Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1844-12-12

| De cCntented WIlllSt there Is any tHlng 10 Dt
| hoped for, and in the tendency on these sever
al accounts, to convert this court from an nlt
mate tribunal for the exposition and settlement
of law and its principles, into tribunal mere
ly 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 conspiring to produce it, it is new
ertheless believed that serviceable, if not com
! plete one, may be found in a limitation upon
the right of appeal--such an one as shall con
fine the right to an amount in value fairly grad
uated by the general value of Transactions in
suit. limitation Of this kind has its prece-
dent in our Magistrates jurisdiction, and its
I 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 a well considered report
1 made some years ago to the House of Dele
gates, to constitute out of the Judges of the
! General Court new one, intermediate between
that and the Court of Appeals, which shall
meet annually, or oftener, in the several judi
cial districts of the State, and shall there ex-
ercise final jurisdiction over all cases not ex-
ceeding prescribed amount in value. And
passing by even this plan, it would be possible
| to remodel the existing court by assigning its
equity duties to chancery branch, which shall
sit In Richmond and Le,yisbnrg and have the
right OF deciding finally upon all matters sub
mitted to lis cogniZance.
| Whatever the remedy which it may best
suit the wisdom of the Legislature to adopt,
the necessity for adopting some one is immedi-
ate and urgent. Happily for our Judiciary and
our people, the administration ofjustice amongst
us thus far has been habitually, nobly, and al
ways exempt from even the suspicion of Sc sale
or denial" It's for you now to take care that
its administration shall be as perfectly exempt
hereafter from all the mischiefs and wrongs
of delay.
In Econnexion with this subject generally
it may not be amiss to remind the legislature
that the usual period for the revisa of the
laws has passed, ant, that the laws themselves
both in matter and bulk, have risen to state
which would render their reduction to cou-
sistent and accessible code highly useful and
acceptable service to the public. In relation
! to our criminal law, such is the public expe-
rlence Gifts defeats, and such especially is the
! painful sense of them which is oftentimes pres
| sed upon the mind and heart of an Executive
| by appeals to his mercy, as the only protection
against them, that would now urge upon you
the necessity ola separate and immediate re.
visal ofportions of it, at least, fiji were not
I for the hope that the eminent citizen and ju-
rist to whom it has heretofore been conf ded
by the Legislature, would anticipate any issue
to their labours by the early conclusl on and
communication of his own.
| communicate herewith the Adiutant Gen
erals annual report upon the subject of the
militia and other matters committed to his
charge, and need not bespeak from you, to
whom he is known as an officer of decided
he ob
mendations are EMIT ed and espe cisllv en-
titled this respect is his recommen latons often
and Justly repeated, for the restoration of bri-
! gade inspectors. Whatever amendments you
may think it expedent to introduce into
our militia system, and whatever the system,
/ it will still be impossible to secure any high
! degree of soldierlike and military efficiency
| to thessmlitia itself, except by Withdrawing
! the citizen from his home and labour for a
length OF time, and at an expense OF private
interest which the great body of our people
/ are unable to afford, and which, at moment
ofprotaund peace, are not called for by any
public necessity. For every thing beyond mere
enrolment and organzaton-for all active
efficient service, ready to be performed at
any moment and at any point of public emer-
gency, the main reliance of the State can only
be placed, in the first instance, upon her vol
uDteer corps. This particular branch, there
fore, ofthe militia, deserves to be encourag-
ed; and to that end, it is worthy of considera,
lion, whether it would not be judicious to
dispense with one oil more of the musters which
are now exacteG by law, and demand, in lieu
of them, the contribution by each militiaman
Of small sum Of money, from which fund
shall be raised and be made applicable to the
expenses of the increased training which, in
that case, should be required of the volunteer
companies
Thomas H. Baoley ,one of the Judges of the
General Courts and of the Circuit Superior
Courts of Law and Chacery, having resigned
his place, during the recess of the Legislature,
George P. Scarburg was duly appointed and
commissioned by the Executive to fill the va
cancy thus occasloned,
/ have received from the several Banks
within this Commonwealth, the quarterly state
ment which they are required by law to make
to this Department of their respective condi-
tons, and now communicate them for your
information.
have also receiv ed aud now communicate,
certain resolutions on various subjec, from the
States of Massachusetts,, Mississippi, Kentucky,
Maryland. Rhode Island, Georgia, and Con-
neciicut, and a memorial from the New York
Historical Soclety,requesting copies of Leglsla-
tive documents.
Amongst these resolutions there is one from
each of the States of Massachusetts and Con-
necticut, which may perhaps attract your at,
tention upon the subject of the Annexation
of Texas, m both of which that measure is
denounced as unconstitutional, and il one of
which it is declared, "then that unless arrested
on the tlireshold,'it may tend to drive these
States into dissolution ofthe Union" Here
in these legislative acts, the position is sub
stantiallJ taken, that the alienation of that
country. when it was component part of our
own, to foreign power, was proper and
wise, and SO proper and wise that its re ac-
qurement, even with its consent, would be
unconstitutional and might be overwhelming
to the Union Thus the ground is essentially
that to dismember our territory
is constituallv right, but to recover back the
part is constitutionally and ma
tionally wrong and a curse.
Having submitted to you the several matters
of public interest, which appeared to me, a
mongst the most necessary to be known or