Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-03
Far Tie Enquirer
q FFO ISVI UT
COUNTY COURTS-No III
WIN OOO II -4NU. III.
Ia liz Gcn.rnI dssc,nhln NJ Iirnini..


Il will be seen, upon an examination of the
sketch given, that is part of the scheme, that all
the civil business is proposed to be placed in the
Quarterly Courts, and all The criminal BUSINESS
in the monthly terms. This change would not be 50
great as 10 give rise 10 any difficulty or appre-
bend be any ground OF objection, while it would
greatly facilitate business in both The monthly
and quarterly sessions; an advantage | presume
which would more than countcrbalance any evil
which might by possibility grow out Of it. twill
also be seen at glance, that the Commonwealth
Attorneys would be diminished in number: all
now in office would be deprived Of their present
offices, and the Presiding Justices" would occu-
py their paces-but there is little doubt but that
from the ranks Of the present Attorneys for the
Commonwealth the new Office would be filed
these would be the chief, il moi only changes made
and while the County Court would retain its
present organization, it would have at its COM
mand always the knowledge and skill, oflhe "pre-
siding Justice" and thus a reform would be ac-
complished, without attacking old prejudices as
injurinusly affecting tribunal having already
enlisted in its favor the habits and good will of
the people.
One objection has been urged against liz pro-
posed scheme, by those whose opinions are emit
lied 10 respect, which il becomes me 10 notice as
fully as my brief space will permit; is this: that
by the scheme "a judicial officer is appointed, who
ex-otiicio is also an Attorney" | confess that
from choice, would not create such an officer as
is here described, but we arc placed in asiluation
in which We must seek moi what is perlecI. bll.
that which j, is in our power 10 obtain. r. how
ever, We examine The objection we will find that
il is a matter almost Impossible to point 10 any
Office whose duties, atslraclly considered, are
wholly judicial or wholly ministerial; minglins
OF judicial and ministerial powers in some degree
is not uncommon, and we find no injury 10 result
from il, so far as necessity has forced us hereto
fore 10 60, in mnging these powers; and il, in Ibis
case, il is carried farther than in those with which
we are familiar, yet we introduce no new princi-
ple-and the circumstances of the case Justify us
in the step, when no real evil can result and
much good may DC the consequence. Again il
ought TO be observed that the Presiding Justice can
never, under any circumstances, be called on toex-
ercise his duties as prosecutor, and his powers as
magistrate in the same forum--lhc Office which
he will hold in the quarterly sessions, where civil
business will be transacted, being perfectly sepa-
rate and distinct from that held bv him in The
monthly terms and in the Superior Cour;s--,hc
only connection between them being that they
will be held by the same person. The presiding
Justice" will be, from The nature of his Office, in
judicial position in the Courts Of quarterly scs-
sion; and at the monthly terms he will hold an Of
lice in It's nature approaching a judicial one, as
in practice. Ii rests in the Judgment OF the Com
monweahs Attorney odecdc whether person
charged with a crime shall be prosecuted or not:
and this practical power NAV, indeed he addnced
as an instance Of the minglirgo Of powers, laid as
The ground of The objection under consideration.
Il nd not 10 multiply instances 10 meet This ohicc-
ton, We may here, TO show that mnsirg in he
same officer ministerial aud judicial functions
l.. in fhn n IoL,,
cal Tie following quotation, upon which jllst
now happen to lay my hand, which il APT and
proper: "The power and duty Of Sheriff are
either as Jadge-as the Keeper Of the King.
pcace-as ministerial oGStcr of The Superior
Courts Of Justice-or Is Kings Bailff In his
judie'al capacity, he is 10 hear and determine all
causes Of forty shillings value and under. in his
Comfy Court, and he has jadidM power in d.
ver> other civil cases. Dalr on SheIirls. c. f.
No injury has heretofore resulted in such cases
and if injury is apprchended, it is incumbent on
those who urge The objection, 10 show how i'll will
come: and hope may be pardoncd for saying,
that thiEk il will be found that The objection here
has its origin in prejudice, rather Than in reason
Having thus noticed The most usual objection
10 the scheme. and having enumerated the evils
which il is sought 10 correct. allow me further
space, briefly To snumerate the positive advan-
tnrvs' ~c. .rs:-. :e"' ir"n :nc >che!nn--rud Ike
| most prominent are these: a professional man
will alwsvs be member o. The County Courts.
afnrding to the members Of he Cour; The benc-
fit Of his knowledge and experience There he
ing head 10 the Couri, business under his d.
rcc!ion will be promptly and properly conducted.
While justice Will BE- promptly administered, with
increased certainty ard despatch, The saving in
each county, in time and money 10 snilors and
witnesses WILL verify believe bc more Than dou.
bic The salary Of tic presiding Justice" The
efficiency Of the County ConI,> being restored.
! the business Of the Circuit JuGS,s vii &c greatly
diminished and The ircquen, resort, row 50
necessary, 10 special and Intermediate lcrris, 10
the harrassin" Of the people, lie Judge aud the
Bar, be entirely obyiacd. In addition 10 these
benefits il may properly he urged that The office
Of presiding Justice" will be a schrol in which
will be formed, that rarcs., but most important OF
all our officers good nsi prius Judge.
While the duties of the 'Presling Justice" will
be onerons and troublesome, yet if our calcula-
lions with regard 10 the salary and pcrquisies are
correct, il will command such talent and learn.
ing as may be sufficient; and the system OF "Or-
phans Courts" so much needed, 50 important, and
50 often vainly asked for will in effect be obtain
ed-order will be introduced where disorder
regns-legal business will be restored 10 chan
Eels which il was intended to occupy Int which
are now alm,st deseHed-ani this will be accom-
plshed without one cent cf additional taxation,
or injurously affecting an Individual in the Com
monwealh h. a. or L.