Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-05
To THE EDITORS OF THE ENQUIRER
REYOlUElON VARY CLAIMS

Through The columns OF your paper, beg leave to
submit the following suggestions to the impartial con-
sheraton at the Legiliturc. aS aware, that seye-
col communicative have already appeared on this sub
ject, in the public prints but, az thew were merely
sticuros on the Report OF the Auditor, and old no.
enbra general vie OF the subject somet5icg more
seemed wSniDg to safety the legislative mind la act.
ins matter, dec ply involving the inie res,
the Commonwealth. Before proceeding further, jus
;ice TO The Auditor requires saw, that am utI. r
iy unable 10 perceive any thing offensive, ia hi. Re-
port, 70 induce The harsh snmadversions with
which he was assailed. la responding to the res he
ton, calling upon him Tor Information, the create All.
tude given and II he Departed from the strict line
of official duty, can be attributable to 10 ,t,er mo-
tve than an honest zeal in dschsrgin the highly re-
spoDsle duues of hi+ Office Upon this subj ec ther,
can b. but one opinion, among those well acquainted
with him. both in his ivate and official cbsractrr-I
am centralized, however, TO dif.r wi the Audlo in
the plan submit ted by him, liquidang those clam,
10 hAf-pdy. Its surely iDpo sible mo jiiy in an
manner, the dci'ion Of the Court OF Appeals and any
legislative interPosition to that ec, would he clearly
unconstitutional only by impating the obliga atom
OF cont ac,',bui direct usurPdtion OF power x In.
svely Ions ing to another department of the Cavern.
mn For the Constitution declares, " That the Leg.
i'huve, Executive, and Jul'ciny DEPARTMENT. sh al
he sepsia and dis incso that neither erercse The
po,otrs properly belonging to The other" Ye, ac-
cordng 10 the scheme OF the Aud tor, there must be
revision OF the judgment OF the urt Of Appeal by
the Legislature, aud commntslion OF Eve are full
pay, given ia lieu Of the half pay for life. IL the L..
g'siaiure can materially modify judgment o. h
Court, why not at once pass act u null fcai,n
Since the principle is ihs in both cases Here
thsn, would bs concurrent exerc OF power hy Iif
tsrsni departments of Government. which the Coosfi-
tudjD had expressly drciai ed. should he .eara.iy
and dnctiy exercised. 4 this question On on, II on
II he cdled) too obvious 10 admit OF eonttove,.
sy The antiquity o hose 81 ims snd tie almost n
IRE destruction Of documentary evds nee, NAV mr..
haps occasion enhancement in eHsctiug in son. me-
GUITAR cases, fair adjustment between tie csimaais
ani the CDmDo0wealih out az tn efnharrassmeo,s
not ar bnshle to the iGohes Il the Officers p, Il,
any act Of theirs whateverOui on the contrary hays
out Of the negligence, aud IN fact careless net
OF the Commonwealth hersel 10 suffering many Of the
mo.t impofsoi oignsl dlcuuens be lost or destroy
ed, twJul induce the brlie that the Leei would
fa her lean IN tSvor Of those whose rights had been 40
gres'iy impaired by her negligence, than 10 sup.
p 80 she would uks advantage 4 her own wrong and
hereby 'tolato rule Of equity prevailing ia her own
Cour's OF justice. and what asgraJIe there
Tor relaxation Of the rule in this instsnes? On ,h.
coottary, all tho circUm tances e the case renIer it,
appl able in this Instance than in any
other whatever Fot thees il every reason 10 believe
the mi ry sustained by OH srs in consequence OF tn
lo3s Of ~ ss "nportnt records. fbe cans. Of thp
failure 10 sustain IN " claims before the old Court
Appeals, 10 1902; for all The cases were den .sed
Uttho prejudice TO tue claimants, IN 0rdsr tia, tn
ngrt rsnsw their suits, Vhrn additional evidence
ould be had Court, thereby. clearly svioeiok
dfsPoshoo 20 decide 10 favor Of the eisfmsn;s POP