Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-14

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three 70 30 on aud d' the bu iness. should think in
such case there ought to be deduction made from
one 'ssry o. those Judge. who remained at home. Or,
Ss's Mke our Court OF Appeals example. This
Sou formed OF i've judges three Of whom nav torn
Acourt 10 do business Suppose of these Judges
1870 remain a! no me, when It was in his power to
ANen. and let the other four 70 on in deciding the
causes the Court take up two Causes ding on the
Same principle, bat decided in the interior courts
IN opposition. and contradiction OF each other The
onr judges differ in opinion. aud equally divided
What 10 tie ousequence That both gments of the
nterior court stand afr ned, although the decisions
OF tho inferior courts directly in opposition to
each other In examning the reports Of the decisions
tho Court Of Appeals have frequently ob.ervsd that
Wnere causes OF much importance had been decided,
there would be note by the Reporter that such
was absent, and such another Judge was ab,e,t. and
sometmes IL stated that the Judge absent from nds
position, ds'ingnlsh'ng 1t from the other where 1t
woul seem he was not absent from inLsposi,ion There
something wrong in his the fault is either in the
law or the admin stration Of the law and let II proceed
from what II may, the people feel the evil Of the
great delay In deciding causes in the court of
and II possible, the corrective ought 10 be arpIieid
II think II we advert TO what hath taken place In our
General Court, the propriety Of the provisions have
proposed will still be more manifest The Can.raI
Court 10 required to meet twice year in Richmond TO
hoa court Tor the trial Of Commonw ealth busne So
ana 10 determine on points Of law adjourned from the
superior Courts for novelty and difficulty aud certify
'ther opinion TO the Superior Courts of law. Where
point IS adjourned in criminal case the prisoner 70.
mains In Jail until the decision OF the General Court
certified the Superior Court of laws the law REQUIRE.
that majority Of all the judges shall be present to de-
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human being may depend on the decision. We know,
mat In the General Court hath frequently occurred
that majority Of tho judges have ia led to attend the
Court required by laws in such case the prisoner
whose case Is adjourned to the General Court must
lie ia jail until II may be convenient for MAORI Of
Judges oil the General Court to attend and decide
he case adjourned for their decision I think il has
seldom, perhaps never has happened that majority
OF the judges have been sick the same time and un
noe 70 attend the Gen. Court from that Ye Mr.
Fesdont you know cases have happened, that conse
ducnce o. majority OF the judges Of the Gen. Court
wing Jailed to attend, prisoners have been confined
IN jail irom term to torn without a trial: YOU know in.
the case Of Benjamin WOOD who was indicted for the
murder OF his wife. The was adjourned TO the &C.
neral Court as the clerk OF the Superior Court of Law
ted to make entry the record of the finding such
indictment which omission ha escaped the notice of the
Judge until alter the adjournment of the court The casa
was afterwards adjourned to the General Court TO de-
eide whether an indictment had been found agant him
Tor murder. As entry appeared on the record ma
!ory OF the Judges OF the General Court failed TO at
tend at the hrs term-at the next term the case was
continued and ultimately the General Court decided that
no had been found against him; and at about
discharged it being decided that as he had been con-
hned until the third term of the court had passed
that he could not be indicted afterwards and the muir
derer oil his wife escaped the punishment due to his
crime. think the amendment proposed would be we'll
adapted to such cases as have mentioned If the law
makes the duty of the Judges of the General Court
10 attend and hold the court, ask il it would be right
Tor them to draw their whole salary the same way a.
by law.
Again, am strongly inclined to think whenever tbs
constitution shall go into operation, that there will be
some change in the Circuit Courts. They will proba-
bly, be given chancery as well as common law ursdjc
uch, and, perhaps, two assigned to circuit. would
wish 10 see such aProvison in the constitution as would
nave the effect of preventing the Judges from making
arrangements between themselves that you shall attend
that court, and will attend this l have seen some
OF this when the old District Courts were in ope
rauon Two Judges would be directed attend several
Dsrict Courts-for instance, at Washington the Sweet
springs, and perhaps other places 1t Frequently
happened that both the Judges would attend at the
washington District Court from thence they to
come 70 the Sweet Springs but unless prisoner Should
be there, which required the presence of the two
Judges to try limit frequently occurred that the court
al the sweet Springs would be holden by Judge on
Iy the other Judge at that time, being on his way home
Or perhaps, by agreement attend other court
which ought to have been holden by two Judges. 1
well recolect that when applied for licence practice
law, attended at the Sweet Springs District Court:
found only Judge there informed that the other
was on hi, way home After being examined by the
'uage al the Sweet Springs, then pursued after the
other judge and overlook him before he got home I'D
was examined by him. Cases of this kind have i'm !
aueea me to think that such provision have pro-
posed, ought to be engrafted in the Constitution; and
then the Judges themselves would feel their ntere
to attend diligently to all their Courts to prevent re-
duction from their salaries. How Sir Is this provson
to oPerate' Not to the injury of digent and faithful
Judges for he would always draw his full salary Such
provision as now propose il il had been in thu old
Constitution, know. would have had Ell. ct on lie
very agent Judge who presldes over the Circuit, in
which live. That Judge q mean Judge Allen0 has
presided ID that Crcr!t for Is years. Three of the
courts Ia his Circuit, have regularly attended
Sir in the course Of the Is years. he has never missed
single Court Yes, Sir he has not only attended
Court but at o'clock in the morning, he would go on
the Bench, and never leave it until in the evening
unless the business set for the day. was got through
before that hour. Indeed. Sir, have frequently known
that Judge to take his at o'clock in the morning
and remain the Bench until o o'clock at night
without any intermissou recess OF the Court
For such Judge as this, the amendment proposed
holds out no terrors.
have also attended, two Of the Cont, of an adj.
joining Circuit, where Judge johnson presides -
Wythe, one Of the Counties, 1 have attended for Is
years-Grayson, not 50 long. But, during the time
i have attended those Courts, that Judge has never
Jailed to hold his Courts, except last Spring, in the
county Of Grayson. The Judge had come on TO wythe
Court, where he had violent attack OF disease, and
was unable TO get to Grayson Court. Consequently,
on him, the amendment proposed, would have no ef-
feet
But, II may be asked, how is II TO be ascertsined
whether Judge has failed improperly TO attend his
Courts! reply, that have dou bt, but the wiz
dom oil the Legislature, can prescribe the mode in
which that fact can be correctly aseerained. Bot,
would make IL the duty Of the Clerk Of the Superior
Court Of Law, to certify to the Auditor Of Public Ac
counts. that the Judge had failed to attend bis Court
The Clerk should certify The fact to his CosDty
Court Audit the Judge, by his sfi Iavit, or the
shdAvits OF others, could sbew 10 the County Court
that he was prevented by Sickness other cause be-
yond his controu, from attending his Court, The Coun.
~ Court should certify that fact TO the Auditor; in
which case, deduction should be ,de from his ssa.
ry. But, II the County Court should be Of opinion
that the Judge had failed to shew good cause Tor failing