Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1846-12-17

may adopt some plan BY which The delays
our highest Court may no longer b. an Iuie
cradle grievance 10 our fellow citizens.
Another reform in tins Court Is Of great la
portance to suitors. The Couri frequently con
sisis OF four Judges only, and il they divide
the appellant is defeated. The law Of the cas-
is Seliled. but not its principle. l'racuealiy
aud IN effect, be has MOI had the bench, OF n
appeal, and he loses bis cause, aud IT may .
his whole fortune, because the Court helow
from the errors ofwhieh be th,a9ht he had ap
peaied, bad adjuaged against lini. Themes
cause which is tried may involve the Sam
principle, vel. being tried before q full Court
may Be decided otherwise. Again; three Jud
yes eoretitutr a Court; they may. and freT
quenily DO, differ in.opinion. Here. too, M
law of The case only is settled, but The case ID
self not regarded as authority. In a divided
Court, consisting OF three Judges 1--WE OF then
have not only the power Of dismissing the ap
peal, but OF sustaining il, finally and ~iofeyes
Here too the grosseSt injustice may have been
perpetralcd. The first great duty Ut the Cour
is 10 satisfy a defeated sifitor thar he has had l.
full, fair and impartial hearing. In the casr
stated. and such not unffequenlly occur, areal
injustice may have been done, and the suited
has, no doubt. left the Court under a profound
sense OF injury and wrong.
in the Interior Courts, decisions ~ tlieilI
equal division, and the accidental position a
III = suitur, may be horne with, becausc ef tIlr
convenience OF such d practice and offhe pow t.
or d appeal; but in The Corr Of last nrscli I
these legal rules are intolerabic, and will, II
trust, be reformed. All that you have 10 60.
gentlemen, TO correct this great evil, is 10 pro.
vide by law, that no cause shall be finally adj /
Judged, unless a majority Of the Judges OF thel
Court concur therein. itmay be objected lad
this requirement may tpfifd the despatch al
business. This may be true but tie rialts1
and the satisfaction OF the suitof. s.o1hl NOT BEL
sacrificed to the mere convenience Of t,c Cont |
have reason 10 believe that the Circuit Sd
perlor Courts of Law and Chancery would be-
more acceptable TO the people, if the Julcfsl
thereof. were required 10 hold the Courts al
the different Circuits in some prescribed rata
ton. Judges are mon, with many of their
passions and infrmities. Few pass through
lie without enmlticS; few without friendships
and lever still can rise superior to The infii
ence OF these relations. II is so natural 10 IA
vof our friends and 70 Ininre one towards HON
we fcri antipathy, that a Judge may. uncon
%scioaslg 70 'linselF. allow his feelings 10 warn
his Jadem@nt and intiict thereby n great. ani
. may be, a fatal INJURY. Nor is this all. ri
llng ms circuit Tor years, he is apt TO share the
feelings OF his friends and feel the excitement
Of every leud therein. Ii is Difficult, for any
one, however eminent, under such circum,
stances, TO hold the scales Of Justice IN fair and
equal poise, and il IS more difficult 10 satisfy
his sultors that he has done 50. 10 do it,stice
IS the iirsi duty The second is Ia satisfy those
interested that Justice has been done 10 ineas.
lhis can rarely be attained By a Judge who
has grown up among those over whom he pre-
sides, sharing with them, as he necessarily
must, those various affections which pervade
all communities. Justice should not only BE-
pure, but unsupported.
believing that the rotary system relieves The
administration OF Justice of those unseen IN
iuences, which operate al tunes upon IL, ! ear.
mostly recommend II 10 your favorable conS,lef
alton.
The system would be productive OF creatal
vantage and convenience ia suits in which the
Judge was concerned before his election in
which he Is a suitor, in which he is related ~
either party, and in which the suitor is his
open enemy. Such suits are usually scnt 10
another jurisdiction, TO the great ANNOYANCE
and heavy expense of the parties therein. Dut
the necessity Of a change oil venue would notex
lst under the rotary system.
II has been urged against tbs system tila;
The Judge is compelled Al times, ia Cliaacerv
causes, 10 take the record home with him for
examination and il is asked, how can his de-
cree be entered, when hemay not return 10 he
Court Tor years. This difficulty NAV Be al.
waited, by providing by law that The decree IN
Inc case supposed may be entered by his sue
cfssor, TO whom u may be sent with the record
from the General Count, or in such Other man
ner as may be provided by law.
When | came into office, found Ilrxr,s
llnL of Nansemond. under sentence OF dea,L
for the homicide Of RonERr Il. SMiru. H..
was under repfieye by my predecessor. bnt for
having no relation 10 his gull or inpo-
also reprcyed him for one month for
Ike reasons. Subsequently ! was urged n,
examine The record and evidence in his case
| dd not feel at liberty 10 decline so DOING. but
Il with great reluctance. in conSe.
quence OF strong impression that il was a
case oil cruel and deliberate murder. My ex-
ANIMATION OF the case, however. resulted In ~
very different conclusion. became fullv sal
Isiled hat the criminal was not gully OF mur.
der ~ the first degree, and that Il was nv M.
y 10 arrest his execution. But, bclieyinabin,.
guilty oil a h gh offence. that deserved pnnish-
! did not feel satisfied 10 harden M,
ana !, therefore, reprlcyed him until the sixin'
lay oil February next, that the Legislature
II they thought proper, enable the Ey-
,cutiNe 70 commute the sentence Of death h.
confinement IN the Fenitcntiary. In This ease
have The power 10 discharge the prisoner
rom confinement. and TO free him from All
punishment whatever; and vel. for wan,nf
he right TO use the peniteniiary, / am unable.
Q commute has sentence to a term Of yca,s
herein; Without legislation, | must diseharge
man rom all punishment whatever, who Is
io' gully OF The crime of which he stands
according TO the evidence be4ore
ne, but who is guilty Of . high crime. for
yheh he deserves an ought to receive severe
punishment. Oughtlhis state Of lhinqs 10 OK.
stf VIM not the Legislature provide for IN
o 1.-THE description ! now propose have
ong prevailed in the State OF New lork. ami
presume exist in other Sts,es Of the Union.
II IS known 10 you, gentleman. that A person
iolding a bond, single bill. note OF hand. 81
ther evidence Of debt, can sue thereon. and
old me oblisor 10 bail, Us OF right. ltmay BE-.
hat not a dollar is due-dai the apparent deb'
y IS on the highway in search OH Western
ONE. y matters not that ruin NAV be Tho
consequence Of his detention. 1t is uomina,ad
! The bond, and he must remain in prison
lscharge the unjust demand, or give lie bail
'quirec. Is thas state Of the law in harmony
nth the pnttohtapad cp;-s. ia f