Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-05-17
The County Court System.


ala. EDrroK:-You will allow me TO correct one
or two errors into which you have fallen. You
viii recollect that said, 81 had no respect for
authority, merely authority, especially where my
judgment was not convinced.'' 1 did not press
tie argument from ancient usage, because had
reverence for it, although think that where an
instituaton has existed by law for great many
years, without undergoing any material change in
Us character; especially when conventions have
sat upon it from time to time, that it ought 10 be
presumed, under such circumstances, that no ma
terial change in its organization is required until
the contrary is shorn. This was the object of my
inquiries touching this subject But you have NOT
! met them. will do you the credit, however, to
that you have made it the occasion of capital
{ stump speech 10 the Independent voters. l could
hardly have excelledit myself. But so5erly, lad
no idea of stretching out this point SO far in
tended it merely kind of feeler.
Again, you represent me as considering you op-
posed 10 the elective character of our Courts.
There you certainly err. stated that you con-
sidered the necessity for the change you ADVOCATED
.tas growing IN part out of the elective character
OF the courts, and il part out of circumstances Pc
cu!iar TO the West' If erred i'll this it is imma-
teria al present; but surely never considereJyou
any thing but good, staunch republican, inside
and out. 70 . 7..--s-5-- .l
- Bat truce 10 explanations. Let arguments
and misconceptions heretofore alluded to, be left
out OF the question and allowed to pass for what
they are worth; and that you may have no further
causeio complaint, will allow you 10 state your
own position. And, first as to your abstract views
oil what the County Court System ought TO be-
you say: "a justice for four counties entirely un-
associated, except in questions of county police
Dor which special day could be set,) could be
well pal4, atless expense 10 The tau payer" than
under The present system. Now, sir, 1 consider
such Iudicature as you suggest, exceptionable in
toto. For, from the delays incident TO trials by
jury espec' nllyif nliowedn all questions of fact)
such as summoning and empannelling jurors, new
trials. &C., the Docket would soon become full To
2oyerfowing, and contInuances from time 10 time
multiply. The consequence would be that as your
; Judge could not sit more than one week (?) in
each county, and in short time Judge fo1 each
county would have 10 be created, or the business
of the courts neglected. And thus we should 60
backagain to the system that combetted, (suc-
cessfully trust,) in my last VAST not well
that did combatit2 for surely 1t would come to
this complexion at last.-But you say, your Judge
Taxpayer. Perhaps so; but how would it fare
with, the suitor2 You were certainly very wisein
thus discriminating between the taxpayer and the
sutton; and give you credit forit. But hear us lit
lie further. Jurors without number are to be
pad; additional expenses in the way of issuing
and serving summonses, &C.; fees of counsel 10
be increased, as their preparations would neceSsa-
1ily have 10 be more elaborate, to come before a
Judge of legal requirements; the rules of pleading
having TO be adhered to with greater strictness,
going 10 increase both the delay and expense; and
other matters to which need not now advert. All
these You must be aware, would be the appendages
ofyour System. This might suit the lawyer, very
well; but. quere: would it suit the client? So
much FOR your abstract views. (Abstractlons2)
as TO Your practical views, you say, ave oud
now have legal questions tried by the Circuit
Judge, and reserve 10 this' uhe County Court,)
principally questions of county police, and very
lqnaterial legal questions, small in fact and small
IN value of subject NATTER. As TO this view ofthe
subject, have only to say that consider 1T La
BILE 10 nearly the same objections as the for
mer. Ifmy argument is sound as 10 the one, il
will hold equally good ns to the other. And here
Il leave this point of the discussion; hoping in one
or two more short articles TO bring the whole sub
Ject to Close JONAS PEPPER.
Jonas is himself again and follows us IN in
article No. 8, in which we may be allowed 10 ex
press the opinion that he is more un fortunate than
IN HIS former article. We supposed he would
back cut from his argument derived from the past
and he has accordingly done so in very credible
manner, though with lingering affection for the
institutions of ithepast. We have but word to
SaYon this subject as we are satisfied, as is Jonas
with with our. stump speech" a convention compos-
edot majority of the advocates of stand -stillism
Th95 were opposed to all real reform and whose
pTlnEipal aim and object was 10 retain power.
winch had been conferred upon them not by The
people, but by the operation of state of represen
tation entailed upon us in Regal times The con-
iyeption Of rs was appointed and the representa-
ton therein determined by a House of Burgesses
holding their places under the lna ndate of Eng
land The conyention'o of 1929 and 40 was desig
mated by legislature elected by virtue of the
constitution of nc, and the convention of 1890
was appointed by virtue of the action and indp.l
meHt of alegisature sitting by virtue OF the con-
sitntion of 1880. In none of these conventions
sSete the people represented That of n76 allow
sd freeholders only to vote. The members of the
convention OF 1929 were elected by feeholders
alone, while that of 1880 was elected by freehold
ets and acerain class of tax payers to the exclu-
SION of many good citizens. The Legislature CALL
ing tie last convention, disregarding the fact that
The West had nearly 100, 600 more of white per-
sons than. the East, YET gave the East by their
apportl0nment l7delegates more thanthe West.
The people as such have never been represented
Y convention and when Jonas wishes us to re-
sPectthe action of past conventions, hemust first
show US thatth0se conventions were fairly organ-
zealand fully represented the sentiments of net
constituent body. One sid.d conventions MS. IepIe-