Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1846-02-04
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OF not Icss consequence. than those
he has noticed. There are objections urged 10
the measure. which Ne h,s not attempted 10
ans wer. and some advantages in j, " hich he
overlooks.
IL sprcsrs to m, that it wculI. in manv
csscs, Be an sdvantsgc to the city, anil NJ the
same time no injury TO the county. tina, one or
two member Of ths City Council should have
seats in the County Court. II the city author
iues were abou; TO undertake WI improvement,
in which tic concurrence Of the county would
bo desirable, the views and wishes of the
Council could then b. properly represented
and urged upon the Count, Court. We may
want a small poI hospital, sul ,hink the
county ought tn contribute towards IT.. II
may be desirable toopeu. or repair, roal sutll
as tina, TO Ri,chietown, AMI the county mus,
concur az nothing csn b. done. A brilse is
to b. built or r"psired, such as the brilsr now
scro.s the creek. or the Que which formerly
existed in East Wheeling. and the expense
ought TO be borne jointly. \ hunlrei in
stances may b. imagined. in which the iu,e.
rests ut the city could b. promoted by m>m-
bers ot tho Council in the County Court,
familiar with tho intentions and desires ot the
city authorities, aud ready at all tunes To
explain aud represent them fairly TO the Court.
Al,d gentlemen. it SEEMS TO mr, have just
reversed the real state of the case, in the
objections they urge. Instead OF the proposed
measure bringing the Council under the innu-
ence OF the County Court, it might, with
much more plausibility be urged. tina, il would
ust have the opposite tendcncy.-,o enable
the Council t. bring an Influence to bear
upon the Court. But | do not think either
objection tensble. IL would merely bring the
two bodies into a fair understanding as to
each others object and intention, m regard TO
matters OF common interest.
One Of the objections irequentl, urged, re-
laics 10 that portion Of the resolutions which
apply TO the aldermen. Those who r~ccollect
the late difficulties about the Shcriiialty, aud
the hardships which have resulted TO a very
worthy man, will be at no loss To understand
the object OF this part OF the measure. The
proposed amendment, If il had been in force.
would have settled a very difficult question.
We would not have had one governor OF the
state deciding one way. and hi, successor thc
other.
But IL is said. that ii an Alderman could
u, In the County Court. hc might dccid. a
case as alderman to-day, and tomorrow assist
brother justice, in tying the appeal from
his WI decision; or, he might commit a man
one day and afterwards 60 20 the Court TO help
try him. II he did, he would have but one
voice out OF four or more. But it is somew ha,
extraordinary, that tn gentlemen who urge
this objection with such zeal, aud who now
say IL would BE- an enormous grievance, have
becnliving all their lives under the same rule.
and never discovered any hardship ia IL, ill
this matter hos been agitatcd. Nay, some Of
them even deny, ] am told. that such a provi
sion was erer in operation before. Yet justices
oil the peace have always had the right 10 assis,
IN the decision OF appeals aiken from their own
Judgments. our judge tics q man here, and
II an sppeal is taken. goes 10 Richmond TO the
General Court. TO assist them in deciding the
appeal. The Supreme Court OF the United
States, the seat OF Marshall and Story. j. com.
posed OF the very judges who & 'nerally decide
The cases, separately. upon which they 81,
together 10 render final judgment. Is there
any judicial system under the sun, in which
the principle here sought TO be condemned. j,
not, more or less, in operationl And it is q
proper principle. II the judge or justic,
whose decision is appealed from, is, will
others, a member Of the Court by which il is e
be reviewed, he will have an opportunity o
fairly stating 10 the Others, the reasons b,
which be was governed, aud The Others viii
have the advantage Of the explanations OF on,
10 whom the case is already familiar. and o
knowing that they oct upon il undersiandingly
The objection 10 the County Court System
does not rest on any argument like ths, whicI
Is here urged. tits the manner in which it ]
constituted and continued; It's powers OF ,aI
log the people and disposing Of their money
while they are not represented and have ~
check upon IL; and It's power Of appointing (,
county Offices, which i, generally distribute
10 its own members. which render IL justl
ohJcclionabIe az at variance with the Who'll
spIut OF our government. But while the sys
tennis Dob 81 ionoble. why attach any odiun
10 the individuals who compose the Court
Som persons must take the Office. Mus
tncy he prosecuted and denied the common
privileges accorded TO their fellow citizens
because they have consented TO serve the pub
JIG IN such en- office
osnno, Understand this democracy Of 81
illusion. Thu, The people Of this city shout
insist upon the legislature Of the Stale prohibit
, ing them from %sleoting any body they pleas
- very strange TO me. II is q new step !
: refrogressiue Ssaoevoey. though there po
once q renowned Squire. Ssneho Psnzs VII
was treated much after the same hshior
!, Ssn,bO sas iOTa whilslord of the lsle Of Tan,
ians end among the officers Of his court, \
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