Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-09-03

wi" '"e "afrehtoh " ouquierj 1azette OF Avg. 90
Ffor, the Enquirer Of the 18th
10 THE EpIroRs ENQUrnnR
In the Enquirer OF the Sd inst. lind con1muni-
ation signed A b.. referring to an extract from the
w arrenion Gazette which charges the Judges of the
General Court with derelicton of dutv in NOT as
gning some Judge TO hold special term of the Su-
'erior Court OF FauQuer this fall IF any one is to
blame Tor that omission, it be imputed to me- |
although think the following explanation will con-
Vince any impartial person, that one is to blame
for it.
At the General Court in June received letter
from the clerk of the Superior of Fauquer IN
Judges of the General Court that no apoo;ntme. had
been made by any Judge to hold special term for
tue county, and suggesting the propriety of having
one assigned: 1t was private letter. written as il
appeared without consultation with the Members of
the Bar and fixing upon no time for the court eycent
that probably Fall term would be preferred
knew thot inc terms heretofore had been held by diff
ierch, Judges on the application of the Clerk and
oehtiemen OIL the Bar whenever they determined on
oay convenient to themselves and their clients: and
oeieved that that actice had been found satisac-
tory toall parties - also distinctly ascertancd upon
mentioning the SUBJECT several do not reco1it ct
no" many OF the Judges, that difficulty would be
experienced IN ,nving court ed for Eau
quler a. any time, MOI interfering with their circuits
eGd as Judge Upshur did not commence till the Sd
Monday In Octob.r. and he appeared perfectly will
ing to hold court If applied to- had no doubt the
matter could be arranged to the perfect satisfaction
OF those most nerese ed in its session. and better ar
met with Mr. Scott in Richmond, who is known as
distinguished member of the Fauquler Bar. and upon
my mentioning to him tina, had received such e.-
ter ana ADVISING with him whether it was necessary
10 nave an order made assigning Judge to the coun,
ty, he agreed with me that it was unnecessarv and
that 1t would be better to have meeting of the per-
sons Interested fix convenient time and then uppv
to Judgs as usual, TO issue his warrant These rem
sons win some others of character which may be
readily conceived, induced me to withhold anv FOR
NAL application to the General Court for the assiun-
hent OF Judge, although mentioned the represen-
tatlun made to me. such of the Judres nc would
In all proba by be called upon to perform the drrv
ihe fact of the case stated afterwards to anotber
member of the Fauquier Bar and answered the
.e'ter OF the clerk 10 tn" effect 1t is possible
Inat some loose expression thai letter which ,yos
written IN haste, and of which kept no copv NAV
nave led to the inference that I.fad made formal
represent alton of the facts the court and that #
nau aulourneh without acting on them and yet it
must nave bee seen by the whole context taken TO-
ge'her, That such an inference was unwa ,rontabla
because recollect refe'rn expressly to my CONVEX
sations, with Judge Upshel and Mr.. Scott. and to
the Certainty OF having a court whenever # vas re
CURED as reasons rendering formal assignment I'M
necessary ~
As to Tue failure of fall Fauguer in 1929 is
lecy Weil known that by proaced session
OF tse Conventions which October Il was annI;en n
y a gentlemen OF the Bar 70 hold that court, and in
ol tne anticipated absence during the last months
OF the year of hessrs Scott acrae an early av in
was naned Tor the commencement of its After
on inc application of those gentlemen found they
could not return in me and concurrence of the oey
hd DC Of me Bar the court was postponed, finally
me and since the of il believed courts h, hsen
% nero IN as IN the other counties of
cicu twice year. whenever the desired il No in
stance can be adduced believe any Judges, dcln;ng tbs
day wnen required 10 perform il, and fall
uepenos entirely upon the clerk the gentlemen of the bar and
ne Clients whether will be held To appon, one
Wnout or against their could oplv lead "a
dissatisfaction, and GOULD advantage to those
nave business n the since coutinuances by consent
am Mesrs Editors 10 inude upon your eon
from sss 10 ,eSne that Should rsisgs tho
upon myself The article the Wanenton C;aze,,e :; s
with asreriiy, which has become quite fashionahe ~ ,
indulge towards the Judges bu am ners,adsd h 9
n,s ann COCO feeling OF the people of Virginia will all
e Poec' mem against capous and unfounded accusaton
iou oocoient servant
Frederick County, Aug. Q, 1880 'A''>i-"
Very true Judge, ssthere is no donb but tb,+ .h
good sense and good feeling Of people of V,ronia
| at al 'i"es protect the Judges against captious
. nu announced accusations but when an accuse
lion is preferred which is neither captious or nnonn
oed' the same good sense and mpurtiatv of he neo
PIE WI supper, any press that has the Independence
to prefer it. '-''D'e
w. W. nave read the above letter of Judge Parker
with attention. and with every disposition 70 reirac
any and every thing contained in our former or,;c
tine asperity of which is complained of bv the JuJ
@hicf Jussice might seem to require But we re-
sret 10 say we have nothing to take back Tho
charge which we made against the ConaaI n M
was That 1t had failed IN the DISCHARGE of its dut -
,tS session in June In not heving assigned "sonoe
ouage 70 mold special court in this county" Can
~o''A Gcnv
that this charge either captions or unfonndeds
10 not eapueus Tor this county deeply interest
ca 10 the discharge of this duty, and it is not un
ouIo because IN point Of fact assignment was
made notwithstanding the circumstance that M 70
guar term OF the Superior Court of this county had
peeh neid since the fall of SEA and outstanding
bao, ur.1ef circumstance that appointment had
zen paoe oy any Judge of the General Court of a
speclal term IN this county. Under these circum.
stances is not the law imperative that lit shall be
me me DUTY OF the General Court" to assign some
perform this oUrT5 1t certainly did not How hen
al9 Win what proPriety this charge be- pronoun
coo "unfounded?" The Judge seems to Law rrca,
Stress on the circumstance that no 'forruaip sn6ca
ton was made to the General Court for the ASSIGN
iens OF Judge: this we think we have heretofore
g 81 was altogether unnecessary under the law.
II was the duty of the General Court to ennmrs in
to the fact whether any appointment Ind bedn n,do
1y any Judge Tor special term in this county, and
II none bad been made, it was the duty of the Cour
on Us o" ~, noton TO assign some Judge to hold
ssaf no