The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-10-28


nexon, to lord it the interests of their fellow
citizens in subservency to their own2 Who has
not County Court made up of the bipoted
votaries of certain creeds ADD dogmas, and ready
to the utmost to promote those views and put
down all oppositon Has any one ever known
court thus To attend, in their own way, to the
business of their friends, and then adjourn without
caring tor the concerns OF legal rights of others
would by no means be understood as ntimatinr
that there have not been and are not now TO be
found upon the Magistrates bench. Gentlemen,
high minded, honorable Gentlemen, who would
scorn the idea of turning the powers conferred
upon them TO their own account. But do saw.
that the system necessarily opens the door to those
of different character, and that it has 10, been
opened in vain
1t is urged by some, that upon the nomination
of improper persons as Magistrates, the people
should demonstrate. in form of petition to the
Governor setting forth the facts of the case, and
the true character of the nominees This NAV
be very proper and should be done where no better
alternative exists But i, is, at best only CUTTING
at the branches of the iniquity. 1t might prevent
evil in some cases. but it would leave the odious
forth and reproduce their fruits OF tyranny and OPP
preston Instead of such paiatives let us strike
at once at the very foundation of the evil for evil
nodispassiunate man in his sober Senses can doubt
that it is.
1t has been urged reason for the NIaeis-
trates being allowed, in effect, to elect themselves,
that their office is one of too little importance to
trouble the people about. | have but TO reply that
any people who are not willing to attend to their
own public interests and the appointments of their
own officers cannot long remain free people A
sovereign who will not attend to the business and
interests of his sovereignty may not long hope to
remain sovereign even in name, much less in
reality. But | am by means prepared to ad-
nit that the office of Magistrate is one of small
moment in Virginia. Let it be borne in mind that
Of all tyranny, judicial is the most DANCE rous and
oppressive. 1t operates directly upon its victim,
and where the forms of Law deny the right of
appeal leaves no adequate redress. If the Leg
isator enacis unjust Laws he may reflect that his
own interests, his own person and property may
be subject to the operation Of these laws The
Executive power is hedged around by the limita
tions of Law, as declared by the judicial trbu-
nails. But let us inquire if, indeed, the duties of
Magistrates in our Stale are of such an unmpor-
tant character as 10 warrant departure in this
instance from the general analogies and principles
of our governmental system. Let us see if thew
are not of sufficient magnitude to warrant us in
contendlng that In their appointment they should
be dependent upon, and not independent of, the
sovereign people If they are thus insignificant
let the office itself be abolished
But these duties are not unimportant. The
Magistrates the cOnservators of the peace. and
may, by warrant, arrest and commit for trial any
person on charge OF treason, murder, felony or
other crime or offence whatsoever against this
commonwealth" And five Magistrates NAV. as
an examining court, entirely and absolutely dis
charge such prisoner or order him to be tried Ell
ther before the County or Corporation Court. or
the Superior Court of Law And let it be still
borne in mind that the County Courts are COM
posed of Magistrates
Again any single Magistrate has counizapce Of
all matters of debt, within twenty dollars and if
the sum be less than ten dollars in a civil matter
or less than fire upon penal statute, there is no
right OF appeal whatever and yet does not everv
man know that it is in Ibis very class of cases in
which the amount is small and the party USUALLY
in moderate, it not INDECENT circumstances. that
there is the greatest danger of oppression, of in
justice and illegaty Of proceeding? But even
where appeals are allowed they are only to the
County Courts and all are responsible to the
people.
But in suits where the matter in controversy
exceeds twenty dollars, these same County Courts
are clothed with full common La,O and Chance
ry powers united Indeed if such powers should
be derived from other source than the people then
we say all the powers of government NAV with
equal propriety and an equal degree Of RepubIi
cansm be so derived Our County Courts have
also cognizance Of cases relating to roads, BRIDGES.
county taxes, the appointment of school commits
sioners, the probate of wills, appointment of adj
minislrators, the appointment of guardians, and
the control of the estates of wards as well as the
ultimate, absolute and exclusive jurisdiction of
crimes committed by slaves. This enumeration
of portion Of their powers is, we imagine, quite
sufficient to show that the powers Of our Magis-
trates are of very great importance and to satisfy
| every Democrat every friend Of rational Liberty
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