The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-12


Thoughts on the necessity of a change in
me IaSos relating to the Court Of .Ah-
hedis.
There 5 no subject which more Justly me-
rits the anxious soicitude and profound at
tent'on OF an enlightened people, than :he
organization OF its Judiciary. The ad,ninis-
tration OF justice, whilst it is one of the no.
blest attributes of government, is more es-
sentiaily connected than any other, with the
public happiness. 1t should be the first care
OF wise legislature, that the stream of
justice should How clear, unpollnted and
unimpeded in its course. and di.yuse it's sa
lutary influence to every mar, of the com
munity. 1t was in the spirit of this senti-
ment, that cur legislature declared at a ve-
ry early period, in the emphatic language of
magma charta, that 'iustice or right shall
not be sold, denied, or deferred to any man.
Whe'her our Judiciary is so arranged in
It's various branches. as to answer the high
promises contained i'm this declaration, those
who are best acquainted with its operation
must decide. For many years past, com
p'aints have existed of the delays Of Justice !;
and many plans have been suggested for new
modelling the Judiciary departments, but
they have generally proved defective, in be.
ing founded on too limited a view of the sub
Ject, and in not mounting 70 the sources of
the evil complained of.
Frequent propositions have been made to
multiply the courts, and i'm solna instances
such augmentation has been effected, vet
me evil complained of is not remetlied. The
District system which so far as depended
on decision of causes, i'm these courts,
could notm general be Justly charged with
delays CT justice, has been exchanged for a
superior court III each county. The benefits
OF TINS alteration are more than prob'emati-
Cal; but 1T will certainly not accelerate JUS
ice, In cases where the parties can appeal
to the court OF appeals; but will retard it by
greatly increasing the business in that court
he same effect wonld be necessarily pro
duced by any other increase of courts with a
power Of appeal.
LIE more numerous the courts are, the
greater Will be the want of uniformity, in
their decisions, and the more frequent the
appeals from them. This is position so
obvious. topersons Of experience in the prac-
ice OF Courts, that it requires no argument
to support it. The delays of Justice do not,
tis oeEtved, arise at present from the con-
Stituaoh OF the chancery courts. They go
! through their dockets, and a suit instituted
IN them will be decided in a reasonable time.
here IS little danger of tie superior courts.
IN each County. finding difficulty in perform
ing the business over which they have at
present Jurisdiction.
lt is by no means nv intention, to enter
INTO comparative view, of the merits of the
District system, and the one which has been
substituted for il. This would lead into too
extensive a field of inquiry Nor is it nv
object, TO examine the eispediency, or CON
stitutionality of extending to the circuit
courts, chancery jurisdiction. This also is
a fu'tful theme, and well worthy "A dis
tinct and thorough investigation. The only
1 NATIVE Tor. iI.tr -. s
Jects, at present is, to shew that a delay of
justice in this country, does not, and has not
tor mary years past resulted from the COIL
stltution OF any court inferior to the court of
appeals This is asserted as a general pro-
positions. There may be particular county
courts, where justice is not speedily admin
istered, aud that might occasionally have
been the case with some of the district
courts. but the evil was by no means gene
raj.
L ne true source, of the unreasonable de-
lays, which are now experienced by the
people, In attaining justice, is to be found
IN me defecHDe constitution Of rhe court Of
affeais. and they are only TO be remedied
by reforming the legislative provisions, in
relation to that tribunal. The judges Of the
court OF appeals are distinguished by their
integrity. ability, and devotion 10 the duties
OF their ofhce, but no human exertions can
sundue the immense load of business on their
docket, at present enormous, and every day
increasing. There are now about five hun
dred suits on their docket, and the establish
ment OF ninety superior courts, from which
an appeal lies to the court of appeals, will
greatly augment the business of that court.
aud make the prospect of its being kept un
der, still more hopeless
The evils resulting from this situation of
Inc highest appellate court in this state, a
court which give laws 10 all inferior tribu-
mails, are incalcula:le. The extreme delay
attendant on appeals to that court, will be
pernicious to society, and ruinous to indivi
duals. Debts will frequently be lost. by the
great length OF time causes will be depend
ing, and debtors will be induced to appeal
ON frivolous pretexts, from knowledge that
! when they get into the court of appeals.
ihey may bid their creditors defiance. Snch
a state OF things will be extremely unfayor-
able TO public morals, and of most pernicious
influence on society in general Nor will
this Susfiension of justice, fail to be atten.
ded with consequences which, though less
paipablc, will lie no less destructive The
great benefit of an appellate tribunal in the
last resort, is III establishing an uniform and
| consistent train of decisions, which NAV
serve as rules OF property. may regulate the
| Conduct Of individuals, and become binding
| precedents, to which all inferior tribunals
viii be bound to conform. But where such
excessive delay intervcnes between the de-
cisloh OF the cause, in the inferior and ap-
| peIiatc tribunals, before the ultimate sem
teuCe - given, the points in cont Oyersey are