Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-12-13

lent to the crime of sacrilege for man to be Cover
nor OF the province in which he was born, ha.
any civil connection. And this continued uninter
ruptedly the law of England for upwards of fou
hundred years, until The twelfth year of the reigr
of George H., when it was modified. Blackstone
says, 4th book: "But the local partially which
the jealousy OF our ancestors careful to prevent
being judged less likely to operate in the trial Of
crimes and inisdemeanors, than in matters OF prop
erty and disputes between party and party, II was
thought proper by the statute IL Geo. H., c. II, Ia
allow any man 10 be justice Of oyer and tern.iner,
and general goal delivery, within any county OF
England"
1t is the principle of those venerable statutes OF
our ancestors that desire to engrafed into
law And fully convinced that 1t is indispensable
to the unsupported administration of Justice at least
that 1t should be Gone, for the third time, present
this interesting subject to the attention of tho gen
eral assembly. Were four circuits united into one
district, and the judges thereof required to follow
each other in succession through the several circuits
the evils of which have spoken would be obviated.
The Inconvenience, if any, which would grow out
OF the system, would be unimportant, and would be
greatly overbalanced by the advantages to be OBJ
tanned.
herewith communicate the resignation Of Judge
Edwin 5. Duncan, and inform you that have ap-
pointed George H. Lee, Esq, of Harrison, an at
complished lawyer, to fill the vacancy thus crea-
ted. regret to have TO inform you of the death Of
that amiable, upright and learned lawyer, Judge
James Ii. Gholson. l have appointed that well
known and experienced lawyer, John w. Nash,
Esq. OF Powhaan, 10 succeed him.
respectfully invite your attention to the county
courts and the justices thereof 1t is not TO be dis
guised, that this important tribunal has suffered of
late years in the public estimation and that its
form essential to lis utility. This reform is entirely
and the right To make it clearly within
the scope of your constitutional powers.
The right which the members of this court pos
seSs of appointing their SUCCESSORS unknown to
our English ancestry, and is traceable 10 our early
colonial legislation. 1t is power liable to great
abuse, and is frequently exered TO establish or CON
tnue family party influence, TO the prejudice OF
the best interests of the people. Although this pow
er is created by tine constitution and cannot there
fore be annuled, yet 1t may, undoubtedly, be so
regulated by law, as to prevent much OF the abuse
TO which 1t is now liable.
But our laws have also increased the objectiona-
bic powers of this court. BY the revised act of Jan
uary III, 1919, it is made the duty of the county
court to nominate to the governor three of their own
body, one of whom to be commissioned "to execute
the office of sheriff in such county" BY the act of
March ., 1919, 1t is made the duty OF the county
courts to appoint commissioners Of tho revenne and
the practice is in some sections of the state, to con-
fer this appointment in annual succession upon mem
bers of their own body. An act was passed on the
24th day of February lS4l to arrest this mischiev
Gus practice, but it is practically defeated by the ap
pointment of some member of the family of the JUS
ce, who by rotation would have received it but for
the provision Of this law. This court exercises
over each of these officers in respects, Off
cal supervision, and may be called upon to act a
ganst both judicially. Can it be expected that il
will firmly and impartally administer justice a
gainst officers with whom the members of the court
must necessarily, and it may be in short time,
change places? The most upright men, uncon-
sciousy to themselves, may be affected in their
opinions by the unseen sympathies which will as
suredly arise from such relations BY act passed
April 2, 1881 it is provided that this court shall
appoint commissioners of election for their county
practically, this an important political power, and
is exerted almost invariably for the advancement
of party ends, and tends necessarily to impair then
character for justice and lmpar,iality in the mind
large portion of the people.
In this brief review of some of the powers of thi:
important court you cannot fail to that no othe
similar tribunal has ever been entrusted with sucl
a mass of delicate andmportat powers, so well cal
culated to impair its just value as court justice
and therefore hope that you will concur with III,
in the necessity Of IFS reformation.
In aid of this design, respectfully suggest thu
passage of a law, providing that the several coun
ties of the state shall be divided into districts, eac
containing from one to two thousand inhabitants
that justice Of the peace be appointed Tor each dis
trict who shall reside therein; that the justice
such district shall hold therefor, at some centra
point. monthly court; that three justices shall b.
competent to form the county court that the JUST
ces shall be required to hold the county court in
prescribed rotation that all future nominations b.
the court shall be to fill vacancies as they occur
that the justices shall be incapable of holding tn
shrievalty that they shall each receive one hun
bred and fifty dollars for their services per year
payable out of the county levy that they shall forr
out the shrevaty the proceeds of which shall con
stitute part of the county revenue; that each jus
tice i'm his district, which shall be an election pre-
cinct. shall be eT otico sole commissioner of cleo
ton therein and that the county court shall appoir
a constable for each district, who shall within sue
bounds ear oico perform the present election dutie
of the sheriff, and the duties also of the commits
soner of the revenue. BY this system the jusic
and his constable, the officers conducting all cleo
tons, would necessarily know every person with
their district and consequently could protect III
ballot box against fraud particularly if each vote
were required to vote in the district, in which h
possessed the right of suffrage. BY it, no subjet
/ Of taxation could escape the eye Of the commission
/ CT. and our income would be increased and , lastly
! by it the county court would be stripped of thos
/ powers which af1ect lis iinpartiaIity and shake
! in the public confidence.
Nor is there any difficulty in the way Of carryir
out this important reform in the tenure by whiC
the justices hold their office. a reference to u
common law. TO our colonial legislation >, and TO Il
first section Of the fifth article of our constitution
will satisfy am persuaded, every person that o'
justices hold their Offices at will. But appetizer
no difficulty from this question. entertain TOO hia
an opinion Of the patriotism OF our justices to belle,
that they will interfere TO arrest reforms dernandt
by the best interest of the country. Besides, son
Of those now in commission will no doubt be sclec
ed for the important duties contemplated in the
Suggestions, thus providing, it is highly probabl
for all those who have been distinguished for loI
and unreguited service.
These county districts might also be adopted