The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-11


ed, without any augmentation OF their proper
ny or improvement Of their morals.
There is another item of expence, which
ought not 70 be ncurred, N leaf in the way in
which il is incurred. You will recolle6t what
ftated 70 be the true principle of governmental
economy. Let this principle be applied TO a
tubiect, which is sveiy frequently the topic of
converfation and fouietiraes of Legislative difcuE
hon, and the refut viii be. sii;ninution of the
number, and an augmentation of the f,laries of
the Judges The number of tie Judges is too
great. WILL fay nothing at prcfeut of the two
additional chanceors: few years will thew
what has been gained By the Innovation. and de-
termine whether regulation giving the chan
cellor in Richmond power TO hear motions at all
times, and the hyperion convenience ofthe me-
tropolis wou,dnot have enabled the court i'm that
city to do hc-buiinefs ofthe itatemore expedite
Gully than II wiinow be eIfeGtcdby three courts.
But m the court of Appeals, there are two fu-
perHuous Judges. II would be difficult to fav,
why we have five in preference to three In
the multitude Of councillors there may be wifi
dom When fubje6t is OF ageneralnature, fuch
FOR initance as comes within the fcope legilla-
ton, the proverb may be correct but il is not
true in matters of fcienoc, and is not applicable
to judges. One learned, able and upright
Judge is able TO do more bufinefs in the fame
ipace of time than twenty upright Judges who
nave neither Information or itrenath of intellect
My idea is therefore that there nlould be three
Judges IN the court of Appeals: not one, only,
became the infirmity incident to all humanity
requires, that the beft and ahiea man, deter
mining in the iaf refort, fhosld be aided in con-
iuitation by others, who are aifo Respectable
t.r their virtues and their talents.--
Nor ihonld the number be only, LEFT there houd
De defe9 of iuffice from i divifon ef the Court.
lrp fk,s-aE te tb.
dopted, becauie it affords the benefit of combination
and renders divifion of tie Court impofble have
never heard an argument urged by any man TO fheyv
that the preien nunlber ought to be preferred but
In addition to what has bean already fad very i'm,
portsn fact has been tated to prove that this num-
Der IS too large. 1t has fometimes happened that
whole day has been employed by the judges in deli
vering, in iuceefion, their elaborate opinions The
delays in the Cour; Of Appeals are the theme of gene
RAJ complaint How thefe delays are to be remeded3
is queon, which has excited and certainly deierves
attentive examination Oge itep towards the accele-
ration of bunefs, is the dimnution Of the number of
the Judges. When we confder how much time muR
neceiiary be employed in the ferrous duty oGdeliver-
ing opinions, the faving of at Leap two fths of tina.
ti'ne inuit be admitted to be very important conf
Iteration.
Nor do I fee why there fhould be two Judges to at
tend each diitr4 COURT nce their deciions are not
concluflve. One Judge will generally carry on the
buineis oil fuch courts, with more expedition than
two and his deciiions will be appealed from or fi
perieded more frequently than the judgments of the
courts as they are now organized Perhaps appeals
would be leis frequent. When motion fails in couie
quence of the diviiion of court the opinion of the
favorable judge is always the foundation of bill of
exception.
The law then hould declare that after the fri va
cancy in the Court Of Appeals tbat courr mall conf
OF Jour- and after the econd vacancy of three Judge.
that the general court HAIL. after the r vacancy con-
fit of nine judges and 70 until the numbers hail
be reduced to five; ard tia, after ire III vacancy any
buineis IN the dttriet court, which requires two
judges may be done by one. IF < be obiekfed that
the l'te OF prfoner may under tlis yftsm dsoend
o. tagls Judge, IT is TO be obfesss .ba. IL rsa be
70 noy if fuch be the pronsT's choice that the hu-
mainly 1t the Judge will always inuce him to hte
the cafe 70 the General Court, when a difficulty &C.
ours; ard that the tir1idty na RAJ 70 tn bur,a,,
mind, when the life off fellow creature depends on its
decibon will always operate in favor of the prifoner
II may BE afked, if we have too many Judges, why
not re organize the and get rid of the hrsr-
Nous number, as was DONE ard properly done by the
congreis of the United States. aniyer that the ca
les are not parallel The ex-judges of the United
States were judges of day they took their off,
ces from an expiring party and knew the precarious
Tenure aT wirieh rhey held ;hcrTi. Soi.,e of them
wond not even quit the practice of the law, or the
bniineis in which they were then engaged. Whe will
compare the claims Of thele men with thole of our
judges who called their offices by the del,be
rate will of the Aate and who had right to calcu
late in accepting the Office its continuance during
their lives
Before this gradual reduction Of the number of iu-
dicial offices can be effected it obvious that MANY
years mul pats away. May they indeed be many
Their faaries therefore being conEeledy Inadequate
ought to Immediately increafed Bnt if the obiec-
ton to an immediate augmentation cannot be fur
mounted; the object in view may he gradually at
tsined. Let the faiary, which would expire as each
office became vacant be equally divided among all the
other Judges. This arrangement weud in time give
them about ( 7S6 per snnum. But this fun is not
enough The true criterion with relpea to judicial
iaaries, is to be found in the principle of political c.
economy before laid down. So much ihould be given
to Judge, will induce the lawyer who ands at the
head OF his protection, abandon his practices this
has been the cultom in England, and the eRea has
been that for century pan, the great learning and a.
bility Of siudges have been the admiration of the
world, while igf3 and corruption have dfsraced
every other department of the government. If the
Legislature Of Virginia want the fervices of 4 great
man in any office, they ought make the interea
of great man to accept that Office. The advantage
Of having Of talents he bench is inealcuabIe
The time, litigation and expence that are favsd, are
beyond computation. But on this fubje6 detail i,
impoilib!e. One remark however, wiz fuJmit to
your confederation. Il is oberved that fsr ieveral
years pat, lurieS divided in almoh every inpor
ant cafe. This evil ieems to be ncreaiinr in napni