Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-12-12

NV " q Nouvcuttou 10 uitcf VI dmeu0 ~, |
consists in tina defective organization oil
our judicial system, and the total inabili-
~ Of ihe Supreme Court, under the ex
is,ing form OF the Constitutions, tn trans
act the mass OF bu,iness brought before
Il. The constitution limits the number
OF judges Of the Supreme Court to four
and requires two constitute a qourum to
do business. and directs that the supreme
court shall be heidonce a year in each
county i'm this state. II is invested with
original S appellate jurisdiction, DO IA in
common law and chancery, in such ca
ses as shall be directed by law. The
statue has given TO this tribunal an exten
sive original and appellate jurisdiction:
the consequences is, il has become so load
cd down with business rs to render il i'm
possible for the Judges with all their
known industry and talents, to dispose Of
II IN manner satisfactory to themselves
or with due regard to the legal rights Of
parties They are forced to continue
causes after they have been prepared by
the parties Tor trial, for the want OF time
TO hear them-thus throwing on one or
the other party heavy bill OF costs,
which might be entirely avoided nuder a
judicial system difIe sently organi zed, u
would not be difficult TO demonstrate. in
reference 20 our Supreme Court, that il
IS the most expensive judicial sy item in
the United States. The amount of costs
that are annually thrown upon litigants
by reason ofthe continuan,-e oftheir eau
ses, Tor the want Of time to try them.
would, IN 'he aggreg te fa- exceed the Il
mount paid in any state in this Union 10
maintain It's entire judicial system. II
Is not only an extensive system aud bu p
densome To the people, but, in its practi.
cal bearings, produces, in most cases, a
DELAY, and, IN many, almost denial OF
the administration OF Justice The sys.
TEN, at the time OF the adoption OF the
Constitution, was adequate to the wants
q the people but our condition as a civil
community, is very different now from
what II was then. At that time there
were but nine counties in the S ate. with
population falling short of sixty thou
sand.- We had but little wealth everv
limited coni;ne rec. and no manufactures
Inc usual sources OF litigation were few
and the business Of our courts conse
quenty limited. Our condition, in al
most every point Of view, is now entirely
changed. We have. at this time. seven
" nine counties in this state; in each of
which the Supreme Court is required un
der the constitution, to hold session
once year; containing population fall
ling but little, il any, short of two mil.
Mons. The trade commerce, and manu-.
iartures, together with the wealth and
business Of the state, have increased in
ratio stIll greater than our population
The truth IS, our condition is entirely
changed, and we have outgrown our iu
dicial system. The public interest there
lore, demands, that il should be so mod /.
lhed as TO meet the wants Of our chan~ed
condItion.-Believing this cannot be
done, without an amendment Of the con>
stiiuiion would respectfully recommen l
the adoption, by IL Geneaal Assembly
OF Inc hrst measure necessary tn the call
OF convention TO amend the constitution
10 the particulars above alluded 10. No
evii can result from this. The only
action which you can take in the matter
Is, to submit the question of convention.
or no convention, to the electors ofshe
State. The question is safe in their hands
ana tney viii no doubt dispose Of it in
tne way bes. calculated 70 secure the
blessings Of good government, and pro
mote the interest OF The public.
NO subject has elected m re discussion
or excited deeper interest in the pub
hc mind, in this State, than the question
OF the eurrencyi tits not strange thai
such has been the case. The vast a
mount OF worthless and deprecated "a
per thrown upon the laboring and bus.
ness classes Of the community by our
own and the banks of sur-oand;no
states was well calculated to excite dis.
cussion am1ng the people, and q critical
examination into the defects and imper-
iections OF tina; system Of banking which
mao entaiied on them So many eviIs.
The result Of this discussion and examination h..
been the unsquIvocal condemnation, bv The propI.
OF or system OF banking. tie insecurity and its
capaoiuy OF being converted into an instrument In
defaud the people. has been demonstrated too clear
" 20 admit 81 this time Of controversy, The diff.
ru' question which we are called upon 10 dir
pose OF H. what system shall we adopt In he plscep
Shall we dispiscs the Old bv a new ard r.fp,.sd
system OF banking and ifso what shall be its de,s.,
On these questions there a. a. nieht o.to,.IIv 4.
stpse'sd great variety Of opinions smone our si,i.
zens. believe. however. that a largo majority OF
ire people are IN favor Of adopting reformed system
80 soo giving q fair trial. II am cor
reei IN THIS opinion u Incomes the duty Of the reprs
senia'ves OF The people legisats on this suhsrf
'n soea way as 10 satisfy The public miad, end Il
possible pat 'his agiiaiing question 70 rest.
have heretofore. on several occsspona given M
views 70 the General Assembly on fbe ssbiect az
Danks ana ioe currency Should tboy bs deemed Of
eny imporiaI'ee' shsy may Be found in my Grmsr
communications 70 the Legislature I do not feel
myself called upon. ~ this ime 70 20 into detail on
ms subject Ieould DO bur liits more Than r.pes,
OPINION. h7rsloloIs lreananllH srnrn...d and =. 1