Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-08-14

cisi charges 10 Grand Juies when they ere called
apo to discharge heir srduous duties.
Bot circDm-tsnces may exist which require a
Grad jury to AXE wider range in its erlai-
riss and p esen,nen's. An injurious aud oppres-
sive law may exist; the Legislative authority
may have omitted TO enact Wholesome y salu-
tsry law which circumstances may require TO sc
cure he prosperity aud eliae of the state. In
both these cases q IS t!e ris nj, nay IL IS the Duty
Of the Grad JuTies enquire into, and pr esent
as grievance the act oil commission and omission
of the Legislative authority winch they believe 10
be Injurious 10 the welfare OF t.is state. Sach
case the court believes to exist - this time in the
state of Georgia.
The State is divided into seven judicial d.ircts,
IN each OF which single Judge administers the
law; whose decisions subject to no revision or
contioul. In theory every ciizen in the state is
governed by the same law but In practice each
Judici1I district has different law The mper-
lection OF human language, and human understand.
ing has evented, and will pr obabs forever pre-
vent, The enactment of law In such precise and
exl lici terms as TO exclude construction, as TO
prevent different individuals of cultivated morals
ifom differing In opiniCG of the meaning and true
construction OF the law, and OF the intention
OF the legislative authority. To Introduce uniior
unity IN the decision OF courts aud consistency
In the administration of justice, the organization OF
court TO whose decisions, all other courts shall
bow, and pay implicit re-pect aud obedience, is in
me OPTION OF the court indisi ensaby neceEsary-
Perhaps tie difficulty of org anizing such court
mas been the cause that has hitherto deprived the
state oil the benefits Of central and controlling iu-
dicia suthoTy. The notifications that the orga-
h'zau"n oil such court may require, are cslcuia-
ted TO produce contTarieiy OF opinion even anon.
those who have reflected much upon The subject, &
nsVe hsu the oest means at forming a correct D.
pihion such court may be formed of sepe-
rate maSislracy; or by combination of exist
ing judicial nsSisiiacy; or OF an existing political
OOuN. mere two Otiec In ~ II m lie I
ihe hrst Is the expense which in a republic is, 6
ought always TO be, a subject OF mature delibera-
lion. The second is, that separate and stationary
masiStracy will probsbly become inferior to the
JUDGES whose decisions they MI have TO revise S
eontreui. This objection is entiIled 10 great !
weight. The human mind is so organized that ILL.,
less 1t Is constantly exercised il loses part of its
VlSor 1he exercise required in the investg att on
OF causes, IN the examination of witnesses and
weighing OF evidence, is calculated TO sharpen the
intellect and to produce tact in the administration
ol The laws which can never be required by sta
tonary mssisirscy exclusivel, employed in cor
reciIng tie errors of the Ii this tact
should be acquired by the members of such trou-
nal before they arrived at that high trust, il would
be lndi- psnsiby lost by the disconnuance Of those
habits by which IL was acquired supreme court
toimed by the union of he judges of the several
circuits would be more economical and more eff
Client than court organized upOa the principles
which have been just considered II the legsla-
ture should pass law requiring The judges TO
Vene at the seat OF government "" ice year, imme-
dattly after the termination OF the Spring and Fall
Circuits 10 hear and determine all wTiis of erToTS
motions t. trials and in arrest of Judgment TO
which the circuit shall have just terminated
snail have given rise, every thing w i'll have been
done which 10 necessary to an efficient and
economical court OF appeals, supreme court, or ge-
neral court, as the legislative authority may think
proper TO call it. Great Britain has constitu Ell the
House OF Lords, The hereditary branch of her ieeis-
laiure, high coGrI OF errors AID appeals. But In
fac' 1t Id the opinion of the judges of her courts Of
law Which p evai in that tribunal. For the House
OF Lords IN every case OF in rinsic difficulty, re-
CURES he o. mon In wiring OF all the law judges,
AID The court knows OF where they have
been toerably unanimous where their opinions have
been oveTruled. IL the state CT New York he
senate Is the court OF errors and appeals, and gem
tlemen OF high standing in that state have declared
that 1t has answered public expectation, so much
so, thai when the state revised it's constitution q
lew years ago, no attempt made 10 change that
feature oft. a court Of error and appeals con.
=tituied by combination Of the existing magisra-
cy' would cost nothing 20 the state, il the law con-
s'iuting should not go into operation until after
the next election of Judges because then each Judge
would accept OF bis Office with full knowledge oil
the duties which were eque ed of him. II the law
should go into Immediate operation il might be
proper 10 give each judge who should attend the
OF judges, a reasonable allowance for
such attendance. But such allowance could
scarcely be as objection on the score of economy
II you, gentlemen, sh1ll think that uniformity of
decision in the of Justice is desirable and that
uniformity cannot be obtained without a court of
errors and appeals, in fact, by whatever name 1t
may be called, and shall present the want of such
court as grievance, have not doubt but that
your presentmeht will have weight with the Legis-
lature. have endeay cured 10 present the subject
fairly, and have stated the objections and advsnia
% al
been presented to you. a Recommendation in ia
Vor OF that organization which shall appear to you
TO be the most unexceptionsble,w viii doub less have
weight with those who shall be invested by the
people with authority TO set upon the subject.
Georgia Washington .Ne,Vs.