Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-03-11
THE COUNTY COURTS.
From the Winchester Virginian

II
Mr.. EDIroR-Ina former number of the Vir-
ginian called the attention of your readers to
the question OF Conventional Reform, and briefly
adverted to what conceived to be prominent
defeot in our County Court system-that leeisla-
tive, executive, and judicial powers were, in
fact, blended in these Courts in violation of
principles which lay at the foundation of our
free lntitniohs. was happy to find that you
conculred with me in the general views then
presented and that you have since fully shown
that legislative powers are practically exercised
by these tribunals. The proper correction for
this II seems to me: lies in the amendment OF
the Constitution and not in "a repeal of the
law giving power, as suggested by a correspond
ent. Suppose the law vestng in our County
Courts the power OF contracting for the building
of bridges, making of new roads, and altering
of old Ones building and keeping in repair Court
Houses and Jails, were repeaed-in what til
bunal or upon what class of citizens could the
Legislature, under the Constitution, repose these
and other varied duties now exercised by the
County Courts! am aware of no such body.
II, however, the Legislature has the power un-
der the Constitution, the creation of such body
might, and probably would, be highly inexpedi-
ent, as these Courts are at present constituted.
There can be no question that the blending of
these powers is expressly forbidden by the Con-
sthution. and it is for this reason that | object
W us GAtIClSc ny EQUITY COuTtS III leSlSN-
tive power was authorized by the Constitution,
its exercise by the Courts would certainly be
less exceptionable
The main objections, however, to the County
Court system is to be found in the principle Of
| self-creation, the authority of electing all our
County officers and their total responsibility to
the peope; in violation of a fundamental princi-
pie OF this Government to be found in the Virgin
ia bill of Rights "That power is vested in,
tJ,, r,.,1I No In.
and that magistrates are their trustees and ser
wants, and at all times amenable to them" And
in the same instrument see it is further said,
'!that no men can be taxed or deprived of their
property for public uses, without their own con-
sent or that of their representatives elected by
them"
1t is not difficult think, to see that the present
organization OF these Courts violates both these
fundamental truths. AS great names have, how
ever, been invoked in behalf OF this system, in
the place Of any further remarks ofmy own, |
propose quoting from one who is, at least enti-
tied TO great Difference and respect alltde TO
Thomas Jefferson. In his letter to Samuel Ker-
chival, dated Monticello, July 10th, 1916, he
says, among other things: ''1he Justices of the
inferior Courts are self chosen, are for life, and
perpetuate their own body III succession forever;
so that faction once possessing themselves OF
the bench ola county can never be broken mp,
put uolu tliCll CouiltJ lOlcfGt 1iidiooo-
luble. Yet these Justices are the real executive
as well as judiciary in all our minor and most
ordinary concerns they tax lis at will, fill the
office OF Sheriff, the most important OF all the
executive officers in the County" The juries,
our Judges of all fact, and of law when they
choose it, are not selected by the people, nor
amenable to them. They are chosen by an Of
fcer named by the court and Executive. Cho-
sen, did say :? Picked up by the Sheriff from
| . fb,,o
respectable has retired from it.. Where then is
our repubicanism to be found Not i'll our Con-
dtitut;on certainly, but merely in the spirit OF
our people, That would oblige even despot
10 govern us republicanly. Owing to this spirit.
s. to nothing in the form of our Constitution, all
things have gone well. But this fact so trum-
phantly misquoted by the enemies of 1eforma-
ion is not the fruit of our Constitution, but has
prevailed in spite oft Our functionaries have
any were not SO, they feared to show it,
Again, in another letter, to Col. John Taylor,
dated July 21st, 1916, re says, "It is their self.
appointment wish to correct; to find some
means of breaking up q cabal, when such one
gets possession of the bench. When this is the
case it becomes the most affecting of tyrannes,
because its powers are SO uarious, and exercised
on everything most Immediately around us. I
knew county in which a particular family Ia
|
for whole generation never admitted man on
it who was not of lis clan or connexion. i know
a county now, of 1900 militia, of which 80 are
federalists Its Court is of thirty members, Of
whom twelve are federalists. There are largo
and populous districts in it without Justice, be-
cause without federalst for appointment. And
there is no authority on earth which can break
up this junto short of a Convention.
| A Convention was accordingly held in the
| IF butE ,pGx- ha dc.
fects complained of by this great and true
friend to the rights of man. The same defects
that then existed now exist. The same objections
that were then made now apply to the County
Court system. Andin place of suggesting q
remedy of my own, which frankncss compels
me to admit is involved in many difficulties &ld
needs the most mature consideration of our
wisest statesmen; again propose as not out OF
place at the present time, to give the plan ct
Mr.. Jefferson. In the same letter to Mr.. Ker-
chiva before alluded to, he says, (alluding to
these Cours): "But it will be said ii is easier to
find fault than to amend them. | do not think
their amendment so difficult as pretended. But
follow principle and the knot unies itself Dl-
vide the counties into wards of such size as that
every citizen can attend when called on and act
in person. Ascribe to these the government of
their wards in all things relating to themselves
exclusively. A Justice chosen by themselves,
in each {; constable, military company, pa
troll, school, the care of their own poor, their
own portion of the public roads; The choice OF
one or more jurors to serve in some court, and
the delivery, in their own wards Of their own
votes for all elective officers of higher sphere
will relieve the county administration of nearly
all its business, will have it better done, and BY
making every citizen an active member OF tho
government, and in the offices nearest and most
interesting to him, will attach him by his strong
est feeling to the Independence of his couneky,
and its Republican Constitution. he Justices
thus chosen by every ward would constitute tho
County Court, would do its judiciary business,
direct roads and bridges levy County and poor
) rates, and administer all the matters OF common
, interest TO the whole County These wards,
called townships, in New England, are the vita!
principle of the Government, and have proved
themselves the wises invention ever devised BY