Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-06-11

These courts virtually appoint their own ascot
ates and successors. The magistrates have then
Offices bv a life-tenure. They are neither elect
ed by the people nor responsible 10 them. Yet
they not only constitute clumsy judiciary with
almost Unlimited jurisdiction, but they exer-
else within the counties the entire power OF 10.
cal government. They appoint officers, regulate
the police, establish roads and levy taxes In
the exercise of these powers they are practically
subject to no responsibility, and, in many lnstan'
ces, to no supervision. Ifthey act well it, is tc
the credit of their individual integrity, but if they
do evil there is often no redress
The Office of Sheriff devolves upon the justices
of the county courts i'll rotation. Other offices
are filed by their appointment. The Governor
and other principal State officers are appointed
by the General Assembly. Not one, from the
highest to the lowest is subjected to the ordeal
of a popular election. tas Our Bill OF Rights
asserts effectua security against mal-administra.
ton is essential to the best form of government,
how far from the best must ours be which lodges
so much authority in irresponsible courts and
leaves to the governor the direct control OF no
public agents except the legislative!
Among the most admirable Improvements
adopted By our sister States are these which con-
iie the administration of local affairs to the peo-
pie of the counties and townships, or to officers
| frequently elected by them. These local gov
ernments become schools politicalshill, salts
fv the popuar sentiment and, while conforming
| to republican IDEAS, secure The watehul care OF
those immediately concerned for the affairs COLI
fded to them. Rejecting all these advantages,
we perpetuate policy which has tendencies dl-
rectly opposite and which dii1use discomfort
through every county.
The Constitution, which is the store-nouse of
so many evils was the production OF a conven-
ton which assembled in an enlightened age,
with the advantage Of much experience But a
sense of oppression on the one hand, and te-
nacity of Lower on the other made it the arena OF
violent struggle between opposing scetions
The victory remained with the few who were
| intrenched behind cid institutions. Injustice
was perpetuated, and few substantial reforms
were achieved On the contrary the solemn
sanctions of written constitution added an ILL.,
| violable guaranty to some abuse which before
re sted ONLY upon legislation. We now find the
| Commonwealth, after the experience Of three
quarters Of century, with constitutional pollty
less perfect and less comfortable TO the great
principles ct civil liberty, than shc had in 1776.
Therery antiquity of some parts OF cur sys-
! tenn has become an obstacle to reform, They
attract misplaced veneration, as if they had
! been created by the deliberate wisdom OF the
pure patriots W no founded the Republic. But
! our revolutionary ancestors when they cstab-
lished the constitution Of 1776, IN the midst CT
arms left on record in the instrument itself, that
it was created because of the deplorable condi-
ton to v HIGH this once harry coantry must be
reduced unless some regular adequate mode OF
civil ptlity were speedily adopted Acting IN
such an emergency they had more care to estab-
lish the bread principles on which the new com
monweallh was founded, than to perfect all the
details of civil polity. With wise caution they
left existing institutions unchanged, except
where change was Indispensable They LETT to
Us their descendants, the duty of completing the
structure, OF W hich they laid the foundation
Having TO enumeration Of the people, they mere
ly assigned to each county, as had been usual,
two delegates, and to the State certain number
Of Senators. Not undertaking to mature rule
of suffrage, they declared that it should continue
to be exercised as it had been. In like manner
the county courts remained as an existing insti-
tuition They attempted no innovation in the
mode of appointing officers, but such as became
indispensable by the substitution OF a common
wealth fora colony. We cannot regard con-
| stitution framed IN such an exigency, as full
| exposition of W hat the revolutionary sages would
have devised or approved, if their circumstances
had been such as ours. In Justice to their men,
DRY we should regard rather the principles which
they taught, and these condemn the institutions
for " hich the authority is invoked. In the con-
stitution OF 1875 is a provision for dlsmantllng
| TOlttll Will oCSliio " tSdlu foPt-
lation as the true basis of representation, which
under that constitution was more the effect of
| time than the work of its trainers. Population
multiplied over new regons-poWer remained
with the old. The patriots of the revolution not
only declared the universal equality OF man, but
! by sweeping away titles of nobility, the church
establishment, the law of prinaogeliture and en-
tails, they designed to level the power OF class
es and families and cofporations-ot wealth and
of rank. They musteGualy have condemned a
claim to rule, founded in property, whether it is
made by a geographical section, or by "a family
or by corporation.
| Whilst they left many institutions unchanged
because their civil polity must be speedily a
dopted, the defective institutions which we
complain of, had, in an earlier age, sprung iron
temporary necessity or some other cause equally
fatal to their title to veneration.
1t is not surprising that an infant colony should
in its poverty, have been oblieedo rely OH courts
composed as the county courts are; for its only
administration of justice, or that it should have
been content with them as the cheapest mode
of managing local affairs. 1t is not surprising
that in times when the General Assembly, te
save the expense of its own meeting, delegated
the power OF taxation to the Governor and Coun.
Gil for two three years, and the county levics
should have been made (customarily' as an old
law expresses it) by the unpaid magistracy Of
the counties. Nor is it more surprising that
when, by Bacou's rebellion, the people were for
short time rid of royal governors, they made
haste to enact that numbered representatives
equal to the number of justices should be chosen
by the housth and freehoders of each
parish to act with the county courts in laying
the county assessments and making wholesome
bylaws torthe good ofthe countless This pop
ular enactment was afterwards annulled by the
same order of King Charles which, in other par
ticulars abridged the liberties OF the people; and
the county courts have ever since acted without
aid from the representatives OF the people. I'M
der the royal nurture they grew, in due time: &c
their present form and stature.
BY the same order to his governor, King
Charles restricted suffrage to free holders, for the
first time in the Colony, as being more agree
able to the custom Of England At first, suf-
trage had been exercised by all the Inhabitants
| afterwards by housekeeners only sometimes by