The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-08-09
.Qbe Guqlllrer,
/, RICHMOND. AUGUST 9, 1911
FOR THE ENQUIRER.
No. III.

Alter some preliminary observations. ]
have endeavored to show, in my first number.
me enormous powers which the County
Court Magistrates possess, according To The
laws and constitution of the state that no
dimlnution OF those powers is to be expected
from the interpretation Of The ordinary LIE
gisature; and, that'the Executive Depart
ment possess the only constitutional check
upon the corrupt administration of Justice
in tire county courts shall now exhibit
the abuses TO which those powers are sas
ceptibie of being perverted.
snail not put extreme cases by suppo-
sing, Ia in the exercise of their DOW err
while sitting on trials for life, where "a slave
is the 2ffender, the county court magistrates
can ever be gully of wilful, deliberate, ie
gal murder. am not So narrowed by the
poverty OF my subject, as to resort TO Shifts
OF this kind: Sufficient for the day is the
evil the reof." Bur where Tree persons are
be tried tor offences under The Grade M
felony, (and to all such cases the power ~
county court magistrates extends,) il NAV
bt presumed, without advancing an extra.
vsgant superstition, that the practice of in
justice is possible,
In the exercise of their power. as an ex-
aiming Court, where fee person. ac.
cused OF any crime amounting 10 felony at
common law, is brought before one Of their
number, the lowest passions and the vi
lest preJudices may be INDUCED in remand
ing the accused to the superior cour, for a
f1nai trial, (before the arrival of which an
lntervai OF ioathsome imprisonment may en-
sue,) as well as admitting, or not admit
ting, the prisoner to bail; and in this latter
case. as 1t respects the admission of the
prisoner to bail, 1t is a single magistrate
who decides, IN the iDcipient stages OF cri
mihal prosecutions, whether the accused,
whom lac has caused to be arr estcd, is To bc
discharged, oailed, or committed 10 Iail.
The use, or abuse of the powers, which
the County Court magistrates possess, of re-
commenting all militia officers, under the
grade of brigader is not, ,erhaps. in
any point OF view, OF the smallest conse-
quence. In case of actual warfare, the lists
at con- fhiss.oned officers would presently
disappear aud, indeed, so indiscrjminate
mas been their selection by the Executive
that military titles. so dignifed and impo-
sing an every other country, instead of being
terms OF respect, have become nickname
o! popularity. aud appcliations of derision.
But the power which they possess of no.
mnating sberifis OUT Of Meir o7un body. is
OF very different character. This Mode
OF appointment is so radically defective.
ana holds oct such temptations to the in ,
49, 49, VI PdttdHty anu TIE influence OF
prejudice. as often to produce, in the most
lncofruptible courts, a system Of favori,ism.
imperceptible even to the justices them
selves bnt where injustice is dcsienedlv
pracissd. by corrupt magistracy, how o.
pen, vide, extended and straight fore them
IS the road TO monopoly Oh one side, and ex :
ciusion from this lucrative Office on the other
1t IS rue that the Court offer to the choice
OF the Executive, three members of their
own body, who are generally selected. or
ought 20 be, from the date Of their Commits
sious. Or according 10 the services rendered
by theW; but alter one Of these three has
been commissioned by The Executive. his
Exclusion from the Office may be brought a.
6oui by very small portion Of that easy
management which low cunning is ever $,
ready to practice. The person conn issi
oned as sheriff may have his security re-
Jected, however ample. under the pretencs
~ ibpuiiicIency OF he court may refuse {,
examine rs competency altogether. Unde-
'thsse e'Fsshssanecsit Ieeomcs The day Q.