Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-08-21

to inquire more particularly into the circum-
stances under which, the Mcssrs. Fuckers,
claim the privilege of Patentees we were
convinced that their case was embraced by
the amended law of the United States 1--WE be-
cve that of 1881 on the subject of Patents.
There can be no doubt, that Anthony Rucker
the elder was the original inventor and construc-
tor of The James River Batteau, aud that it
was species ofboat essentially different from
any before that time used on the waters of
America.-This information we can have
acquired only from enquiry, yet it is from
enquiry prosecuted with some diligence, and
directed to individuals who from their aye,
Intelligence, and situation in life, have had the
hest opportunities of knowing the ficts-Mr
Jefferson we understand is prepared To Give
hIs testimony in favor OF the ancestor of The
Patentees and it is said was spectator of
the launch Of the first boat of the kind ever
used ON James River, and which occurred
somewhere in Albenarlc--As Anthony Ruck-
or was unGuestionably the inventor of this
boat, and as Congress in their wisdom, have
thought fl TO extend the benefit of their pro-
visions on this subject TO the heirs of invent
Ors, ailixng no limitation as to the time ofas-
seriing the claim, I'VE can see no good reason
why the patentecs in this case should be de-
prived of the benefit ofthcir ancestors ingenu-
ity. We imagine that the similarity ola Bat
teau 10 the long boat ci a ship, is rather i'm
aginary than real, though we are too ignorant
on these subjects 10 en,imcrate the disinc-
tons. Lynchburg Press.
GisWe have personal knowledge ofihe Jpcis Of
This case but IL is important, and deserves TO be in
vesiigated We leave II 10 those gcntenen who
personally Interested III the matter and conversant in
rs details Eaquirer.
I5 he Editor ofHe pirginia Herald.
S,tp-I was r,,f,,rrel la. f,ippI =, f..,y ,l,ys
ago, TO an article in your paper of the o5th
July, purporting TO be an analysis of the 9th
volume of Munford's Reports, made with the
view ofexposing the " glorious uncertainty of
the law" and the frequent errors of its ex-
Founders. ! confess | was at first little star
tied at the general result, but when came to
reflect upon the subject, and to examine the
volume ITSELF was at no loss to account for
the circumstance, without arraigning law as a
science, or irnpugning its administration in our
state. And as the article in question is calcu-
lnted, although am sure not intended, TO pro-.
tuce erroneous impressions on the subject,
be- leave to offer you IA few explanatory re-
marks.
In the first place, it is notorious, that where
one Judgment OF u superior court law is CON
trorerted in the court above, hundreds are sub
mitted to, from necessity. In this way, even
many appeals, &c. from the county courts,
are finally settled, and are heard of no more
IL IS only where gentlemen of the bar, after
taking time 10 examine the record, believe
some error in the judgment or proceedings TO
exist, that the case is further prosecuted. Ii
frequently happens, that after appealing, lin
consequence fthe coimsel's being dissatisfied
at the time) the case is abandoned upon fur
Their advice or consideration, so that the re-
ports generally exhibit such cases only, as hav-
a Loft cd ~ fhn linda
Ieisurely scruiiuized by learned counsel, and a
difference OGopnion exists, or some new point is
found 10 arise. The Reports do not shew the
numberless other cases where no error has
been discovered and il is upon the whole,
rather wonderful that SD many judgments, after
passing through this ordeal, are affirmed, than
so few
2ndIy. The Reports shew only the most I'M
P0faRt OF the con'roverted cases. The delay
cases, and the plain ones for the appellee, do
not appear and yet these alone would shift
the balance to the othnr side.
5rdly. 1t often happens that the point upon
which the Judgment is reversed, never occur
red i'll the inferior court. The court below
has seldom time or inclination to look into TIE
pieadings for defects. The dcclaratonis scarce
w ever inspected Yet a radical defect found
there, is sufficient 10 reverse the Judgment,
although il may have been rendered by de-
fault, which makes il impossible for the court
below to know any thing of the pleadings.-
SO, too, ii the cause is argued and decided on
one point, and some other, not thought OF at
the time, is afterwards discovered by the eX-
crtion of great legal astutcness. 1t is we'd
known that cases in the court Of appeals
often assume an entirely different aspect, from
That presented by them TO the Judge, whose
opinion is questioned; and that it has been a
n,xri4I, 70 10 ~
al demurrer to declaration, sc. assigning for
causes Oferror, several frivolous ones, and keep
Ing back that on which they intend TO rely in
the court above, with anxious sOlicitude thus
gaming delay, and GENERATING their adversaries
with costs. The 9th vol. OF Munford furnish
es examples of new points made in the court
above in almost every page. open the book,
and without selecting, find the cases of Tai
laferro and Gatewood, and Stewart and Crab
BINS God'n. Let any lawyer peruse them
and then determine whether Judge Broken
brough in the first case, or Judge Semple, in
The other, is responsible for the reversal of the
Judgments Judge Brockenbroughs attention
was directed solely to the important question
ofduc diligence, and Judge 5enplc was pro-
baby entirely ignorant how the declaration
was framed.
4thly. Even where the points are the same
IN both courts, it may sometimes happen that
me revising court has not the same lights, nor
does it act on the same data, as the inferior
court. If an appellate court will take cogn-
lance of motions addressed to the discretion
oi an inferior court, and depending on parol
evidence, we may expect to find contrary de-
telsIons, where no difference of opinion exists.
The inferior court may take down the words
OF q witness faithfully, but it cannot give, as
Judge ROane said in Bennett and IIardaway,
ldc Sinde of the manner OF lcsiifying, the
hesitation of partialty manifested on the trial,