The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-16
[ToR THE ENoufRER1
No. III.

Thoughts on the necessity ofa change in
the iavs relating to the Court Of IN
heais.
l. was attempted to be shewn, in the last
number that much of the Inconvenience aud
delay which is experienced in the Court of
Appeals ~ present, proceeds from its having
50 few judges. so far as the influence of
this cause extends, it will of course be re
madied by adding to the members who
compose the Court. This step it is believed
will infuse new vigor into this tribunal and
give additional energy and dispatch 70 its
proceedings.
But though the increase Of the judges will
do great deal, towards eifecting the dis
patch OF business, it will require other lie
gisigtive provisions, to come in aid of this
F! imports ant provision. & TO effectuate the desi
rcu retorm. The jurisdiction of the court is too
extended & embraces Cases which ought not
to come within it. The arbitrary right of an-
peal allows persons to bring before the court
causes in which there is no difficul,y. aud
when their turn comes on the docket, are dis
patched without hesitation.
! The long existence ia this state of this
fright OF appeal, seems in the eyes of some TO
have attached some degree OF sanctity to il.
And yet when examined, it has few claims
teither on Justice or policy. 1t would seem
difficult to assign a reason why man who
has established the justBess of his demand
lbefore me at he tribunals of his country,
should be compelled to wait for many years.
because his adversary chooses, either for the
sake of retainingNhe use of anather's pro-
Iperiy, or perhaps togratity Htigeous, or
vindictiye spirit, TO carry him before ar
appellate tribunal In such case, the per
son against whom a decision of AN inferior
icourt has been given, ought before he is in.
dulged with new examination, at least to
shew ses.e probable ground to conclude
that the Judgment ainst him was Illegal or
unjust. The cases in which this right of
appeal will sometimes be exercised, may pre-
sent circumstances or the greatest possible
hardship and opprc ssion to the person ha-
wing the judgment appealed from.
! He who has obtained judgment FOR pro-
iperty, i'll the inferiSr court, may be in want
not only of the comforts, bur the necessaries
lot life, and yet his opponentiwho, perhaps
with i'll gotten wealth, is rioting in every
luxury, will protract the state OF wretched
mess, of which he is the CAUSE, by suspend
ing the claim for many years longer in an
appellate court. Slight and trivial will be
tue atonement co an innocent sufferer, after
he has pinned out years of penury and wretch
Iedness, and when perhaps he can no longer
ENJOY the gifts of fortune. that he shall at
~
may very possibly happen, that this great
: delay III obtaining decision in the Court of
the last resort, will reduce the debtor to
jstuaton, which will endanger the debt it
sell. Morris this arbitrary right Of appeal
more Consistent with policy, than It is " it'll
Justice where debt is claimed of an
individual, land suit is Instituted for
It's recovery, 1t is generally better for the
defendant to know his fate at once
lie will then make arrangements adapted to
his actual situation, he will provide fund.
il he can, to meet what ne is 10 pay, and he
VIII live with economy until he gets clear
from incumbrance. But he who appeals e
ven upon very slight grounds, is very apt to
latter himself that he will succeed and in
stead or preparing TO meet the storm which
lthreatens him, he is too apt to pursue his
usual mode of life, relying on his chance of
escaping by the decision Of the appellate
court. The consequence is, that when the
Judgment comes to be affirmed, and its reco
VERY enforced, that by the addition of fees.
costs ard damages, it will greatly exceed
the sum originally due. and cannot be DIS
Charged without Immense sacrifices How
inagy fortunes have we seen in this country.
sunk IN efforts to procrastinate Just debts
and amongst the most destructive modes of
procrastlnation, this indiscriminate exercise
OF the power of appeal, has always stood
i pre- eminent.
| 1t would seem therefore more intrinscal
! iy just, more for the interest of both debtor
ard creditor, that the power of CARRYING
suit to an appellate court, shonld be confined
to cases where there is probable ground To
believe, that the inferior court has done
wrong. Instead of an indscriminate right
! OF appeal, let no case be removed to the
coWt OF appcais but BY writ of error, or SUI
! persedeas, and in chanceIy cases by an ap
| peal IA nature of writ of error, either
OF which modes of carrying the cause to the
Court OF Appeals, sh Md be on petition to a
Judge III vacation, or to the court in session.
! Ihis would have a tendency greatly to a
! bridge the business If the Court of Appeals,
ant that Court would be confined rs Il ought
! to be, TO the decision Of causes involving
difficult questions, and important princi
pies.
! The Court Of Appeals have ALREADY deci
ded great number of causes, involving most
important principles these ave promulgated
to the world Every day we have new cases
Published. and there is reason TO b. iicve,
tha' In a lew years we shall have a body OF
domestic decisions, involving the most inn
poriant principles which arc applicable to
| oar SITUATION, add on which questions of pro-
Pertv, may depend
| This will render il much easier for the
Judges, when applications are made to them
| tor writs 81 - fur, OF supeTsPdeas. or appeals
~ sly IL once whether they shall BE- granted
thty vii have no,hing 20 do but to- advert
@ analogous principles. which will have
| iccu d--tdcd in the court and thc-e will