Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-14
To THE EpIroRs Or riIn W,,,o

hc noSisioeure, regulating the fees OF Clerks. Az
you nave justly remarked this is n subject of great
Importance to the community and one in which
svcry individual in society, however low or elevat
ed his station may be, must feel the deenest solicit
tudc' nasmuch as the estate of every man is tribu
tary to the support OF this officer of the Govcrn
mont. The Office is of the highest conseoucnce
and has heretofore (with occasional cxcepionsl
been filled by the most intelligent and deserving
mcn-incn who have won the confidence of the
community, by faithful and upright discb,rge Of
their duties. But whilst uus willing to nw,1d To
them all the mort which the most tastiduous of
their admirers can claim, am by means dispos
cd TO yield my assent TO the conclusions of late
writer in your paper who signs himself One of tho
brotherhood. 1t is reasonable indeed for the op-
pressed to complain but it is ungratefu in him
VINO mas been tostcred with the most asslseus care
ana VINO has enjoyed for u number of years the g.
monuments of one of the most lucrative Offices nm
der the Government, to raise the camorou. voice
OF dissatisfaction simply because the necessities ef
the people required reduction of it's fees 'rhe
writer OF this article Is doubtless u generous man
and deserves the thanks of his brethren for the
esprit du corps which prompted him thus to defend
what lie conceives to be uncourteous invasion Of
the ancient rights of the fraternity But however
grateful they may feel to him tor this PROMPT and
manly assertion OF their privileges, they may yet
nave occasion to deprecat3 the rashness with which
1t was executed. The spirit of innovation is bold
not easily ntimdated by the vauntings of those who
may be disposed to impede its progress; and may
yet, II provoked deal still heavier blow to the.
pathetic writer has been pleased to den ominate tho
prescribed. And what the grievances set forth.
IN tho manifesto of this much injured, and would
be pied disciple of the quill? In the first instance
we arc gravely told that the Legislature were 30
destitute of common sense, to allow the same
fee for services rendered ia the county court as
tor similar services performed in the superior
court, when the labor necessary to perform tho ono
IN the superior court is much greater than that
which is requisite to discharge the other in the
county court. To sustain this assertion we have
the following example. The records of tho pro-
ceedings OF the county court allowed to be-
taken IN minutes or in short and brief entries
whereas the law directs that the records of tho
proceedings of the Superior Courts shall be made
out at length, and in form: For instance single
line in record-book of the proceedings of coun-
ty court will be sufficient to contain the entry of
Judgment on forthcoming bond yet ten lines will
hardly contain that entry when put in form, an is
the manner of the Superior Courts Now, this
statement, if true, would certainly prove great in
equality in regard both to the labor done, and the
fee allowed. But how stands the fact? 1t is true
that the clerk of the county court may make 4
minute of the Judgment in the first instance, but
he has subsequently to make entry of it, at large
upon the order book: the form of the entry is the
same that made in the superior court, which
renders the labeur of the equal, in every re-
spect to that of the other In the contrast which
he has drawn between the relative value of the
two offices, he has made the remarkable discovery,
that owing to the extended Jurisdiction of tho
county courts, they have more business to trans
act than can come within the range of the limited
and prescribed jurisdiction of the superior courts
In this supposition, also, / must be permitted to
differ from this able expositor, for reasons which
must be conclusive to every mind, on the first pre-
sentation of the subject. 1t is known that the
Judiciary bill of the last session extended the uris
diction of the superior court (Which heretofore
limited to one hundred) to fifty dollars. From this
circumstances it is evident that the business of this
court must be gcnsraHy greatly Increased For Il liz
not reasonable to suppose that suitors will epsoun-
ter the delay, and uncertainty incident to county
court when they Will have it in their power to Iit
gate their rights in the superior court Independent
of this, the chancery side of the court will furnish
no small share of business, which will more than
equal the profits arising under administration of
the old Judiciary system When these facts come
to be duly weighed instead of the sympathy of the
community, this worthy brother of the fraternity
can only meet the deriBion of ALI chose who NAV
feel interest enough in the subject to investigate
the grounds OF his complaint. But not content
with descanting upon the actual burdens which he
conceives to have been imposed on his order by
the passage of this fatal law, this ritter casts his
prophetic mind into the womb of fut,aity, and
predicts under the operation of this impoltic and
oppressive statute, tho NEST awful consequences
All the qualified are TO be driven from Office and
their places occupied by those who have no claim,
to knowledge there, in their turn are to drive the
Judges from their seats, which is finally to end in
total wreck of liberty. Wonderful prediction,-
fatal consequence!-But who, for a moment can
believe in the vagaries of SO wild an imagination
when facts, so different, staring them in the
lace! Is Is not notorious to the people of Virginia.
that not one solitary member of this fraternity
throughout the State, has refused to accept the
Office account of the reduction of its fees
but that, the contrary it has been sought
after with the greatest avdity by rival can.
didates even in the smallest counties7 This
speaks a language which needs no comment If
the fees are in fact inadequate to the decent MAIN
taInance OF the incumbent, why this great solici.
tude to procure the Office? Why did YOU sir nhe
writer of the piece in the Whig) accept the ap-
Pointment? There was compulsion on you TO
do so, and yet you are endeayoring to disturb the
country about hardship you have voluntarily
brought upon yourself. Those you attempt to en-
list in your behalf will believe yours to be ground
less complaint for surely those who have lived for
a length of time iii an Office ought to know whe-
Their it BIO losing business not, and if it were
So men of practical sense would hardly accept tho
appointment, unless it were from the pure impulse
OF patriotisn which nducemcnt none will suppose
actuated One of the Brotherhood. You call the
law regulating the fees of clerks disgrace to the
if SO, how do you honorable
man submit to the stigma which it imposes7-
Has avarice so taken possession of your heart
as to render you insensible to shame? or docs
your ill-gotten wealth enable you 10 hold tho
office to the exclusion of some other person,
more needy than yourself, willing to undertake,
and equally capable of discharging its duties7 I
would fam avoid all aspority of expression, But
it is time for the advocates of the people to speak
in language which will rouse them from the leth
argy, which has long paTalized their energies
and open their eyes to the burdens which are sought
to be laid upon them For it is fact, which can
not be concealed, that the abuses of the govern
mcnt have been calling aloud for REFORM and in no
department has the necessity been more pregsinp