Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-12-16
THn Nin:Iw ooNgTITUE1oN.


.tleas,. To ask. ourselves what has il lonei That
many of the evils of which we complained that
many ofthe restrictions to which we were subject
ed uuder the old Constitution have been removed,
we must all admit. .6utWhiea has been done
much remains .tifidSae; and it is much to be de-
sired that the Legislature should take the whole
su!iect IN hand, and, so far as it can, adapt the
laws and the administration Of justice to the new
Constitution. But little has yet been done to-
wards effective and permanent organization. There
q in our Judgment, scarcely any one subject more
needing the pruning knife Of enlightened legislar
tion than the idrisdictionS and we may add the OF
panization and compensation, of the County Courts.
While this is constitutional Court, yet its organi-
cation and its jurisdiction are exclusively the
control of the Legislature. ~. s.l.5
We all remember what an importan mt portion Of
the sins of the old Constitution this Court had ID
bear before the people during the Convention can
vass; itsincompetency was a by-woEd and its en-
tire overthrow the very wateh.Word OF reform.
Then, no apolOgst even could be found fort; and
while we never joined in the clanOl against the
persons who composed II, we, then as now, enter
tanned the opinion that its jurisdiction was wholly
unwarrantable and too extensive for ihe legal
capacities OF the senfl who composed it. The!
new Constitution has ALTERED the manner of its
e9scdon and nus prov comp for their
services; tndt1nearIy all other respects thisOourt
Is the same Court we formerly hsd.Eowj we have
the privilege ofelecthg his Court, and we have, by
Law, the additional privilege of paying each OF the
Justices, who sits on the bench, the sum of three
dollars aday for his services. w hleF'the laborer
is worty Of his hire we do not admit that he is
worth any more; and We may be allowed TO suggest
that this compensation is full as muchas is earned
~ tae services they are called upon-t9 reFform. Z
sirRe Constitution proposes that this Court shall
CONSIST II net morethan five OF less than three, and
in every Instance. which has come under our OBJ
sefHation, iTejuStiees have been appointed each
tenn lie Court when three would answer just as
we'll thss causing daily cost during each term to
eactcounty Of fttesr instead of nine dollars. This
shoEldt not be SO; and the Legislature should at
once compel the county Courts TO be held by three
iusaeaoRly, except in special cases, and thus pre-
vent 4his unnecessary imposition of burden upon
otrfax payers. No one pretends that five justices
make more effective Court than three, and this
needless expense should not be imposed on the
people, ts's "iT s8'' 4'.'5 $50 D ~.
But further. The most limited civil jurisdiction
Of any indeed should be conferred upon, this
Court, and It should bell principally aECourt OF
county police. No one pretends that one hnnc-
quain,ed with law is competant to decide upon
legal questions and yet the jurisdiction of these
Courts, composed entirely Of men who are not and
do not pretend to be lawyers, is almost equal TO that
fthe Circuit Court; here all admit that the high
est legal abilities are requisite to discharge proper
" its duties. What then is the consequence
ve44SFoften important questions of law comes as
oft
inadethe best guess they can upon the law as pre-
scented byopposing council the case has u be Ia
Lehto the Circuit Court, thus subecting parties to
double cost. We frankly say that so far aswe
know the justicesare good andsubstautihl mentand
dolhe best theycan. It is the system, or rather the
extent of Jurisdiction, of which we speak. The,
justices do not pretend to be lawyers always do
their best. Now and then, perhaps, we fndone
who has occasionally dipped into Blackstone, but
he will not pretend 10 more legal knowledge than
his brethren, knowing with Pope ."that a little
learning Is dangerous thing" andwe are are left
without law in the end. The county Courts can
not and the justices composing them do not pretend
even to decide correctly upon questions OF law,and
We doubt not but that if the Legislature will se-c
rioisly curtafl the jurisdiction of this Court and
transfer most questions Of law to the Circuit Court,
and in addition give the county Courts a small
chapter on economy, it will do that, for the for-
mer at least of which viii receive the thanks Of
the people and the Court, aud for the latter the
thanks the people and the "aeg4is'eenes" of the
Court o. q. t.ids -. 80 ,sag9. lDlEisss79
umA The Kentucky Senator 1i5'z' u
MI Clay resigned his seat in the Senate 10 take
eaectat future period. The Legislature of Ken
lucky, then in session, elected Mr.. Dixon to fill
the vacancyLhis term to commence when NJ. %
ClaY's expired. ,Mr. Clay died before the time
arrived the taking effect Of the resignation and
Gov. Powell aPpoiated Mr.. MeTrweatherto fill the .
se6t ii th meantime. On the FIRST day Of the pres
ent ssssioR Mr.. Dixoa's credentials were Presen-
ted but Senator Gwin objected to his being sworn
in, setting up Mr. MeEiweathers right to the seat,
thotgEi NE was NOT there To claim 1t The matter
was sett a eammi tee and The seat viii remain
unOeeupied until the committee report and the
Senate settles the question. aE1u tAt Oh taai4.A
Hon u E-- = 49, - -i.sl
SANITY oASNi.LThis remarkable man is again
about 10 turn up in Mexico. His life has been one
OF great YiciEstudes, and. a thousand years fnom
now, iIlbeIegarded as bordering the fnbnlous,i
II he canput any vitality iato Mexican affairs, we
think the officers Of this nation should give him .
''pasSR into ii as freely as PoLK did, during the
late war. It is admItetithat tits onthe very point
ofdiSSolut:or, and an erergetic military despot9
alone can keep the breath of national life in it
Alas what melancholy spectacle does that PEG
pie present to ahe world O. s. JOusnaiss IAN ia
gdH IEi--. = - .-.-------- YR1dgdI
ErTIt fsSeshnated that T. least million and a.
half5f pefsois saw the Wellington professions
Tie sitting eommodations at the. windows and
roofs oE tho Sarioua houses the line, served for
about 30, eco OF 800 600. The Queenrand lherSI
sEiIdlsR Red 1t II ftdm ST James' Palsee Tie
Aneusap Minister ioinsd a pan Of hiscoaphymeb,
by III Peabody, 20, heiLOndon coHeez