Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-05-12
The County Court System.

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were calculated to make "an erroneous impression
upon The public mlnd.' 1t was an omission in |
whichin point of logical arrangement, 1 acknowl-
e"ge myself 10 have been at fault. l shall now
endeaVor 10 supply the omission. Not baying
your article before me, I am compelled to sneak
from recollection. If should err, it will be in |
your power to correct me; and shall stand cor |
rected. understand you then to hold the posi. |
tlon' that The present County Court System ought
10 be SO modified, as TO make ii required by law.
that The Presiding Justice should in all cases h.
member Of the legal profession, to be made the sol.
Judge in matters Of lao, and connection Nth his
associates Gjudge of the facts also; or in defauh
Of this, that the jurisdiction of the Countv Cour,
should beredueed to that of mere Court of Police
Am rghta Do state your position corrective
If 50, then upon this statement OF the case. am
prepared TO join issue with you.
Having read your answer to my fomer article. |
should he wanting in candor. did not admit that
yonr remarks carry with them some force. but nm
Tar from being convinced that they present salts
factory solution of the difficulty presented in INV
hTst, and as yet only argument; viz: the one drawn
from the past action of our legislative bodies The
County Court System being an institution that
has existed for more than thousand years, the
questions may still be put in all their force: Why
has such change as you contemplate never been
made IN the County Court System of England7 |
Why has it never been made in Virginia! Why
not by the late Convention? 1t is true, Won at |
Tempt TO give reason; and quite plausible one
1t Is. Ii l understand yon, the reason for the
change you desire, lies, in part, in the present
elective character of Courts, and in part in
slate OF circumstances peculiar 10 the western DOR
lion oil our State. But, sir, l hope TO show YOU
before have done with this subject, that what
ever change has already been made in the organi-
cation Of our County Court System, and " hateyer
may be the other circumstances to which yo; al
lude they do not exist 10 an extent to justify the
change which your erticle called for. On the CON
trary, hold that such change is not desirable.
Here we are then, at the issue.
AS to the elective character of our Courts, can
see in this no we'll founded objection to the pres
ent SYSTEM exceptit be that the people are not as
competent to elect their own Judges and Justices
as the old County Courts, having the power of self
Perpetulty, in connection with the Executive of
The State. But this position apprehend, would
not suit you, especially if you have any idea of
going TO Congress ~ Do you take? AS TO the
circumstances peculiar 10 The Western part of the
State, it is hardly worth while to blink this mat
Ter, but come out right square and say, that the
material for competent Judges and Justices is quite
scarce in these western regions We might admit
this, perhaps. and not be very far from the truth
But circumstances are as they are, and still am
delighted TO think, that such a change in orr nres
ent system as you contemplate, is not to be desi-
red. Far be it from me, however. TO take ref,oe
under the maxim that ignorance is bliss Far be
II from saw. that IF chr h n obo,ro -. 49,.
Vocate were entirely practicable and expedient
that it would not be desirable. That it might be
practicable SO far as the filling of the Offices
throughout the State, with gentlemen of the legal
profession is concerned, am not disposed 10 deny
L doubt not it might be filled 10 OVERLOOKING, and
as the razor Strop man would say, "a few more
of the same sort lcft.' But deny the expedency
OF the thing and therefore consider it undesirable
On this point we have reached the gst of the con-
troversy. 1 mean the first alternative presented
IN my general statement of the case, which pre-
sumo to be fair representation of your views.
And here allow me to remark that in order to sus
tain my position, l may be compelled 10 use lam
guage which might possibly be construed into dis
respect for some portion of the existing bar. But
now say once and for all, that no dsresnect is
intended. and that no reference will lie made TO
The bar further than is necessary 10 sustain NV
position.
My argument is this, that the effect of such en-
actment as you propose, would be 10 confer the
ohce OF Presiding Justice, in most cases. upon the
most unsuitable portion of the bar-the inferior
and incompetent, the pettifoggng and demagogu
ing. II would bring about disgraceful system
OF electioheering for this inferior judicial Office
such as in my opinion would tend not only 10 in |
nj al ,Dt,r k,,44
County Court system into disgrace. The compen- |
sation of Presiding Justice, without considera-
bly, increasing the public burden in the shane of
taxes. (already subject of no small COMPLAINT y |
would necessarily be too small to render it an OH
ject worthy the attention of the more experienced
and competent members of the profession. The
consequence would be, that none but the class of |
lawyers whom l have designated would allow
their names to lie used for the Office. Then party
politics would be called into requisiton. The
election over, and the President on the bench who
that knows anything of human nature does moi
know t. man who could degrade himself 10 the
low position of an electoneerer for judicial of
flee, would not in all probability reward his
friends and punish his enemies by partiul decis-
ions, especially if he Glanced 10 have an eve n
the succession? and as lie would be the sole
judge Of law, this night turn out to be rather
serious affair But more ofthS anon. These re-
marks do not'apply with the same force, although
they do in degree, TO those who run for the
higher judicial offices under the present system;
for the simple reason. that these are likely to be
different class OF men, and not SO capable from
disposition, or compelled by the wolf at the door
10 le'ort to the deb'sing acts above alluded 10.
My argument on this point would apply generally
throughout the State, but more particularly 10 the
West. for the reason already limited at; by the
scarcity of good materials for Judges in:the West,
where Ignorance and demagoguism is more rife
and.rampant, perhaps, than in the East. And
. here wiz close the argument on this point for