Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-08-07

the anpointment and election OF officers
The most important change made by inc
Constitution OF 1851 In the county-court
svstep was the adoption Of provision
recurring each county 20 be laid on INTO
districts and each district 20 have Tour
iustlces to be elected by the people. to
be commissioned by the Governor, ana
70 hold the OFFICE for four years. The
justices 30 elected were also TO elect
PRECEDING justice. and to receive per diem
compensation FOR services In court.
GOOD MEN STILL ELECTED.
The effect Of this change upon the cha
racter Of the court was not perceptible
ln many OF the counties for several years.
Men Of the highest rcpute were still
elected Justices. and discharged all the
duties Of the Office In and out OF court
with great fidelity and circumSpcction'
but in the progress Of time the predictions
Of AIR. Leigh and Mr.. Randolph IN me
convention, that the ONCE would ue-
teri0rate when compensation was attached
10 It's duties. were fully verified. Men or
high position IN the community. who
were Influenced only By patriotic motives.
declined 60 enter into contests with
asyirants who sought the Office only ior
the pccuniary benefits attached TO It's
possession and go the glory ana the
dignity and the esprit de corps OF the
old tribunal as IL was in the carrier
days. passed away. But stin. down To
the reconstruction days the County court
WAS a valuable institution. enjoying me
confidence and love OF the people. II
was ALWAYS a favOritc with the Virginia
lawyers. for reasons which can be rraoliy
understood by those who practced be-
fore ii: and viii De. more apparent be-
fore this address is concluded.
Recurring 10 the jurisdiction or the
courts. Judge Staples said.
When 81 person. not being slave or
free negro, was charged with an OH nee
g. iu IN, opinion Of the justices the
matter ought 10 be further inquired mo-
ii was made his duty to remand the
prisoner for examination before the toun-
~ Court. called court Of examination.
At the same time the justice was required
10 issue mis- warrant to the Sheriff direct
ing him t. summon not less than five nor
mere than eight justices. to meet at
place and time mentioned in the warrant,
for the purpose OF holding this court or
examination. If. after hearing the evil
Gcnco. the Court was Of opinion that the
prisoner ought to be discharged from fur
Tier prosecution. he was discharged, ana
could never thereafter be questioned for
the IF nee. The acqulttal was final and
conclusive.
But If the Court was OF opinion that
there was probable cause 70 believe the
accused guilty. and the offence was below
the grade Of felony, ne was he'd 10 an
suor an Indictment in the County Court,
or committed TO jail IN default Of bail.
IT, however. the offence appears 70 be
felony. tho accused was held for trial
iu the Circuit Superior Court. ana IN
such case the County Court could only
bail where there was a light suspicion OF
guilt resting on the accused.
PECULIAR TO VIRGINIA.
The establishment Of this Court Of Fx-
animation was peculiar 10 Virginia, and
was due 10 the fact that. prior to 1872,
the General Court had exclusive Juris-
diction in cases Of felony. In 1872, how
eyer. statute was passed confering
jurisdiction upon the district courts for
the trial of felOnics, but generally the
district courts were held at places very
remote from the county where the offence
Wa committed. and the result was that
both prisoner and witnesses were often re-
quir.d 20 travel a long distance only TO
meet q frivolous prosecution sustained bS
no competent testimony. The statute was,
Therefore. passed requiring the accused to
be brought before an examining court OF
the county where the offence was COM
United before he could be- put on trial 1or
"a felony i'm a District or Circuit Court.
tutei what was known as Courts Of oyer
and Termiuor for the trial Of slaves
charged with criminal offences OF the
grade Of felony The accused was tired
ly five justices without jury. who were
required to be- unanimous when capital
rupi~hnopt was inflicted. The Executive
of the State was authorized To commute
Inc sentence TO transportation beyond the
limits Of the United states.
Upon Tn Sc courts also devolved eXten-
siye police Jurisdiction. the laying Of
county l,yics and most of the duties and
powers now performed and exercised by
the county supervisors.
THE OLD CLERKS.
40 history Of the county courts Of
Nireinia would be complete without some
reference 10 the clerks of those courts.
TIE. high character. the intelligence, the
commanding position these men held tend
10 throw light on the qualities OF head
and heart possessed by the justices who
appointed them. \ writer in the Calendar
/ of Virginia State Papers. found In the
state Library. at Richmond, in com
menting upon these officers. declares III
is not too much to say that upon no
official in the entire country was i'm
uos,d the performance Of more important
I functions-of whom was required the eN-
,rcise Of so many virtues, or who were
more DISTINGUISHED for the cndoWments
of mind and heart than was the NlT-
pinja clerk, then called clark; that WINE
other Offices were frequently vacated, the
cI.rIs of the courts. for the most part
+ were allowed to remain uudlsturbcd uhul
fin. lausc of time had made thtm as
venerable i'm place as they were III years
, and experience. Ind 'd, IN numerous
cases. their seats scented to have be-
itrf 90 1