Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-09-03

10 THE EDIToRs THE ENeuInrn
IN .'e Enquirer oil the I'd inst. | find n communi.
cation signed a b.. referring TO extract from th.
" arrcnon Gazette which charges the Juducs of the
General Court with dcrelicton OF duty in not a, |
''gnng some Judge to holda special term of the Su
peror Court of Fauquier this fau If any ono il IN
blame for TINT OMISSION it mus be impu, cd 10 m, |
nithough think the following explanation will con
vince any impartial person, that no one is to blame
for II, ~ ~
At the General Court in June I received lc,tor
from the clerk of the Superior court of Fnuo,,cr m
forming ME, and wishing through the TO iucrm the
Judges ct the General Court that no appointment md
,%o ,nsae ny any Judge to hold special term for
thc county and suggesting the propricty of HAVING
one ASSUMED. IL vas private letter, written az II
appeared without consultation with the Members Of
~ Dar' ano nking upon no time for the court except
mat probably Fall term would DO preferred -
knew that the terms heretofore had been hold bv DIFF
isrcn, Judges on the application of the Clerk md
Hr"tiemen OF The Bar, whenever thew determined nm
= 9ay eohyehien, To themselves and their clients; and
oee.ca 'hat tnat acticc had been found satisf,c-
tory toa parties Il also distinctly asccrtained unon
mentioning the suhJect 20 several. do not rccol 9,
no" many OF the Judges, that difficulty would be
experienced IN having court appoin,eJ for FL
quier n any time, interfering with tbe;, c;rcrt
aud as Judge Upshur lid not commences rim tho ID
n"nday IN Octob' T. and no appeared perfectly vii
ns 10 hold court IT applied to. had no doubt the
matter could be arranged the perfect .oti.fac,;or
vi those most interested in its session and ha,,cr a,
ranged than IN the mode proposed Moreovor
n , with Mr. Scott in Richmond who is Known ne
nnfbt
my mentioning to hun tina, had r.ceived ,uch 10,
ter ana advising with hun whcr her il was neccssnrv
~. W "a'e All oIuer made assigning Judge tn The cnun
H. -. "s'era win me- that II was unnecessary and
"at IL Nouiu De better TO have meeting of the ner
SONS interested. fix convenient time and ,bon ,nnI
" 'uuge Us usual 10 issue his varrant These ren
us WIN some others OF characor which mag be
reduHy conceived, induced me TO wthhold ,ny 81
NAL Application to the General Cour, c,r ,b. -;
'meht OF Judge, although mentioned the renresen
p inauS 10 me- TO such of the Judges as wound
,ph al pfooaoiiity be called upon perform the dury
ne TACT OF the case stated afterwards IN apo,ho.
member OF the Fauquicr Bar and 7 npsusrod ,h
ie'tor oil the clerk 10 the same cffcc, II 10 n,ohi
.na. some loose expression that letter which was
have Ia IA nasle' and OF which kept copy may
nave ted TO the inference that had made fnrr,oI
represent alton OF the facts 10 the COURT and ,ba :,
nuu adjourned without acting them, and vet i,
u'st nave bee" seen BY the whole context taken To-
&c her, that such an inference was upwn rantabI.
because recoect refe ring eSpresslv n nv rorr-
salons, Wi'h Judge UpsheI and Mr. Scott. and n
the certainty of having whenever It vas re
necessary s'''4' u"-
c, 10 lSe failure OF fall term Fauquier M 1920 i,
of tie Conyen,ior Lh @ caused by the ProtTaced
by tho gentlemen Of the Bar hold that cour, and "
of the Yea, s absence during the last months
we year OF nIessrs Scott and Nacrae an early dav in Ian
usiy was named for the of i,s sc.s;o n
wards on the application those gen,.1e session Alter
LeuIn IN time, and with The concurrence of The o,hc
I m OF he Bar the court postponed and was sn,Tn
ne ana SINCE the act Of 1896 believed courts .
heio IN rauquer the counties of the ,an,b
stance can be adduced, believe of anv Judse' d.s IN
SyS nen required 10 perform it, and court tins fail il
entirely upon the CLERK The gentlemen OF the bar and
ne clients, whether will be held or NOT 1Po $500, u
ns. ne,r concurrence could only lead to mutual
Sasacon, and GOULD be OF advantages tn ,ho.a whn
nave business n the court, since con,innsncas h VIC
Easily De Iesohed to, to Illustrate object Of rs session
t,, 'iess's Editors, TO nirude upon YOUR columns
oul hsce seems to require that should reeve The
upon myself The article IN the WaTr,",on OF hSns It
WIN aspeiy which has become quite fashionabs At I.,
sense and good feeling of The people of Virginia h soE
neS protect them against csPious unfound.d aec"sao
Frederick County, Aug Q, 1880 'i L rAhhER
very true Judge, "there is no doub, I'm, tba, ,h
good sense and good feeling of the ncnna os W e
VIII at al times protect the Judges against can;,nns
ahu unlounded accusations" but when an ono,a
81 20 P'eierreo winch Is neither caprious or unfoun
oso' tne same good sense nd mpariialtv of ,ha 49,,
to prefer it. ''ie independence
. we have read the above letter of Judge Parker
uel.on, and with every disposition TO rerracr
~ a"u every thing contained our former sr,ico
ltne ssperlty OF which is complained of bv Tho TnJ
Suich Justice might seem to require Ru, Co.
.Iet 10 say we have nothing to AXE bach Tha
charge winch we made against the GenoraI O.,
vas that 1t had failed In tho dIscb,r,, 81 -, .ourt
us session 10 June IN not HAVING assigned ..soroo
'uuse 10 hoid special court in this county C,n
my person look at the law Of March 1926 and sav
mat TINS charge ls either captIous or unGonndaJ,
Is not captlous, for this co,intv was docnI 49,
-
ca IN the discharge of this DUTY. and # is mo, nm
roado ucrIuse IN point Of fact assignment was
I.r ~. os ahding the circumstance that no re-
suIar Term OF the Superior Court Of this county had
Dcch heid since The fall of ga nd not hsio5d
l"e iurtncr circumstance Tint no appoint mont h,S
osen made by any Judge of the General Court Of q
SpuolaI term IN Tins county. Under these circurn
stances IS not the law Imperative that 49,, Ill ~
inc nc, DUTY OF the General Court" to assign SOM
Suagr TO bold The courR Did the General Com,
p ri I'm ns DUTY II certainly did How hen
ana "lth what proprety can his charge be pronon.
ecu "unfounded'" The Judge seems 10 law groa,
stress on the ciTcums ance thot no formal 3n6cs
on was made to the General Court for the nssinn
nen, OF judge this we thinh we have hcretof9,e
SheWn was altogether unnecessary under IT, IT,
~ vas me duty OF the Genern! Court to enomr N.
20 me tact whether any appointment had becn made
~ "ny JuoPe ioT special term in This COUNTY and
IL none had been made, 1t The duty of the Comr
Va us own motion TO assign SOM Judge to boIL
JouIt Inc Judge says, "at the General Cow, - :
JUNO received letter from the Clerk nC tho sm'
perof Courl Of Pauqulor informing SIZE md wisb;n
mo 10 'norIn Tho Judges Of the General Conrt H.
10 appointment had been made by any judge 70 boIJ
speclnI term for the county and sprrSs,, , ,