Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1850-08-08

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hiIh!n and intelligent administration olthtir various ju
dclal and ministerial powers. Thrlf qualifications are
essentially DEEPEN ent nnen their mode at appointment
and HE ienu # thflr oee. Fleet hem by the people
and fa short terms, and thereby impair not utterly
destroy their usefulness B-laro las ce bee mes &c
qlaniei with his bu>lnessaye, hafe he learn any
hing OF The Drms ey OF pr ce durp-his office is yaca
ted by law aud lie sraliel upon Il give place 10 raw
recruit Thus instead oi the Nag,tracy of the pre-
sent system. wha have all the advantages nf onr service
and much experience, we vi have shifting changing.
Incompetent bnoy of men. Nh ae aheals icurain aud
ncref cone 10 the kHolr'cize" Of their duty
But 10 dismiss his branch OF thr Subject Fl the pre-
sen propose 10 malice the bet polrrs and patron
are OF the county courts, and the whence the en-
anate.
In considering the court system. due attention
has not. think been pad To the very obvious dsinc
ton between Constitutional and Legislature enactmens.
Except wherein the Constitution Otherwise provides the
Legislature ii course can give take away enlarge
restrict The powers and duties If The court aud alter aud
modify the system IN way they may 1T. Let
us lnok for moment at the Constitution What pow
Frs are conferred upon the court by thai instrument II
should. and doubtless will surprise s1mc, when
mefate the following: general judicial power, by
virtue oil designation, III pan of the judiciary
der the STYLE OF the county courts Uhe jurisdiction
To hp prescribed BY aw) the nomination ofJus ices
OF the peace, Sheriff, aud Coroaeo, To be appoptedby
the Governor, ''If approyed by hm-and tue app n,
ment Of Cou-tabs and its own Clerks. These ale
the only powers conferred upon the Couu BY the Con
the Legislature. What harmless skeleton truly. h
Tighten the people from their property!
hence come thsn the principal powers and patron
age OF the county courts answer IN Iheirst place not
fom the constitutions
The jurisdiction Of these tribunals in civil and erim-
nj causes the power To audit unity elans, and
sess taxes ia local purp sses the appointment Of mn
lstsral officers tar the State aud comfy such Com
mlss"nerS Of the revenue. Commissioners Of elections,
school Commissioners, county Surveyors. Surveyors al
al I If
NOR, ,eheA The pelp fail elect them, aud Attorneys
t'r the commonwealth in their cuufts--have each
and all. from time ID lime. been conferred uprn the
county Courts by the people through the Legislature.
Nay. mote: The emPeusalin OF ihe Justices by the
profits ui the auily-he fees o all The above famed
"icers as, as the fees othe Clerks SheTlt. Corones
aud ConSlbes, and Their Tenure Of office fixed and
regulated by mc-by Acts Of the Assembly, not by
the runs tuition.
Thu county courts indebted 10 the Legislature or
rahrr 10 tie people through the Legislature. aud IL
the Constitution for their chief powers. For my uWn
part think these trusts could not have been rcpased IN
safer better hands lfhowcver The paopleol Virginia
think differently, they always had the carecon in their
ownands and ,rhy have they not applied it II the peo-
pie OF Bedford and Campbell have been agtreved,l was
nnqnestonabc the duty as it surely would have been
The pleasure Of Messrs. Wiagdtd and Wills at lea.t
while members OF the IeIlsll uIe, aud AS such lat all
times amend bl 10 the people TO redress their gry
aneeS II elections by The people much prrtea
bile to appointments 10y HE court why have ,he people
mt demanded OF their servants III the Legislature, and
secured 10 themS Ives the election Of lhp Attorneys III
the commonwealth, Commissioners of the revenue Com
: mlssoners If elections, school Commissioners, county
Surveyors, Surveyors Of roads. Assessors Inspectors
tobacco and nr, and other min,t nal olicers Surely
those who nor (pefhaps r the fist tim) see he great
necessity and propf,y OF ell cug all The officers in the
State, "l0m The GOyeTur dow to the Conslable' by
the people, would Mt cuu uo have denied the people
his poor pflVfge, II 1t had been sui h at the hands
or they had Thought Of themselves II the power t.
law lpaf 4t,l l..
been abused could have been cordJcd better bo.
why has net the Legislature Inn since taken il out Of
the haHIso II "olp masicrS,p some in,idpu-y stylt
the Justices. and gyenit 10 other agents selected d-
rely by the people themselves? THIS power Of thu
comfy courts - 10 tax the people with III tar consent
deserves 10 be ranked am5ag the mon, discoreries.
l. Is noW declared 10 be ana republican and ynnica lnd
we are reitrd with some decree esrll sasacon and
triumph to The aXl1m Of the American Revolution, tla
e taxation and rePr5s nation are useprahlpo UM
has this taxing power been taken away from this IL
responsible bHdy Why was it ever conferred upon
them here was the vllllant scrutiny OF those whc
nor see in The violation Of sacred principle and
/ efcl'e ol dangerous power? Why was the voice o
pioltsauon aud Renaissance never heard amarg the
people until The approaching convection was called
II the Jursicuon of HE county courts has ben too
enied OF too much restricted other Hise Objectionable
why has the Legislature modified Il spit the pro
pie If The emonmens of the various nflcers which
have mentioned have been great, why have they moi
been lessened Ii the terms Of office have been Too
long, why have they not been shortened Some are
now heard TO object TO the mode of compensatng the
q Justices by the profits of the Sherflty Why have
they not objected heretofore, and propose alteration
repeal oi the statute prescribing 1t Why have we
not heretofore heard the yuce Of these objections both
In The Legislature and primary assemblies of the people
II is, aud always has BEEN matter entirely within the
province of Legislative control Constituionaitj, the
Sherfalty has Of connection with the Magstra
cy The Legislature considered (and think wisely
TINS remote and cantngenl pay, the best compensation
they could provide II however it would have been an
Improvement Of the system To pay The justices fixed
SALARY out Of the State Treasury ou of the county
1 levy, or, as some propose, by tax upon The
Sheffally 9th rs advise by fefs to be taxed il
the bills of costs awarded in he trial Of causes had be-
fore them, or by per diem allowance, Capt. Man
! seems 10 prefer, WHY HAS IT NoT BEN DOSE p
The members Of the Legislature the servants Of ht
Y people, annually elected by them, and all lime
I amenabe" to them. Why have they not. in the pen
ude OF their wisdom and iuepresble devotion n the
nights and interests If the people, stripped he "odou'
county courts OF their chief powers aud patronage,
= transferred them other and better fduca-ies? They
; did not, because they dped not, do it, Tie people o
k Virginia did nj desire, would they have tolerated
The proposed changes and, il left to themselv os n,
compa lns would have heard, because grievances
have been endured. They noe feel heir oppression ii
The person OF others only INDICATOR
! sAt last Bedford court, Cap, Mar said lie wa.
for severlng the connection b tween the SherlalY
and Ms9istracy, and for paying the justices an allow
ance u taco dollars per day wh'e serving in court. Il
the Justice Remained al the court house during the day