Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1835-10-15
4 PETITION
To tie Legislature Of rIIr-iv.

CefHa. resi.I1y IN TIE IhIrfeeah CIR
en-! ofthc Secenti JUDICIAL District
Sic,ccfi,
That your memorialists have lone
been impressed with the importance
OF increasing the salaries Of the Judges
Of this Commonwealth-and especial
ly, OF the Judges OF the Circuit Courts.
We believe that il any one eircun-
stance more than any other. in the poll
cy of our government, will conducc
TO the preservation OF the rights and
morals OF the people OF this common
wealth, 1t will be found in the respcc-
liability. dignity. aud independence Of
tho Judges of the State.
We believe tia, these desirable oual-
i6cations in our Judges. have hitherto
characterized them az a BODY. The
most eminent barristers. and the b. ST
men of the land have been proud TO
add their names 10 the long list Of legal
worthless who have herctofcc she'd lus-
ire upon the Judiciary Of Virginia.
But, we do seriously apprehcnd that
unless such provision be made for these
important officers, as may be somewha,
commensurate with their services. that
we may one day have 10 lament the
consequences Of mistaken economy.
in fixing the salaries of our Judges too
low.
Your memorialis,s wish il TO be dis
tincuy understood, that in this proceed
ing, they have no alluSion to any gen
tlcman who now fills station on the
bench. As far 81 they know. or are
informed, there exists no cause for any
complaint against the present incum-
bcnts.
Gut they 90 know by their own OBJ
servation and knowledge Of the duties
aud expenses Of our Judges, that they
are not adequately paid for their Ia
bors-and it must follow. in the course
Of time. that the men best qualified
to be the SUCCESSORS OF the present in
oumbents will be deferred from taking
an Office requiring high legal and moral
qualifications. and demanding an al
most constant devotion TO arduous du-
ties. when the salary to be received i,
perhaps not one half Of the amount
Of their certain professional receipts.
Another consideration which appeals
20 the Justice Of volr honorable body,
is, that the labors of the Circuit Court
Judges have been doubled by the ope-
ration Of the circuit law. giving chan
eery Jurisdiction to their courts.
The effect has been.
I. To transfer the chancery bushes,
formerly done in the county courts, to
the circuit courts, because Of the great
facility Of urging and prosecuting pro-
eecdinss in chanccry-added TO the
general belief that il is more speedily
and correctly done.
,. To increase, otherwise, the num-
Der Of cases in chancery, because OF
the greater convenience 10 suitors, in
prosecuting their suits: and because 81
the chcapness Of chancey proceedings.
resulting in part from the decreased
necessity Of having copies taken for dis
iant counsel. parties, aud commission
erS Of the court.
In consequence Of these, and other
causes. there is in fact, agreat increase
10 the chancery docket, as may be seen
BY comparing the aggregate number oi
cases ON the Circuit court dockets in
the counties Of any one Of the old chan
Gerry court dis;ncts, with the former
chanccry court docket.
Al this, while the common law ca.
ses are not lr,sencd IN numbrr-And
in the district where your memorials.
reside, there exists a. many counties a.
used formerly TO constitute the distric
Of one Judge OF the old superior court
In fact, the cases at common law
have increased greatly the jurisdic
ton has been extended. by allowin.
so as the minimum Of jurisdiction
aad this addition between $50 and$ 100
j, in tho range Of the usual business
transactions Of the people generally. a
would greatly increase the number o
suits.
The consequence Of all this upon tht
Judges Of the general court Is. iha
what with sitting during the terms il
The day-and deciding chanccry cause
at night, their duties are rendered IA
more onerous Than formcrly--thc durl
ton Of the terms increased--,hcir pc
mods Of vacation shorlencd--and tia
period occupied by examining import
ant causes under advisemcnt--iniunc
Gons--applioa,ions forappeals--maada
mus, and the like. The terms Of ID,
General Court come in then. with III,
important and interesting duties Of 10,
Judges as members Of that cour;--ant
the Commonwealth gets Il may almos
be said literally the whole time Of {
Circuit Judge. And for what compen
sationi--For a salary that IS less thar
the proceeds IL he business Of a re-
spectacle mechanic in any thriving bu
sinesa in any moderate sized village 0
the land.
For a sum. gree, part II which mus
be expended in the expenses of travel
Ing and abiding at the several cour
houses Of he circuit salary which