The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-23

'he la'os relating 10 the Court Of AhIteais.
(CoNCLUpED.)
The last number was devoted TO proving
the expSdiency of exchanging the uni mited
right OF Appeal, for the proceeding by writ
Ut error, or supersedeas, and the petition of
appeal, to be preferred to the JUICES Of the
Appeals. If this change shall be deemed
inaduissiDle, yet the warmest advocates of
the right of appeal will .ot, probably, deny
the necessity of subjecting that right to grea-
ter restrictions, than exist at present.
[ The jurisdiction of the court of appears,
as defined by the present laws, extends to all
cases where the Judgment of the general
court, of the superior COURTS Of law, or of the
chanccry Courts sought to be reversed, IL
mounts to one hundred dollars, or relates 10
Il treehOlti, or franchise. If the contest i'm the
Court below, relates to q sum amounting to
ore hundred dos. the court OF appeals exer
c!ses Jurisdc ion EVENT. less sum is ultimate
w found due. Judgment is sometimes enter
ed Tor less sum than fifty dollars SO TOO, if
a freehold or franchise is the subject of dis
pute, 1t IL unin,portant what its valae may
be. The consequence OF allowing persons to
appeal, IN Cases OF controversies about such
very small sums is, that u very considerable
portion OF the time OF The court is consumed
In the consideration of them. Whsle days
have frequently been employ ed in the discus
sion OF Causes, in which, the sum in dispute
did not much exceed the costs which were
afterwards FAXED to the successful party
Inc impolicy ut permitting ,his waste of the
tlme OF court, OF so much importance as
me Court OF appeals. is apparent. The ne
cesiary elect is, that the docket becomes fl .
led with suits of very trif,ing amount, AID
the Court is prevented from deciding Causes
OF real magnitude and Importance
IL t,,.- Il
the Judgment of an inferior Court, as to a
small 'utn, ought To have the same right of
appeal, as IS extended to those who have con
trotcrsies OF greater amount Bu1 some IL
INIT must be imposed OH the appellate juris-
Ciction. In th's respect otherwise it will al.
ways happen as it has done in the present
court OF appeals, that it will be impossible
to decide an the causes which will come be.
fore the court. Besides the injury resulting
from all erroneous Judgment as to small sums.
VIII not be as disastrous to the fortunes of i'm
divdualS, as when the sums in dispute are
OF large amount. 1t will be found too. that
the costs and damages which arc incurred in
the court OF Appeals, fall peculiarly heavy
on suitors in cases of disputes about small
sums. This ought always to be serious
| consideration in establishing the Jurisdiction
OF court, and it ought never to be extended
10 caAcs where the amount claimed bears no
KIND OF proportion TO the sum which can be
recovered or lost 1t is believed that i'm ma
ny cases where the sum in dispute has been
very small, that on an ultimate decision in
our court of appeals, the losing party has
been obliged to pay fifty per centum above
the amount OF the original demand 1t will
be readily perceived. that the inhibition O.
the right OF appeal, in cases where its exer-
else will be attended with such pernic;ous
OF -! az -l. ,
ground of complaint.
| In addition TO these arguments in favor of
imposing stricter limits on the Jurisdiction
OF our court ofappeals it is observable, that
the necessity OF imposing this kind of imi
tatlon III reference to the amount in dispute
on either the original or appellate juristlicti
oil OF courts, is frequently recognized i'm our
laws. This will be found to be the case. in
the acts OF gahizing the different courts, from,
the county and other inferior courts up to the
court OF appeals. The propriety of i'm posing
such limitation being once admitted, the on
| ly solicitnde which will exist, will be to es.
taDiisn IL In such manner as to promote the
ends tor which the courts were instituted
considering the question in this light, it car
never surely be deemed expedient or proper
to allow the highest appetite tribunal of the
Country to be employed in discussing and de-
eidlhg very trifiing suits, to the neglect ant
exclusion OF causes of real importance, eli
ther trom the magnitude of the interest, O,
the extensive influence of the principles in
volved in them. AS the great object for es
tablishing court of dernier resort, is to con.
troll the decisions of inferior tribunals, and e
give uniformity to the laws of the country, i,
WOULD be nugatory to create such court with
jurisdiction so very extensive as to pre-
cludethe possibility of its performing the bu
sincss before it,
The necessity Of imposing restrictions OF
the right OF appeal. is very strongly exem
p!ified, in the prohibition which exists under
our laws, to the carrying any case before
the court of appeals, which involves an,
question OF criminal nature, however tin,
decision OF the inferior court may affect the
reputation, the property, the liberty, or ever
the life OF the accused Here is a much NOR,
copious subject Of complaint and declamati
on and yct'these al-important interests ere
made to yield to the necessity of certaint,
and despatch in inficting punishment OF
crimes
1t being shewn then, that no question o
justice or hardship is involved in the ezcr
else OF the undanbted power of the Legisla
ture tc bx the sum below which tile court O
appeals ought not to have cognizance, AN,
considering the e1pedicncy of so limiting tn
jurisdiction as to make it probable the corr
can answer the ends of its creation, il is be
iieved 1t will not be thought unreasonable /
declare that sam shall be five hundred dol
inrs. IL is worthy of remark, that the &C
oi Congress which passed in The year 1855
commonly called the judicial act, does no
permit writ of error from the supreme
court, TO any circuit court Of the u States