Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1844-12-19

ssracts which have been made from the
reports of the clerks ofthe Court of APP
peals, by the clerk Of the House Of Dele
gates, and annually submitted by him to
the Legislature, il appears that from Is
81 to September lS43, seven hundred and
ninety-eight suits were Instituted in the
Court Of Appeals, and six hundred and
fifty seven decided: thus showing an ag-
gregate OF suits instituted over those de-
cided of one hundred and forty one, or
an increase at the rate Of twenty annual
ly. Let this hundred and forty.onc be
added 10 the four hundred and forty sew
en-, which stood undecided upon the dock.
Ell 10 1887, and the Eve hundred and
lightweight which they make, show the
number remaining on hand in September
1913.
From this statement il is evident that
if no change is made for the more rapid
disposal of its business by the court Of ap.
peals, its docket can never be cleared,
but must go on increasing al a regular
and alarming rate o. accumulation. Ii is
evident also, this rate of decision conti8-
uing that no new cass could reach to ad
INDICATION undtr less than a six or seven
years d lay. 10 either point Of view,
much more IN both, this accumulation
and delay Of business in that court is an
evil wholly inconsistent with the due ad-
minlstration Of justice, and calling loudly
for redress.
The causes of such condition of bust
ness 10 this court, land they are distinct
from any want Of fair degree Of com
potency IN its members are undoubtedly
various, and may be fund, perhaps, IN
the structure and administration Of the
inferior courts--in the variableness and
the perplexites OF our laws-in the a5-
sence Of any limitation on the amounts
or subjects required for appeal--n the
habits Of The BARN the spirit Of litigation
which will not be coniented whilst there
is any thing TO be hoped for, and in the
tendency on these several accounts; to
convert this court from an ultimate tribu-
nal for the exposition and settlement of
law ard its principles, into a tribunal
merely for the final hearing and trial Of
particular cases. Whilst, therefore, a
perfect remedy for it must have relation
to these and to any other causes consplr.
ing to produce it, it is nevertheless believ-
ed that serviceabe, If not complete one,
may be found in a limitation upon the
rgh! of appeal-such ar one as shall con
fine the right to an amount in value fairly
graduated by the general value of trans
acto, in SUIT. A limitation Of this kind
has its precedcn, in our ma ee;:strates' jjurs
dc.ion, and its advantages are daily felt
IN The Supreme Court OF the United States.
Besides this, it would be possible, as
will be seen by.reference to well consd
cred report made some years ago to the
House Of Delegates, TO constitute out Of
the judges of the general court a new one,
intermediate between that and the court
of appeals, which shall meet annually, or
oltener, in the several judicial districts of
the State, aud shall there exercise final
jurisdiction over all cases not exceeding
a prescribed amount in value. And pass
ing by even this plan, it would be possl-
BILE to remodel the existing court By as
signing its equity duties to chancery
branch, which shall sit in Richmond ond
Lewisburg, and have the right of deciding
finally upon all matters submitted to its
cognIzance.
Whatever the remedy which it may
best suit the wisdom OF the Legislature to
adopt, the necessity for adopting some
one is immediate AID urgent. Happily
for our judiciary and our people, the ad
minis.rution of Justice amongst US thus far
has been hablualy, nobly. and always
exemp, from even tue suspicion of "sale or
denial" Ii is for you now to take care
that its administration shall be as perfect
ly exempt hereafter from all the mschiels
and wrongs Of delay.
In connexion with this subject general.
y, it may not oe amiss to remind the
Legislature tina: the usual period Of the re.
vlsal Of the laws has passed, and that the
avs themselves, both in matter and bulk,
have risen TO state which would render
their reduction to a cons stent and Access
sible code highly useful and acceptable
service TO the public. In relation to our
criminal law, such is the public expedi-
ence Of lis defects, and such especially is
the painful sense of them which is often.
times pressed upon the mind and heart Of
an executive, by appeals to his mercy, as
The only protection aga INST them, and
would now urge upon you the necessity
OF a separate and immediate revisal OF
portions Of it, at least, if it were not for
The hope that the eminent citizen and
jurist TO whom It has heretofore been
confded by the Legislature, would antici-
pate any issue to thor labours by the ear.
ly conclusion and communication of his
own.
communicate herewith tne adjutant
generals annual report upon the subject
of lbe militia and other matters commit
ted 20 his charge, and need not bespeak
from you, 10 whom he is known as an Of.
6cer OF decided merit, the respect to
which his various Recommendations are
entitIed-and especially entitled to this
respect IS his recommendation, often and
justly repeated, for the restoration of bri.
gade inspectors. Whatever amendments
you may think il expedIent to introduce
into our militia system, and whatever the
system, it will still be impossible to secure
any high degree of solderike and militia
ry efficiency to the militia itself, except