Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-01-21

ton and management. TO the principle on
which the county court system is now built,
! have nsuperable objections. 1t is at variance
with all principle and precedent i'll these Uni
| ted States
| Time was, when Montesquieu was consider
ed as high authority in matteIs of this sort and
what does Montesquieu say the principle on
which our county courts are tounded9 His words
are, Ga Republic, if any body of magstraey,
| nave The power OF filing rGcdaCleS occurring in
their own body, Or OF appointing their own sue
cessors, finley once become corrupt, which in
all probability will be the case, the evil will be-
come 'ncurabte, because corrupt men will APP
piont corrupt successorS.f Is this true or is it
false? Is it entitled to no weight to no con-
sideraton on this question | think it is IT,
let me ask, one body OF Judges may appoint
their own successors why may not another body?
Why not then permit the Jud ges of the Inferior
Courts, OF the Court OF Appeals; to appoint their
own successors! Certainly they are as compe-
tent as the judges Of the county courts |
might here appeal to: nay, might ask the vene-
rable gentleman from Richmond the Chief JUS
tice OF these United States would he with all his
wisdom and experience, undertake TO appoint
his successor and if not, would he sanction and
consecrate this principle and this practice, in
any other body of Judges
But some gentleman euloeize these tribunals
and the W hole system as the wisest in the world.
One thing only is wanting to give them the HIGH
est'dignity, and to entle them to he unqualified
appreciation OF some, and that would seem to be,
ionvest them with the power of filing all va
1 cancltslm the Legislative Assemblies; to give
them the right to elect all our Representatives,
Ehfs they virtually do in some instances already.
blythe erchfSire privileges whchthey now possess
But to invest them with thisexcusive privilege.
would prevent those tumus and cabals attendant
Ei, Il IL,
/ Commonwealth
But, have yet 10 learn, why the corporate
towns i'll this Commonwealth, Richmond. Peters
burg; Norfolk, &c, can elect their magistrates.
who are at least as well qualified Judges as any
In the commonwealth, and why the counties of
/ Chic and Brooke, and other counties in the State
cannot do the same! The only relevant reasons
which have AS yet heard assigned why the Le-
eisiature should elect the Judges of the supreme
tribunals is because the people do rot always;
cannot always, know the claims Of the asprapts
or candidates. If this be good logic or good sense
1t Will PROVE that the counties ought to elect their
| own magistrates because they can know them
betferthan any persons living out the counties
and the recommendation ola hole ward ofquali-
fed voters is better evidence to the chief Execu
tive OF their competency, than is the reoommen-
datlon ola few, pnhapS interested magistrates
| am for reposine the greatest confidence in the
people he power is safely lodged in their
hands; more satt ly, am sure, than few privi-
legged ones, whom they never appointed their
trastees
Inc write OF the people: and not the goodness
OF the system. has hitherto prevented that cor
ruptlon to " hieh many OF our institutions tend
But, if that deterioration Of the public morals
which the gentleman from Chesterfield has as
surod US is advancing with such appalling ra-
pldity, in a few years the county coart system
VIII become an intolerable grievance
| am not an enemy TO county courts, but
wish to leave heH in The power and subject TO
the wisdom OF legislation. | do not wish to bind
them irrevocably and uualterably uron posterity
by cor stitntiona provision they are so wise
and SO useful, as gentlemen suppose they need
not fear the Legislative fower.
| But, why We should olfy establish the pyinci
pie OF Court OF Appeals and of such other Inte-
nor Courts as the Legislature may ordan and
establish, and hind by definite article lie, The
present county courts upon the peo] fe is to me
/ nnacconntable, except upon one principle, and
that IS because so many COMPLAINS have been
lnade against them. v hv should the article the
precede comfy coarts, and the others be spoken
/ oi indefinitely I hus the Legislature is de-
barred from touching them For if such an at
tempt should be made, some ten or twenty years
hence would it not be argued that the phrase
''the county Coaffs." Just imported such county
courts so organized and so constituted as those
existing at this day. a Court of Appeals will
admit OF Legislative provision, but the county
courts Will not. hope gentlemen viii perceive
the improperly Of This Ehraseoloey, and correct
II, II they wish he Legislature ever to take these
courts into examination.
could produce many testimonies against
them, We're to follow the example of gentle
tnen who defend them; but prefer examining
their merits or dement's upon principle and
doubt rot il we We're fally acquainted with the
" hole history of them, they will be found no
better in practice than in principle From the
information have received, can hazard moth
ing in saying that at least four-fitths of the ma.
gisrates i'll Western Virginia, would wish 10 see
the present system subjected to- Legislative iu
rlsdlctlon. 90 therefore hope, we W i'll commit
them wholly to Legislative control and manage
ment, which can best adapt them to tie ever
changing eXigencies of society.
The views of this speech confirm the Justice
of much of the discussion maintained in vour
columns againstth the County Court system. and
especially the RELIGIOUS, family. and political
perpetuatlon to which it is capable of being d.
rected and used. The voice of the people de-
mands i'sabroeation.
shall address one more letter to Won upon the
subject OF Constitutional Reform in Virginia. /"
devoted to brief discussion of few other
points, and review of my past correspondence,
when | shall have fully redeemed the promise
contained IN my first letter, ON the 18th of july
uimo, TO discuss, as time and circumstances
would permit, "some of the leading topics in
yolved in the,question of Constitutional Reform
in Firginians
Very respectfully. your obedient servant,
POTOMAC
December 30, 1s49.
ibo Co ID