Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1850-07-02
EXTRACT FROM THE An1S$a
A. =. MARSHALL, ESQ
EAUQUIER COUNTY, VIRcr,
THE COUNTY COURT SYSTEM OF

OA III Nhnn L =
of Reform 1 claim to have formed M
from a practical observation of nan
stood before this boosted tribunal for
as an advocate, for some years as thpi, =
for the Commonwealth, and for ~fourtss.
held the more intimate conDexionOf o.
largest county in the State. In this ~
may claim to have been somewhat "a
scene, If it be allowed to use such a mr.
The mass of business done IN lbeso
amazing, and its character is as variou. ..
tiform as are the emergencies of life. n
tv courts maj be called the huge mill =.
cial fabric, and its clerks table is the v,.S
into which, or upon which, all the ever
mess of the county is cast, in heaps al
that would seem TO defy the Possibilitv n.
arrangement. The clerk, however, beirr,
of ali works, aad withall having a eoS,I
toll-dish of his own, luxuTiates in this n.S
Gus chaos. By doing one thing at aIineG
gives shape and form to the action oftks
The minute book of the clerk, Ito cam
6gnre.) is the great public mealehez:
after the adjournment OF tine court, ths
(chsIomerk) come TO get their grist, il ~
ofo.ders ofcourt, &C., always faithfully ~
The philosopher, in time to come, -
peer into tie records OF the county cOuu.
,duce from its acts and its judgments The
powers and capacity Of the system, viii 3
wkelmed with wonder at the multitude q
and DEGREES entered rs the solemn irdep.-1
the court. He will often hud ffty OF -
these orders recorded as the proceeding N
ole dav, and will marvel at the dispsid
which these judicial duties were pertcns
Fact and philosophy are al sad ~Varianc. , {
instance, as we the initiated know.
The county court, as a court. haze 20 |.
agency in accomplishing the great usetg 4
ness Of the county which is spread Upoal.,
utes, than I have in the workings Of tie =.
in my pocket. These orders aud DEGREES +,
the form of cOusiderate judicial acts, 10, y
in tiftv is ever laid before the court; and -
that the laws have appointed the court, a
minute book and its clerks office as he -
yuJfic YexoFi where this business shall l. 4
the presence of the court is a matter Of ~
least Importance.
The en!osists of these courts, like tie n
philosopher. must look 10 the miHuie.bCok
clerk as the basis OF their opinions. l. h,y,
matte: offset acquaintance, discard both .
and philosophy in tie judgment ! hare :,
A forum and an appointed place Of resort E
transaction of the current business Of he
dispensable. This forum. like The county
should lie frequent in its sessions aFd JtetF!
cess To the people hut l feel an entire &.
TO select a more fl tribunal 10 preside urs
administration Than aTe the county courts.
These courts holta most mOnenious T7rs
ton. They are The police of our Count 6
az such watch over the morals and CrJera
cictv. They are a local Legislature and Il,
at discretion, and disburse PI their will TIE g
ty fsc. They hold ~concurHat Iurisdic,Oo I
superior. courts, and the Judgments pass lsrss.
tunes and the title To landed Estates ion
CITIZEN to another. They are tie irEs,sig
dams of The orphan and abe he. Pless iuIaiE
bound to see Justice done % their estates.
their most important tuTcc;ions has teeD Il
tribute the executive patronage Of the s.
first. by the pei p~eiua;inn OF their own bOdy;i
secondly, by the election OF all other Of5og
the county.
One would suppose that a tribunal buF6
with such various duties, must be PEdIWet
a vast energy aud concentration Of industg
caDacitv-tIIat il rose early and sat laIe &
imnnrtaut task. What is the fact, kEOgpt
the fact BY every man in the country IsE
generally feel no Obligation TO attend in ttsl
lie interests. Their service is a gratuiiSss
vice. aud is given or withheld al their caFF1
The courts very Oten do mo- rise al al e
rcason that they often iail 10 sH at all. ]
Whittier witnesses, hang about the coark
awaiting the reluctant sIitlngs Ui the Corr-
often are sent home disappointed and cmhr.
As a consequence of the imPossIbIlity Of k'
four justices on the bench, the business
court Is done by public sufftrance without
gal court. testify as a witness, that u
last seven years OF my clcrkshiP reTi! .
that half the business was lone With Unes
iusIice in the court house. Much Wss tt
tore an empty bench, and very much Of lit
done by Il full bench was badly done. fol-!
is generally procured in exciting cases, :
convoked by personal appeals TO the litigii
The whole sysfem-ii II be not a misnc-
call it a system-is in my judgment an II
upon our institutions. In its origin it isa.
bv chaHcg'-in lie practical workings iii=l
Jy cLGHce-and 1t WAS fixed upon US bTtG
sent constitution as i" The do no better" ola
and cyer-cautiOus distrust of the people.
wise men who made 81 The" County CourtE
in 1890, were also the old men Of that 4
Their education and early impressions date
Il century behind the day of the insirrmsr
were framing. 1t neyer entered their n,
lions to allow the people the right 10 Ell:
various ministers OF the law and if The G
courts were abolished, there was no alter
left then but to cast this vast patronag re ini9il
oftle executive. 1t was as a safety-valrsb
executive patronage that these courts 70
highly priced
Such opinions in regard TO the COUNTY
system, bnt especially IT regard TO the M
derce of the judiciary. coming from a mi5
ing the name OF Marshall, will tall UTopsl
class of my fellow citizens as wicked arc.
IDtolu paParJdal chief InSfiTp M7TFhFs
1929, STOOD forth in the Convention ties
oil tile county court system, and the E'ahu
pion of an independent judiciary. TheE
his best cherished measures, and were
craven upon the pu!ity of the State by b :
hand. His great name yet stands in The.
fence, a mighty buiwa'k frOwnirg upon III
saiIan:s. -,
In the exercise of that freedom of u
which God has bestowed upon me, and -
enlarged opportunity of practical ObserTal
have adopted a different and conflicting ]
ment. Ihave expressed my opinions IL :
terms, by intention, that those who differ ~.
may not misunderstood my position Joa5'
shall was himself a Judge, the highest Jas
the land. do not believe that this u
deRcE'' in Office added one ounce TO BIS pas
integrity. Am | arrogant in the express
such an o~pinion2 =.
have yet another point TO tonch uPcn !
gard to the county courts. They are aeep
before the people as the cheapest nbp2.s
wisdom OF man has ever furnished iaN.
can demonstrate that they are the teaEH
most costly forum that could be apPoIniee.
actual cash cost of this system is gTeatE,
the salary of every Judge. superior and q
- NLA CRaNA En6H- all e9aPHIn the GUE[I