The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-11-05
From the Chronicle of May Ia.
OUR COUNTY COURT SYSTEM
NO. III.


NO. III.
Mr.. Editor Having in the two preceding
articles On this subject considered the anti-repub
lIcan character of the SYSTEM having shown that
IN the mode Of appointment. the great Democrat
ic doctrine Of dependence upon the people is NJ
terly dlsregarded that the power of the Magis.
trateS in Virginia, is neither derived from mar
controlled by the PEOPLE; having further shown
snme of the abuses that have resulted from these
causes, and the Importance of the duties imposed
by law. mpnn these tribunals, we come next to
the consideration of annther class uf abuses, moi
less dangerous, and resulting in no less practical
tyranny, than those heretofore enumerated
We now refer to the evils of omission as we
have before done to those of commission, TO the
consequences of non user as well as those of aJu
ser.
Until 4 late law in some measures rempdipd
the evil, it might well have been said Of our
County Courts, as was once remarked of the
English Chancery, that Zone might easily get
IN, but could never get out OF Court" So thai
the observation-disclosures Of those suits fully warranted
the witty suggestion, that Napoleon should be pn,
in Chancery, when bastard government was
deliberating what should be done with the great
man whom they feared.
But the law giving the right of removal from
the County To the Superior Courts on motion,
when case has been pending twelve months
without final decision. has been far from reno
wing all the evil of which we complain. With
the almost perseverance and diligence, the post
and ,,f IL e
and peTchance second calling in the Superior
Court, two or three years at the least is USUALLY
consumed before the final settlement of petty
demand. Now. though this may be deemed
trfilng matter by many, yet we regard it as Sc
rIous evil. It's evil which affects. in a greater
less degree the interests Of all classes in the
community. Prompt payment, which constitutes
the life of every department of business, is thus
prevented by denial "f the means Tor compel.
ling the delinquent and diIatory 10 fulfil promptly
the solemn engagements Ia which they are bound
Nor let any one suppose, that in thus advocating
the dnctrine that ready redress should be givpn
by The tribunals of the country for all injuries
done, whether by Withholding just claims, or BY
direct acts of aggression. are urging the seen.
NY VI any 'hli'uIdl lltIFSiS ~ tle PNClilSU0,
injury Of others On the contrary, we utterly
repudiate the noion of arraying one portion Of The
community against another, debtors against credi.
tors. the poor against the rich. Legislation should
be equal, should give to all equal security, and,
far as possible, perfect security, for their per
suns and property.
Let us bear in mind, that the Withholding a
just debt is, in itself, equally oppressive with The
enforcement of unjust demand. Nor is this
kind of injustice confined to any one class in com.
munry. 1t is by no means true, that the poor,
as a class are more delinquent in The payment
of their debts than the rich. On the contrary
they often suffer most severely from the want Of
punctuaIiry on the part of those who, feeling that
they have abundant means to maintain them.
selves. without regard To the moral obligations
resting nppn them. as members Of snciety allow
the honest and industrious tradesman and me.
chanic to toll on unreqnied for the sweat Of his
brow" and, perhaps, in a state Of real suffer
ing. If now, he demand satisfaction for the
wrong thus done him is he 10 he told that credi.
tors are ever ready to cpprPss their debtors. and
therefore we can be in no haste to redress your
wrongs ynu must he content IN wait and srarvc.
ill it suits the convenience Of your neighbor TO
pay.
Ont upon such cbicanery and hollow hearted
pretensiun. And let that system which in rs
operation. leads to such results. he swon, ,rav
and known only among the things that were. Bn,
if we urge the adoption Of measures to eradicate
the evils Of which we complain; if we represso,
the evils resulting from the neglect of our Marie
tracy 10 act in those matters con6dpd to them. wo
are met at every step by the excuse, that thew
are not paid, and, therefore, we cannot exoec,
them to interest themselves in their businsss