Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1837-02-04
FOR TUE ENQUIRER.
To the Legislature Of Tir"inia.

DELh IN lie AoUhl VI HllCALS,
When the Court of Appeals was re organized under
the new Constitution, and appeals as Of right abolished,
the hope was entertained, that in n few wears the Cour,
would have despatched the causes which had accumu'
Lifted upon the docket, and be enabled then 10 decide the
appeals without delay.
In this hope we have been disappointcd-Fire years
have passed away, and still! appeals must depend in the
Court for five years or more, before Il decision can be Oh.
tanned This continued delay has been a CRYING evil,
and calls loudly for Legislative !nlrr1oSil!On. The rurS.
ton is even agilatcd in the country, whether il would
not be better TO have no Court Of Appeals. as was the
case in Georgia 4 few Yeas since, than TO suffer The in
jurics resulting from The c!lay which now exists in our
Court.-All will agree that the mischief uuMit TO BIZ re-
,nCdicd: and The difficulty consists in devising The remedy.
1t is necessary 10 ascertain what is the cause Of this
delay. Sumo attribute it 10 the almost inleTminable
speeches oi The Counsel; and when we are informed
that The argument Of the appeal n John Randolph $ will
case occupied trcnty tu0 dayS, this might well be de-
signated as one of the causcs-bat the true caus: lies
deeper than this. rs cur JHaicat system IS noe 0rgan-
i-cd, there is more BUSINESS IN The C"mrt, than can he de-
spatshcd b. q. The abolition Of appeals, as Of right,
has Iesscned line labors of the Court but little, il al all.
Petitions for appeals are most frequently presented in
open Court; the records must be examined by all the
Judges, and if any one of them doubts as 10 the proprle-
,y Of The decision Of the Court below, The appeal is grant
ed, and upon the hearing Of il some years afterwards,
the case is argued and must Ec rc.cxamincd.
The manner in which the Counsel are compelled TO
argue and the Judges 10 determine Chnnccry ga -scs IN
The Circuit Courts. mas increased the applications Tor APP
meals. The Bar and Bench are iatgued by the iahors OF
The day in lhr law side of the Court, and must then de-
vote the night to the examination and decision OF Chan.
Gerry causes.
Thus situated, the Judge cannot be aided By The Coun.
sci as he ought to be, and lie has not time and strength
TO give 10 the cases the thorough examination, which The
correct decision of them requires. THESE diiticultlrs
must have presented themselves 10 every person who Is
familiar with the practice in the Circuit Courts. IS 1t
then, strange, that appeals should be multiplied: This
system of Circuit Chancery Courts is too popular, and
too many interests are engaged in favor OF lis contlnu-
ance to admi; any hope Of change in ilis respect.
Alter the causes are argued before lie Court OF APP
pra!s, The records (nany Of them very v"luminous) must
DC examined successfully by each Of the five Judges, be-
fore tin y can lie prepared even 10 confer as 10 The judy
inert 10 be pronuunccd.
From these various causes the labor Of the Court is
immense. The late Judges Green and Carr both fell
victims 10 their unceasing application 10 The duties OF
their office.
The Important question rccurs, hO,c is this delay In be
rJriated? have long been Of opinion, that The only lea.
sihle remedy mast be as follows: appoint another Judgc
Of The CDnrt IF .4ppcais, mhich 'roud hea consist ct sr
mcm5ers- assign Tire IF them TO decidc 0H .3PPeais IN
ChaEcery cnustS; anil Tic othcr three, The .3pptaiS IN the
Common Lnm causes. BY this means, HE business Of the
Cour; can be disposed OF in half the time which is now
required, and it will be better done. A JUDI 81 who de.
votes his principal attention To the decision of Ciancery
causes, must he more familiar with that branch Of the
law, than one whose mind is distracted and called of TO
the examination and decision Of common law caucse,
Gnd SO rice rerSa.
The Legislature Of South Carolina has lately adopted
the plan now suggested; and the ~propriety OF liz intro
duction in Virginia is respectfully submitted 10 the Le-
gislature. Something must be done, or our Court Of APP
peals W III be any thing buta blessing These lew thoughts
are presented, in the hope that they may elicit inquiry
and examination, and that some efficient remedy may be
devised for The delay, which is q reprUach To our Judicial
system. A SUFFERER,