Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-12-21

To TIE EpIToRs OF THE VINO.
am pleased that there is ore individual in tho
mott nern Neck, who has independence enough 10
question the pc Election of County Court System
ana 10 prove Clearly, that good men NAV constitute
very bad tribunal heartily concur with that ind;
vldua IN the opinion that Justices are in gene.
raj thy men, good patriots, and always mer,tinr
our thanks, Tor beng willing to take upon themselves
the arduous duties which devolve OH them. believe
that, whenever they attempt TO administer ,us,ice
they are as impartial as human nature can well be-
under all the circumstances Laying aside the want
OF legal learning, and almost total IGNORANCE NJ
the forms prescribed and practiced in our Courts
lmahy OF which wish could see exploded1 by rea-
son whereof Justices become mere automatons in the
nands OF the Bar The slow and irregular manner
business is conducted in these Courts renders thor,
very unfit for their almost unboupded ;nr;sd,ct;om
Add to this, the frequent Interruptions which the
county Courts SO often meet with and to which tbnv
.eel 'nemseyes almost compelled to submit, rather
than offend their neighbours and friends who presmn,
ing upon their on, of door intimacy take liberties
which lily become the forum of Justice DO not
lawyers TOO impose greatly on The time and patience
OF tnese courts! Do they not often throw or
to throw difficulties around case before tbesc
Courts, that would suffuse their faces wi crimson
We're they to attempt 1t before Court learned in the
law and skilled in the practice. But the oreatest
source or ooJecens 10 these courts u.s. the variety
and number of persons who constitute them Tbe
r'a OF cause may be commenced before A, b G,
anu H. and before the evidence is gone through with
and the cause argued two or three of the nbove
hamed Justices, have gone into he court house vard
or to their dinner, and X, Y or T. have taken their
seats on the BENCH and perhaps as is often the casel
when the Jury return their verdict into Cont mn
entire new set of Justices areon the bench to receive
and enter II as their judgment, when in truth thew
nave not heard the case stated from the bar nor
90 they know whether their Judgment was founded
on an action of assault and battery or Grim con
Phen difficulties may and often do arise if not
amnunhting TO denial of justice, at least preducino
great delay as We. as nconvenience and expense to
the parties "A long and tedious list of other oh,ec
warGn h
ses to prove the defects of our County Court System
but the above will, together with genersl know
edge OF the facts stated, suffice, is hoped to call
the various considerations of the LEGISLATURE to this
important subject. [ one of the very few
who expressed hope that the Convention would
MOI have recognized the County Courts as con-
stitntional tribunals, but leave them under the
controul of the Legislature. In this have been
disappointed What can now be done to remedy the
defects of these courts? Although we cannot remove
the disease OF sick man. we ought nevertheless en-
deayor TO alleviate it and if cannot save his life
we should try to administer something hat will make
him die easy Let the Legislature lay its restricting
hand on the jurisdiction of these Courts Limit
their jurisdiction ali actions of debt actions on tbe
detinue and trover to co. and in aIl other ar
tons to $50 Let them retain their present iurisdic
ton IN granting letters of administrations nd appoin
ing guardians but make It their duty to appoint a fit
and proper person to be called Auditor or Commits.
sloner, whose province it shall be- settle every adj
mInstraton. and guardian account at the end of ey-
cry year, from the date of the administration or
"oho' having HrS uuly summoned the Exec
tor, Administrator, Guardian to appear before him
Tor that purpose On certain day and place; and
should any Executor, Administrator or Guardian
refuse, or fail 70 do without good reason thereto
to be Judged of by the Court, revoke his appoint
men, and If no other person will accept it. place the
estate4 in the hands of the Sheriff aus curator nv
TINS Jusiice will be done heirs and infants,
uniformity and certainty will be observed in all SET
neutrality-suspicious. will be regulated by the cir
culnstances OF each case, and not left to Commits
l,is appointed eX-parte, and perhaps selected for
tpelr 'gnorance-moreover estates will not then be
suffered to remain for years unsettled and perhaps
lotai.y wasted Make it the duty of the clerk ofthe
TO furnish Immediately after every term, lis: of all
lualica'ions as executor administrator, guardias
to he county auditor and allow him thirty cents for
every hour he shall be necessarily engaged in each
settlement; TO be verified by affidavit on his return
Whcn made to court which out to be at its next
term. ~
Ihe above hints have been suggested, without in
lending The slightest dsrespect for the Justices of the
Peace My object is to excite Investigations and with
reformers TO call on the Delegation from the Nor
thern Neck particularly, to take this subject into
ther most serious consideration RADICAL.