Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-01-30
THE sTAUNTON SPECTATOR.
WEDNESDAY, JANUARY 80, 1850
REFoRoI---couNTY COURTS.

JuSIlce Is complained vi mere, IMAM eIee""ei" ="
deed, it is very questionable whether the higher
tribunals, with the superior learning and legal at
tanments of their officials have ever given as much
satisfaction ia popular sense or filed up the mea-
sure of their jurisdiction with nearer approaches TO
right and Justice. Hard sense, coupled with hon
esty of intention, carries along with itsOmethng Of
an intuitive perception of right and wrong, which,
nine times out of ten, reaches the real merits OF dis
pute, and awards accordingly. AS class, the
County Justices may favorably compare with any,
for integrity and general intelligence; The proof Of
which may be found in the rareness of criminal
prosecutions against them, and the frequency with
which they are honored by their fellow citizens
with seats in the Legislative Councils Of the State.
1t is evident, then, that the growing opposition
to the County Courts is not traceable to the inca
pacity ineficency doubtful character of the Jus
tces themselves nor TO dissatisfaction with the de-
risioHs of these ancient tribunals. Under such
views, the Justices no doubt, will feel disposed to
give acalm and dispassonate considerations TO 9TH
or objections to the system with which they stand
connected, and to consider themselves, not IN the
light of elements in such system, but as units in the
great mass of their fellow citizens Certainly there
is nothing in the office of County Magistrate, troub
lesome, thankless, payess, Gf the prospect of the
High Sherfalty be excepted which could control
their opinions as class against reasonable change
From the obvious propriety of adequate cOmpensa-
tien to those rendering public service-to the JUS
tcc and Juror, equally with the Judge, Sheriff and
Clerk, we should arrive at the opposite conclusion,
Judging from the ordinary motives ofhuman conduct
The objections to the County Court System have
their origin rather in NAL organization, than NAL
administration that is to say, in the aristocratic
features Of the institution, as especially exhibited in
tho principle Of sesperpetuaton. The practical
evils attributed to this popularity social rather
than judicial. Family partalities, in filling up va
eancies in the Magstracy, it is said, have resulted
in some counties, in Courts Of the same blood, TO
the exclusion OF other worthy ctizens-thus rem
dering the charge of arisocracy doubly odious by
afinities, acting and reacting, to create tho
evil complained of, and to be created by it. All
this, it is argued, must terminate in perverson Of
judgment and justice.
Without experience Of the practical evils COM
planned Of candou compels US to say, that the
struction of the County Court System 10 highly
aristocratical, aud so far, anti-repubcan In each
department Of the ACKNOWLEDGEMENTS, Judi
eal and Execulive-the people, as we conceive,
should feel themselves to be- the source Of power,
directly or indirectly. They may, by constitution
al provision transfer their right Of action in parllc
ular cases to their representatives and not violate
any claim of right. But that Republican Const-
tuition should provide, or Republican Government
tolerate self perpetuating corps OF officers of any
kind, is anomalous its face and contrary 10 the
great principle Unpopular accountability which
cur institutions are based.
We shall not be found, therefore, among the
number opposing the election Of gentlemen Justices
By the people. Secure them by q tenure Of office,
against Buncombe decsions-let no influential cit
izsn, involved in litigation have it in his power to
signify to the minister Of justice, even by look,
al voted for you, and may do SO again-procided"
place him beyond the temptations of personal in
husace and popular excitemeuts, and we go hearth
by for popular elections to the office.
An important inquiry arises-how is this double
purpose to be effected In other words, what ten
ure would be most conducive TO the end That Of
GOOD behario,r, essential in the higher Courts,
(where thorough acquaintance with the history Of
jurisprudence, and familiarity with legal decisions,
in this country and other countries must be attained,
requiring much time and application for hispurpose)
we should not consider, so necessary a tenure in
the County Courts. term of years between five
and ten, with vacancies filled by the people as they
might occur, would guard against the evils we con-
template and those chiefly complained Of by others.
As to the number Of County Justices, the special
mode of election, their jurisdiction and conlpensa-
tion we are willing 10 commit althese 10 the sound
discretion of Convention
One word in regard TO the appointment Of Clerks,
Sheriffs, Conslables, &c., will close the views we
desired to present. Good officers, not "good fel-
lows" best subserve the public interest, in ministe
rial service. especially. Whenever personnel popu-
larity, irrespective of special qualifications shall be-
come the passport to offices requiring training and
skill the public interest will feel the damage. A
candidate of few words whatever might be his skilh
would ordinarily stand little chance Of success, in
competition for Office with popular speaker or
sump orator before popular assembly. There is
mesmerism about the thing, often putting the
judgment to sleep and substituting sympathy in its
place. We and all others have felt this
There can be no better judges of the qualifica-
tions Of the Clerk, Sheriff and Constable, than
the Courts whose records are made up by the one'
and whose judgments are enforced by the other, and
there can be greater security for the faithful per-
formance Of duty, than their official bonds, under
heavy penalty and ample security. The argument
which vibrates upon the ''pOcket nerve," is con-
slusive argument in all such cases.
AUGUSTA BoYs.-We learn from the Lexington
Gazette that the address before the late anniversary
meeting Of the Graham PhilanlhroPic Society. Of
Washington College, was delivered by Mr. WM.
III BIyIoR. of this County. Among the debaters