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

communication of our correspondent Jonas PEN
per, in advocacy of the present County Court sys
TEN OF Virginia. We do not remember tc have
indicated our views OF what this court should be,
further than that it should have little or no civil
jurisdiction, and we would not have any Judge,
as judge of fact either alone or in conjunction
with his associates, but would retain the jury,
subject to the waiver of the parties as OF present.
The latter or alternative position assigned us is
correct. In speaking of the old County Court in
our article to which Jonas refers, we said, 1--WE
then as now entertained the opinion that its juris-
diction was wholly unwarrantabe and too extern
sve for the legal capacities of the gentlemen who
composed IT." In answer to the interrogatories
propounded by Jonas in order TO Prove the system
right because it has not been heretofore chang ed,
we may us we'll remark that the same argument
would forever perpetuate and prolong through
all time, all the evils political, social and religious
which are htnded down 10 us from the past, and
which it is the boast of the 18th century to have
ameliorated, if not eradicated Let us ask him
why it is that despotism. more than thousand
gears old, still reigns triumphant over the length
and breadth of Europe? Why is it that serfdom IN
its most depraved condition, still continues in
Europe as it was thousand years ago? Why is
1t that the pampered lordling of Europe revels in
his thousands of income, while the poor and ne
elected son of labor and the soil, sits, as Lazarus
OF old, starving and suffering at his gate, denied
the crumbs which fall from the rich mans table?
And above all WHY'S it that even in the history of
Virginia. prominent as she has ever been in the
list of freedoms advocates, it only in the year
1850 that the freeman permitted 10 act as such
and not counted as slave, because he owned not
an OK or an ass, by which his capacity for self
government was measured? Why was ii that our
own revolution has become the bright spot on the
record of centuries and is now the proud epoch,
to which misunderstanding humanity turns as
the beacon light, which is TO guide and direcl her
in her struggle for human rights? Why is it that
the hereditary arstocracy of Europe are feeding
upon the very vitas of her starving millions and
driving them by thousands 10 our own haven of
freeduma It's because of this pery argument, used
here to prouc the p"oprety Of the county court sys-
tenn The argument of antiquity, the bulwark of
error, the ready weapon, which has been ever used
to stay the march of improvement and arrest the
onward tendency of progression. We would ad
wise our friend to drop that argument, as it is the
least fortunate, which he could possibly have
called to his aid, and if sound. would upheave,
from their eternal foundations, the great principles
of human liberty, which the 18th and 10Th
centuries have but partially developed, and would
cast US head long back intothe rms of barbarism,
and into the grim embrace of the darkest ages in
the history of the world.
The late Convention of Virginia did much, but
the constitution is not perfect. We have only
partial representation of the people as yet and tn
county court is another striking evil entalled upon
us by the pertinacious regard which our eastern
fnenls, in common with, Jonas, entertain, for the
time sanctioned errors of antiquity. Jonas is radi-
cally in error when he understands our p osition
to be that of obiectng to the elsctiue feature in
the present system. That is almost the only re-
deeming trait in the system. He is also mistaken
in supposing that we drew comparison i'll favor
OF that position from the two sections of tile State
We stated the argument of TIE East in favor of the
county court; it tOas not our argument. We al
ways objected TO the system whether east or west.
Seh-peFpetuatlng feature and all, and thevenerat-
ed names of Madison and Monroe even, cannot
command our sanction for the system whether old
or new. The present system is better in some
things and worse in others than the old. 1t is
better IN being elective, and worse in being ex-
rensive. Not that we object to paying adequately
for services, but we object to employing men and
paying them for performing services wholly out of
their line of business. The justices elected by
the people are the best that could be selected
The people have acted judiciousy and have
selected the best men in their reach, they have
done their part, but we object 10 the act of the
Legislature, who have imposed upon justices the
performance of legal duties, for which they are
and must be in the nature of things wholly disquali-
fled. The organization of the court it being n
constitutional court, cannot now be varied. it is
to the jurisdiction that we speak. We would
now have legal questions tried by the Circuit
judge and reserve TO this court principally ques-
tons OF county police and very immateral lie gal
questions small i'll fact aud small in value of sub
iect matter.
Our friend very artfully assumes that we are
opposed to the elective feature and says "that DO
siton, &C., and would not suit uslespecialy if we
had any idea of going to Congress-" We unhesi-
tatingly answer that it does not suit us anyhow as
we are now and at IL times opposed TO such a po-
siton, whether we would like to go to Congress or
not; that tie eeetiUs feature is far the best in the
system, and if we are ever so far unfortunate ms to
get Congress notions in our head, we shall call
upon Jonas 10 did in this impreenable nosi,;,,n
in favor of popular rights and popular self govern
VIC Sho"iu coiisiuel our position a
bad one If we were looking Congresswards, to be
found advocating any system. because England
had done so for a thousand gears, and we should
not like any tavors of the sovereigns, based upon
such an argument. "Does Jonas take?'' We make
no comparison between the qualifications of iusti
ces east or west, We stated the eastern argument
as being the unfortunate cause of the non correc-
ton of the errors of this system in the late cops
tuition.
The argument of Jonas against making law
yer the head of the County Court if it must per.
form legal duties is unnecessary now, as the Con-
stitution has determined that matter, and argumen,
pro and con is useless. We referred to our views
before the Convention as to the constitution Of
the Court, but that is now impracticable. and