The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-07-30
Bile them to Illustrate any attempt to abritlge;


IN their capacity = legislators their ever.
grown power rs iusIic of The peace And
1t would, indsd, be a political phenomenon
ii ANY set of men should be found so honest
as to relinquish in one station the powers
ecurec to them in another.
III is somewhat surprising that this defor.
mky in our constitution has hitherto escap-
ed the criticism OF any writer upon the sub
iect. except Mr.. Tucker. la,e Judge of the
court of Appeals. After speaking of the e.
Eligibility OF the judges of the ccuniy courts.
TO either house OF assembly. (Which he
very correctly pron0urces 70 he "perfect
~ Incompatible with the principles of de
mocracy.") and their power as Legislators,
he nbserves-'i.As justices of fhe county.
courts. they are judges ir all cases OF lite
and death where slave is to be tried and
of all offences under the grade of felony, a,
common law, of which free person may
be accused. They constitute an examining
Court whenever 4 free person is brought
before one. of .heir number, accused OF any
CRIME, amounting to Felony at common law,
and may remand him fer fnaltrial to the
district court, or discharge him. as they
think proper. They are judges without APP
peal, in ali civil cases, where the mater i'm
controversy is under ten dollars. and per-
haps. where 1t is under twenty dollars -
they are also Judges III all civil cases. ari
sing within their, county (whatever be the
amount) both at common law and i'm equity.
They recommend miitiu officers under the
grade of a brigadier. and nominate all She
riffs and coroners; the former out. Of their
own body. They open roads, build bridges,
erect conrt-houses and prisons, and levy the
expences thereof upon the county and last
ly, they recommend to the execu.i,.l the
persons whom they wish 10 admit in,o their
oscn body. They may be at one aud the
same time. members Of the general assem-
bly,. Cor of Cougr1's,) Judges of the county
courts and militia officers of any rank what
ever. So formidable an accumulation Of
powers, in amy one set of men,, cannot fail,
III process OF time, OF establishing an cleo
tive arlstocracy in every county few &c
nerations. perhapsa few years. will Convert
1t int hereditary aristocracy, in fact-
For, those who have power to recommend.
or To appoint. to office, in so many Instances.
Will no, ve;:y long be forsetful OF their own
families connections and friends The cs
frit du coriis will descend from father to son
and from brother ~ brother; and as the
number of Justices in the county is unlimit.
ed, all VINO have once attained 10 that rank,
will probably be tenacious OF it in their own
families, This, then, may be regarded as
one of those forp,hlabe evils in our present
constitution. which future convention
should permit 30 enianger The rotal subverl
sion of the principles oar governments
Ample as the foregoing detail appears,
the enumera ion is not yet complete, and in.
deed, IT would require considerable research
to draw out an entire description rf the
powers which a magistrate may legally ex
ercise. Those which they assume to them.
selves. and for which they have no other
authority but the blind acquiescence of an
ignorant people, arc as various and inJetcr
inmate as their grovelIing indulgences of an
igDobie ambition.
Z II addition 10 fuckers enumera ton. il
.:ems that the County court M g; strates NAV
lie gaily exercise the following powers: rhey
appoint inspectors ot tobacco, -four, and
hemp, the staple commodities of the coun
Try. The clerks of she county courts. svho
may be taken enc Of their o7vn 6ody; the
commissioners of the revenue, and likewise,
the conStables of the County. They have the
power OF building poor houses. and OF pur
chasing land on which to construct them
they may, or may not grant, 10 any indiyit,u-
al within their jurisdiction the privilege OF
erecting 4 mill on his land = and they have
the appointment OF commissioners III assess
damages, in all case, of writs of adj 0uod
damnum, whe.e q mil is TO be butt, or
road marked out They Iicence tavern.
and fix the price 1t whicl,t the landlord is |
to sell his diet and liquors. They receive |
the proof of deeds, grant II ~ fro6at CT wills, |
and appoint guardians, whose accounts they
also settle and pass; they have the power |
OF directing tae sheriff to administer upon |
the estates OF deceased persons, where no |
otner person VIII administer. and OF set |
ting the accounts # sucn sheriff, or omit |
ting 10 d. so altogether, according 10 their
discretion; and finally they have the power
OF issui"s attachments agaips, absconding |
deDtors--~a power denied to airy of the iude.
es OF The superior Courts. 81,
And here shall Introduce another ounSa
ton from Tucker; NOT only because i, IS so
pat my purpose, bmt because it explain,
i'll few words wharhas already been lin
ted at--5hc mpracdcabi'ty OF obtaining
through the mediun of .he ordinary lerjs
lature. any retorm in the organiz alton of the !
coun.y Curt system.
One very great inconvenience. SAYS !
he, " which arises from the Justices of the
County courts being eligible as members OF
begins 70 manifest itself very |
strongly with respect to- those Courts, Inc !
constitution declares that all persons holding /
iacrGriUe Offices shalt he Ineligible to ei.ner |!
house Of assembly Jnose members 4vho |
are Justices Of the county courts, bring il, !
al hro626Aity, eqHaHy feadcioua Of their !
seats in the legislature, and uhon RTE bench |
Of their courts may be sufhoSed 10 be- M, |
willing 30 accehk Of any comhenSation for |
their SerUiceS as Jastices, since thai zo0nid |
exclude them /rom Seat in tie iceiskature. |
= n.