Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1844-12-12

NUMBER remaining on hand in September lS43.
From this statement it is evident that If no
change Is made Tor the more rapid disposal OF its
business by that court, its docket can never DO
cleared, but must go on increasing at a regular
and alarming rate. II is evident, also, this rate
OF decision continuing, that no new case can
reach to adjudication under less than six or ma.
ven years delay. In either point Of view, much
more IN both, this accumulation and delay of bu-
sness In that court is evil wholly inconsistent
with the due administration of justice, and call.
ing loudly for redress.
Inc causes Of such condition Of business in
'nis court, (and they distinct from any want
OF 'a,r degree of competency in its members,)
are undoubtedly various, and may be found, per-
haps, IN the structure and administration of IN.
inferior coufts-in the variableness and perplexi.
lies OF our iaws--in the absence Of any Limitation
ei'her OF amount or subjects required for appeal
IN the habits Of the bar--in the spirit Of litiga
ton, which will not be contenied whilst there 4.
any thing to be hoped for, and in the tendency ON
'"ese several accounts, to convert this court from
ah u.una,e tribunal for the exposition and settle
hent oil law and its principles, into a tribunal
merely Tor the final hearing and trial of particu.
lar cases. Whilst, therefore,, perfect remedy
Tor 1t must have relation to these and to anv o.
'her causes conspiring to produce it, it is never
tneess believed that serviceable, if not COM
P'e'e one, may be found in Limitation upon tho
right OF appeal-such an one as shall confne the
the general value of transactions i'm suit. Ii.
IMITATION OF tins kind has its precedent in our ma
gistrates Jurisdiction, and its advantages are dai.
~ 'eit In me supreme court of the United States.
besides this, 1t would be possible, will DO
seen by reference TO well considered report made
some years ago TO the House Of Delegates, to
constitute out OF the judges of the General Court
new one, intermediate between that and the
Couft OF Appeals, which shall meet annually or
oi'eher' In the several judicial districts Of the
s.a'e' anu shall there exercise final jurisdiction
o'ei al cases not exceeding prescribed amount
~ ta'ue' And passing by even this plan, it
would be possible to remodel the existing court
oy assigning its equity duties to a chancerv
o'a"ch' winch shall sit in Richmond and Lewis.
ourg and have the right Of deciding finally upon
all matters submitted to its cognzance.
Whatever the remedy which it may best suit
lhe wisdom OF The Legislature 10 adopt, the me-
cessity Tor adopting some one is immediate and
urgent Happily for our judiciary and our peo-
P'e' ,ne administration of justice amongst thus
lar mas been hahitually, nobly. and always ex-
Gh,p' from even the suspicion of "sae or denial"
~ Is ior you now TO take care that its admnstra-
uon snail be as perfectly exempt hereafter from
All the mischiefs and wrongs If delay.
In connexion with this subject generally, il
may not be amiss to remind the Legislature that
me usual period for the reysal Of the laws has
passed, and that the laws themselves, both in
matter and bulk, have risen to "A state which
would render their reduction TO consistent and
accessible code highly useful and acceptable
service 10 the public. In relation 10 Our criminal
law, such is the public experience of its defects,
ana such especially is the painful sense Of them
wh'ch is oitentlmes pressed upon the mind and
neafl OF an executive by appeals TO his mercy, as
inc only protection against them, that would
now urge upon you the necessity of separate
ana immediate revisal of portions of it, at least,
ii IL were not for the hope that the eminent citi-
zen and jurist to whom it has heretofore been
conhded by the Legislature, would anticipate any
issue to their labors by the early conclusion and
communication of his own.
lcommunlcaie herewith the Adjutant Generals
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 o'fcer OF decided merit, the respect TO which
MS various recommendations are entitled-and
especially entitled to this respect is hie raoom-
hiehdations, often and justly repeated for the
tofaiion oil brigade inspectors. Whatever amend
inents you may think it expedent TO introduce
into our militia system, and whatever the system,
IL VIII still be Impossible 10 secure any high de-
gree OF soidier-ke and military efficiency to the
militia itself, except by Withdrawing The citizen
from his home and labors for a length Of time,
ana al an expense of private interest which the
great body OF our people unable to afford, and
which, at a moment of profound peace are not
called for by any public necessity. For every
thing beyond mere enrolment and organization
ior all active and efficient service, ready to be per.
formed at any moment and at any point of public
emergency, the main reliance Of the state can
only be placed, in the first instance upon her vo-
lnnteer corps. This particular branch, therefore,
OF The militia, deserves to be encouraged; and to
that end it Is worthy of consideration whether il
would not be judicious to dispense with one or
more oil the musers which now exac,ed by
law, and demand, in lieu Of them, the contribu-
lion by each miliiaman OF small sum of money!
from which a fund shall he nd he H.
applicable TO the expenses of the increased train
Ing which, in that case, should be required of the
volunteer companies.
Thomas Fl. Bayly, one of the Judges of the
General Court and of the Circuit Superior Courts
OF Law and Chancery, having resigned his place
during the recess Of the Legislature, George p.
Scdrburg was duly appointed and commissioned
by The executive to fill the vacancy thus occa-
stoned.
have received from the several banks within
this commonwealth the quarterly statements which
they are required by law to make to this depart
ment, Of their respective conditions, and now
communicate them for your information.
have also received, and now communicate,
certain resolutions upon various subjects, from
the States of Massachusetts, Mississippi, Ken
lucky, Maryland, Rhode Island, Georgia and
Connecticut, and memorial from the New York
historical Society, requesting copies Of legisla-
tive documents.
Amongst these resolutions there is one from
each Of the States Of Massachusetts and Connect
icuI, which perhaps may attract your attention,
upon the subject of the annexation Of Texas, in
both Of which that measure is denounced as uncon-
stiu,iona, and in of which is declared ''that
unless arrested on the threshold, it may tend to
drive these States into dissolution Of the union."
Here, them in these legislative acts, the position s
substantially taken, that the alienation of that coun-
try when 1t was component part of our own, to
a foreign power, was proper and wise, and so pro-
per and wise that its re-acqurement, even with
Its own consent, would be unconstitutional, and
h1 fr.lr.. 1narrI 10 Ihn IIxaIax