Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-12-03


ah;l;rv-,yherc HE relations of lender and hor-
rover are maintained and acted upon by bo'h
nartirs-lhe afvances Of the State, AMI upon CAL
cu.arions both fiscal and economical, are advisa-
HE and legitimate. But when this limit is passed,
and advances are made, without ability or expec-
lalion of ability TO pay back, the company be-
comes from that point and that moment not the
borrower but The agent o. The Stale, ior Inc eSpen-
dilure and administration OF IFS lundS; ana Whch
this relation arises, the advances, In my ludS-
ment. would cease 10 be advisable. Whenever
the money with which this work is TO he conduct
cd comes TO be furnished exclu ively by the
State. there is no sound reason why il should be
given up TO the management; OF an agency, such
as that Of tins company, where the authority
of the Stale is the least, and where her partners,
bound by no direct responsibility 10 her, are al
The same time bound 10 no particular prudence in
their acts, by sharing in The money which they
manage.
This company composed in part OF corpora
tons who practically hold and exercise plu-
raily rover in The management OF It's concerns,
is not only most peculiar in its organization, but
is waning in some OF The Indispensable reqni-
sites which would qualify il 10 act as agent for
the Stale. were an agent desired in the control
and management of its funds 1t wants the
adaptedness and the responsibility which such
purpose eminenlly needs IL Is not, however, in
This supposatle character OF agent but in that Of
borrower, that | have regarded and recommended
j, 10 Your assistance.
Tie admitted importance of providing by law
for a we'll supported, well regulated and adapted
system of common education, will justify, il is
hopcd nv recurrence for the third time 10 that
subject. | should rcjuice 10 he spared The ncces-
sity OF this duty, bu, neither nor any other Ex-
ecuiive ever can be, as long as the legislative and
statistical history OF this subject remains as ii is;
a. lors as our provision for it is 50 painfully in
adequate to our wants, and 81 painfully contrast
ell, too with the manner in which generation al
Ter generation Tor more than fifty years, our pub
lie actors have made il the official and popular
theme for eulogy and patriotic aspiration IL is
humiliating, after this, 10 look upon lis history
now, and 10 sec that, whilst laws have been accu-
nulaled upon laws 10 advance IL, so liulc compa-
rativcly ha, been actually donc-so lille, indeed.
that NOT onl, is there one in every twelve OF our
, grown up and governing population who can
! neither readnor write, bu al this very moment
there are glowing up in The mids: OF lis thiiy
thousand ''i,dgcn, children" 10 whom, for the
pas, year, nj solitary hour OF instruction
! has been alohled al any school in the State. At
! this day, when the human mind is, perhaps, more
thoroughly ;nd profoundly reused than il has
! ever been bejore-when il is every where rcdUc-
ing, hv nvin:ihlc power. the transactions of Co
/ merrments and men Ia The standard of lis own
enlightened ind intrepid judgment, and is making
! knowledge like bread, a necessary Of life; al
| his dav. aEde>pecaiy IN our country, where the
| will Of all is The government Of al. such a fact
as this i, d>!onorn@ md reproachiul, il, indeed,
| il he rot appalling: cal apon vol, Therefore, who
have the wh0l, control Of this matter in your own
hands, So 10 .gi- aie upon II that his fact shall
! continue no bncer--lhat Ike evil Of il and the
I ~ cf cl,~ frtf y,d b..
| possible torrrer. II is the shame Of Great B..
| tain that in ne mis; Of her power and oil that
civilization wnirh she Is extending. lar and wide,
! 10 manklnd 3 fifteenth pat Of her entIe number
* pauper population. Il would be deeper
: shame for us. whose freedom is % much greater
than hers and whose pros icri!y drives paupcr-
! ism away. that IN almost equal proportion OF our
own number should II iopnd, 10 whom the very
alphate. of their lnother tongue had never been
! taught.
! Bm hi, we shall suffer bitterly and long, if
! nothing energetic is done 10 arrest H. Let lie
subject, then, he taken in Your counsels rs one of
the worhicst alnonss: ali the WORTHY that could
engage them, oni DC it your honor 10 unite n a
/ generous cli0T with each other 10 buili up sys
! tenn OF common schools which shall secure the
/ rudimcnts cleaning To every child in the State,
and thus associate the intelligence and sovereign
" u, lnc Slate :.scl i: carly and perpetual uaicn
VIII each DINER Having submitted he general
basis Of plan upon his subject to the las! Lee
sisla,urc, which ! have seen 40 reason 10 disap-
/ PROVE OF, respectfully submit il anew for your
! delibt:ati, rs.
In reporting upon The general condition Of the
public interests, as j, is my Guiy 10 do, should
he greatly neelec,iul if did not direc, your al
tenion particularly 10 the state OF business in the
Court Of Appeals II is sJcii, | regret 10 say, and
has been Tor some years, as 10 require that carly
and eiec,ual measures be taken ly your body 10
protect Tie public from the recurrence of any ST.
/ rniiar stale for Ill future u, '~"'.,"e :" ill.,
ajss;tfac's Which have lc"n made from the reports
OF the clerks of the Court OF Appeals, ~ the
clelk Of the House Of Delega.ee, and annually
submitted b; him 10 The Legislature, it appears,
that from 1897 10 September, 1913 seven hundred
and ninc',.cishi sUs were Instituted in the Court
Of Appeals and six hundred and fly-seven ccci-
dc5--ihu> showing all aggregate OF suits instu-
led over laosc decided Of one hundred and fof;y-
one. or al increase al The rate Of twenty annual
H. Lcits one hundred and forty-one be added TO
the four hundred and iorty-scren, which stood
undecided upon the docket in lo37 and the five
hundred and eighty eight which they make. will
showthe number remaining on hand in September
1913
From this statement it is evident, that if
10 change is made for the more rapid dispo-
sal of It's business by that Court, It's docket
can never be cleared but must 90 on in
creasing AT a regular and alarming rate. II is
evident also This rate OF decision continuing lha,
no new case can reach 10 adjudication under
less that six or seven years delay. In either
point Of view, much more in both, this accumula-
ton and delay of business in that court is anevil
wholly Inconsistent with the due administrator
Of Justice, and calling loudly for redress
The causes OF such condition Of business in
81. {nr IL
OF fair degree OF competency in lis mcmbers)
are undoubtedly various. and may be found. per-
haps, in the structure and administration Of the
inferior courtS-in the varlahcncss and The per-
p!cxi;s Of our law&-in the absence Of any Ii
miia, on ei,hcr of amount or snh,Cct required for
appeal--in the habits al the BARN the spirit If
litigation which will not he con;cnted whilst there
is any thing TO be hoped for, and in the tendency
on these several accounts, 10 convert this court
from an ultimate tribunal for The exposi ion and
settlement of law and lis 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 conspirnc 10
produce it, il is nevertheless believed that a ser
viceable, if not complete one, may be found in
limitation upon the right OF appea!-such an one
as shall coninc the right 10 an amount in value
fairly graduated BY the general value of ,ransac-
items in suit, 4 limitation Of l,s kind has its
precedent in our Magistrates juisdicion and its
advantages are daily felt in tie Supreme Court of
the United States
Besides this, it would he possible, as will he
seen hy reference 10 well considered report made
some ycal> ago 10 The House Of Delegates, 10
constitute on. of the Judges of the General Court
a new one. Intermediate between that and the
Court of Appeals, which shall meet annually, or
ocner, in the several judicial districts OF The State.
and shall there exercise final jurisdiction over
all cases not exceeding prescribed amount in
valie. And passing b. even this plan, ii would
ne possible to remodel The existing couH BY as
signing It's equity duties TO 2 chanccry branch,
which shall Ill in Richmond ard Lewisbnrs, and
have The right OF deciding finally upon all matters
submitted 10 its cognizance.
Whatever the reredy which i! may best sui,
tie wisdom Of the Legislature 10 adopt the ne.
cessity .or adopting some one is immediate and