy; {;
aad, moreover; the internal jealousy With viii
exist thereof. giving privileges TO ciies or
towns shich counties do not enjoy, will always
operate % . saiutsry check upon sDy abuse cl
that poSes.
tTus: II vii be the pleasure Of tho Con
Veatloh to atop! the amendment
=. LUG Question: w.s then put upon It's adop'
eon, ana it was decided IN the affirmative.
Mr.. DuIAsr.-. rove to smend the 8sh
section by striking out tho whole Of that SEQ
aoo, and inserting the following: justices
OF the peace shall be appointed by tno Gov.
ernor, and shall hold their efHcsrs during good
behavior" @a1
Several amendments have been offered .c
ss's section as asTepnr.ed by he committee; bu!
no propositioa;giviDg tho po~e. Of appointing
justices to the Goyerhc-, has teeE distinctly
presented to tie Convention.
trust they viii adopt this amendment.
DR.: CARTER.-.1 hops the amendment viii
oe rejected; :We nave considered and Dis
susssd this question Of electipg magistrates as
nr as is proper, ard we should be content with
mat We'have agreed to elect our magistrate:
lor IL years, the classification being such as e
cause one class to be elected every three
geara.
=, 1t viii Be- rsnllec.sd By the Convention tia.
mese magistrates are not merely o court
thsy are something more than court They
~ very frequently in laying taxes, In distribu
ing tho monsyof the county and haYs a,gres
Hkl a .I y =