The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-10-21
From the Chronicle of March Goth.
OUR COUNTY COURT SYSTEM

MOL
Mr.. Editor Allow me, through the columns
OF your paper to consider briefly the operation in
practice, of the power vested in these tribunals
Let MS see If this system carries out the doctrine
contained in the Cd section of the Bill of Rights
unanimously adopted by the Representatives of
the good people of Virginia assembled in full and
free Convention June IL, 1776,'' in these words !:
HI po~er rs Uested IN, and consequently de-
rtoed from Me People Magistrates are their
trustees. and servants, and at all times nmena D..
BILE TO them" What more glorious truth than
this could have been declared! 1t breathes the
genuine spirit of Freedom. 1t strikes at once at
the very foundation, and over,urns the whole SUI
perstructure OF domination "jure dirino'' under
the exercise of which pretended right the degra
ded sers OF Europe have heen for centuries ground
to the dust, and the hard earnings of the poor have
been wresied from them to fill the Golfers of the
rich and powerful But how does the orqaniza
ton of our County Courts accord with and carry
out the doctrine " that all power is derived from
the people," The Magistrates in this Glorious
old Commonwealth, the Mother of Presidents.
Statesmen, and Heroes, derive their powers. not
from the people, but from each other 1t is the
BOARD OF Magistrates, themselves, who nominate
others to be commissioned by the Governor and
Council With all this what have the peopIe to
do? Literally nothing. They are not like the
Judges of our Superior Courts chosen by those
who arc directly responsible TO the people for the
manner in which they discharge their high trusts
True. the Law provides that they may be punish
ed by information indictment, and their com
missions vacated by Circuit Superior Court of
Law and Chancery. But this can only be done
upon verdict of jury charging corrupt and
willul or tyrannical exercise of power A charge
hard to be made out and not likely to be so de-
cided, unless in case of the most fragrant and
outrageous injustice. Besides, those who are most
in danger of oppression from decisions contrarv 10
iG'D are those least able to undertake such pro
ceeding for redress
We ask, then, ought not the law on this snb
ject, at least to be far changed as to permit the
people TO choose their own Magistrates? And
should not the right of appeal from their decisions
be also extended, and freely allowed? Let il be
borne in mind that the weak need, and are entitled
to protection, as well as the strong. That the
debtor Tor small sum is much. and moro in
danger of suffering injustice from illegal decisions
than he who is sued for thousands
As showing the danger of abuse in the exercise
of the powers confded To these tribunals. let us
suppose the nomination of Magistrates going for
ward IN The Court, were we to hear member of
that Court, Zone, by the way, who is so mindful
of the interests Of some in the community as Ia
be constantly on hand for the decision of ,gnrrnnt
\ |
claim in greatexcement, " No. it will never do
TO appoint more Democratic than U1hie Mapis-
trates! !" What must be our impression "a ro
his notions of Justice and Law in community of
equal treemen, when his opinion of the fitness or
a fellow citizen for high judicial trust depends
upon the question 10 ,Ohat political party does he
belong2
Suppose again we were to see the Court pro-
ceeding at another time to make nom nations for
the same office, and uniformly to reject everv
Democratic nominee and confirm every Whig !;
and that too in a community with half score of
wing, and not one Democratic Magistrate. Must
we not IN charity conclude that they are conscien-
tous IN the opinion IT some of their poIi,ical
brethren, that they have upon their side " all the
learning all the talent, all the respectablity. all
the wealth and all the religion, )" and that. there
fore, it is in vain TO seek for fit candidate for
the office Of Magistrate in the ranks Of their no,,i
cal opponents! God forbid that the people Of the
old Commonwealth should longer submit IN sucb
a system of irresponsible despotsm Let ,bis
metropolitan feature no longer disgrace oor
Statute Books! Let this licensed Star Cbop,b,r
IF Virginia he abolished Let us swear in ,bo
name Of humanity, in the name Of American Free.
dom and Equality, and in our own sovereign name
it must, it shall be done. Yours. &c.
ONE OF TIE PEOPLE.