Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-10-08
A PETITION.

| 10 me Legislature Of Virginia:
The Respeelfas Memorial q the dndessigis-
ed.eiiisens Of the Commonwealth, rssiding
IN The Thirteenth Circuit Of tie Seventh
Judicial Dstyict - Shesoeth,
! That soor memoriaIists have long been
impressed with the importance Of incress.
/ ing The salaries ofihe Judges of this Com.
monwealth--and especially, Of the Judges
Of the Circuit Courts.
| We believe that il any one circumstance
more than any other. Ia the policy of ouI
government. will conduce to the pres er.
vaiion Of the rights and moral, Of the pen.
pie Of this commonwealth. ii will be founu
in the respsctabiliiv, dignity, and indie
/ pcndcnce Of the Judges OF the State.
/ We believe that these desirable qualiG
cations in our Judges. have hitherto char.
actcrized them as a body. The most EN-.
inent hartistcrs, and the best men Of the
land have been proud 10 add their names
TO The long list OF legal worthless who have
heretofore shed lusire upon the Judiciary
Of Virginia.
But. we do seriously apprehcnd that IN.
less such provision be made for these i'm.
porfant officers, as may he somewhat COM
mensurate with their services, that we may
ono day have 10 lament the consequences
Of mistaken economy. in fixing the sala.
Tics Of our Judges too low.
| Your memosiaists wish il TO he dis.
iinctly understood, that in this proceed.
ing, they have no alusion TO any gen
tlcman who now fills a station on the
bench As far as they know, or are in
formed. there exists no cause for any com
plant against the present incumbents.
But they do know by their own obscr
walton and knowledge Of the duties and
expenses Of our Judges. that they are not
adequately paid for their labors --and it
must follow, in the course Of time, that
the men best qualified TO be the success
sors OF the present incumbents will be de
TERED from taking an Office requiring high
legal and moral qualifications, aud demand
ing an almost constant devotion 10 ardu
Gus duties, when the salary TO be received
IS perhaps not one half OF the amount of
their certain professional receipts.
Another consideration which appeals to
the Justice OF your honorable body. is, that
that the iabors Of the Circuit Court Judg
es have been doubled by the operation Of
the circuit court law. giving chancery ia
risdic,ion 10 their courts.
, The effect has been,
l. 10 transfer the chancery business
tormerly done in the county courts. IL the
circuit courts, because Of the great facility
OF urging and prosecuting proceedings in
chAncery 10 the general belief that
II IS more speedily and correctly done.
| To in -.
Of cases in chancery. because Of the great,
er convenience to suitors. in prosecuting
their suits; and because Of the greater
cheapness Of chancery proceedings, result
ing IN part from the decreased necessity
OF having copies taken for distant counsel,
parties, and commissioners Of the court
In consequence Of these, and other eau.
SEES. there is in fact, great increase to the
chancery docket, as may be seen ty com
pairing the aggregate number Of cases on
the circuit court dockets in the counties of
any one ofthe old chancery court districts,
With the former chanccry court docket.
| All this. while the common law cases
are not lessened in numher-and in the
district where your memorialists reside,
there exists as many counties as used for.
merry 10 constitute the district O. one
Judge Of the old superior court
In fact, the cases al common law have
increased grestly,-the jurisdiction has
been extended. by allowing $50 as the
minimum Of jurisdiction and this addition
between $50 and 500, is in that range of
the usual business transactions Of the peo
pie generally, as would greatly increase
the number of suits,
The consequence Of all this upon the
Judges Of the general court, is, that what
with sitting during the terms 10 the day
and deciding chancery causes at night :;
their duties are rendered far more onerous
than formerly-the duration of the terms
incrcased-their periods Of vacation short
ened-and that period occupied by exam
ining important causes under aivisement
-inJnhe t'ons- apple atoms for Appeals -
mantamus, and The like. The terms Of the
General Court come IN then, with the i'm
poftant and interesting duties Of the Judg
es, As members of that court-and the
Commonwealth gets III may almost be said
Aierattyl the whole time OF Circuit Judge.
And for what compensation p-For a sa.
larry that is less than the proceeds of The
business of respectable mechanic in any
thriving business, in any moderate sized
village Of the land
For sum, great part Of which must be
expended IN the expenses Of travelling and
abiding at the several court houses Of his
circuit.-a salary which is not equal by
one third, to the proceeds Of the practice Of
at least two lawyers in most of counties
oil the commonwealth; and which is intend
ed certainly not to enrich the incumbent
but assuredly to support him and his Ca
mily deccntly--and il will not do il.
For your memofialists take it for grant
ed, that IT never was intended by the le
gislative vii! TO exclude lawyer. in all res
poets qualified, merely because they were
not rich. II anquestionably never was
contemplated to make the possession of