Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-12-08

/ upon Inc mem DeTS OIL tnlS COuit, Jul ~
are great, are increasing, and must De aith
| This important result may be attained oy Iequii-
ing The Court 10 sill as long there is business 70
TRANSACT; or by adding another Judge 10 The Cour',
and dividing il, giving TO one halt OF ii exclusive
jurisdiction over the chancery, and to the otnei
! haflhe like jurisdiction over The common law aP'
peals And as The common law is greatly less 'han
! the chancery business of the Court, propose "
eqnalize The labors ofthe two Courts, by requiring
that Court which has charge oil the common Id w
docke, in Eastern Virginia TO hold exclusively inc
Western Courts OF Appeals. / throw out these
has,y suggestions, with hope that your wisdom
may adopt some plan by which the delays OF our
highest Cont may no longer be an lnloleIaofe
grievance 10 our fellow-citizens.
Another reform in this Court is OF great I'M
porlancs 10 suilors. The Court frequently con-
sisls OF four Judges only, and if they divide, Inc
appellant is defeated. The law oil The case IS
sellled, but not its principle. Practically, ana ~
effect, he has mol had the benefit oil his appeal
fortune, because the Court below, from Inc errors
Of which he though, he had appealed, had ad-
Judged against him. The next cause which is
tried may involve the same principle; YET, be-
| ing tried before a full Court, may be decl-
ded otherwise. Again; three Judges consll-
lute Court; they may, and frequently do,
differ in opinion Here, too, The law OF The
case only is settled, but the case itself is mol
regarded as authority. In divided court, con-
| sisling Of three Judges, Two OF them have mol
| only The power Of dsmissing the appeal, but oil
sustaining il, finally and forever. Here TOO the
grossest injustice may have been perpeirated.-
| The first great duty of the court is 10 satisfy
defeated suilor that he has had full fair and I'M
| partial hearing. In the cases stated, and such
not unrequently occur, great injustice may have
been done, and The sutor has. no doubt, left the
md nnnH ut lnlnF
wrong.
In The Inferior Courts, decisions by their equal
division, and the accidental position Of the suor,
| may be borne with, because Of the convenience
| of such practice and oil the power of appeal;
but in The court oil last resort these legal rules are
inlolerable, and will. / trust, be reformed. All
that You have 10 do, gentlemen, To correct This
| great evil is 10 provide by law, that no cause
shall be finally adIudged unless ajory OF the
Judges Of the Court concur therein. II may be
| objected that this requirement may reiard The des-
patch of business. This may be true; but the
| rights and the satisfaction of The sutton, should
not be sacrificed 10 the mere convenience OF The
| courI.
! Ihave reason TO believe that the Circuit Superior
| Courts ofLaw and Chancery would be more accep-
table 10 the people, if The Judges thereof, were re-
quired 10 hold the Courts ofthe different Circuits in
some prescribed rotation. Judges are men, with
1 HuuJ VI tHCi Poooiuio anu ECN
pass through life without cnmilies; few without
friendship. and fewer still can rise superior TO
the influence Of these relations. II is so natural
to favor our friends and 10 injure one towards
| whom we feel an'ipathY, that Judge may, I'M
consciously 10 himself, allow his feelings 10
warp his Judgment and infct thereby great, and
il NAV BIZ a tata injury. Nor is this all Riding
his circuit for years, he is apt 10 share the feel
ngs oil his friends and ieel The excitement Of every
teud therein. II is Difficult, Tor any one, however
| eminent. under such circumstances, 10 hold the
scales OF justice in fair and equal poise and il is
| more diihcnlt 10 satisfy his suitors that he has
done So. To do justice is the first duty; The Sc
| cond is 10 satisfy those interested that justice
| has been done 10 them. This can rarely be al
laIned by Judge who has grown up among those
over whom he presides, sharing with them, as he
necessarily must, those various affections which
| pervade all communities. Justice should not
only be pure, bu, unsupported.
| Believing that The rotary system relieves the
| Administration of ju,tice OF those unseen in
fuences, which operate al times upon it, | ear
nestly recommend il TO your favorable considera-
| ton.
| The system would be productive of great adj
vantage and convenience in suits in which the
Judge was concerned before his election, in which
he is suitor, in which be is related TO either
party, and in which the sui.or is his open enemy
SUCH suits are usually sent 10 another jurisdiction
10 the great ANNOYANCE and heavy expense OF The
parties therein. But the necessity OF change of
venue would mol exist under the rotary system.
IL has been urged against this system, that the
Judge isconircllct al liine> in ChanccIy causes,
10 lake The rerord horc With him for examination;
and II is asked, how can his decree be entered.
when he may not return 10 The CGur; Tor years2
This difficulty may he obuiated, by providing by
law that The decree in The case supposed may be
enieiei by his successor, to whom il may he sent
WIN Inc record from the General Couri, or in
such other manner as ,noy b. provided by law.
When came into uihce, iopnJ Hunef Hill
al Nanstmorf, under sentence q: ceaih Tor The
homicide or Robert X. Smith He was under
| reprieve by my predecessor. hui for reasons nav
ing NO relation 10 his guilt or innocence. | also
reprieved him tor one month for like reasons.
Subsequently Twas urged 10 examine the record
and evidence in his case. did not feel at liberty
10 decline so DOING hut undertook j, with great
reluctance in consequence OF strong impression
that il was case OF cruel and deliberate muir
der My examination of the case, however, re-
suited in a very different conclusion. became
fully satisfied that The criminal was moi guilty Of
murder in The first degree, and that it was my
duty TO arrest his execution. But, believing him
guilty of high offence, that deserved punish
menl, did NOT feel satisfied 10 pardon him, and
|. therefore, reprieved him until The sixth day Of
February nexl, that the Legislature might, if
they thought proper, enable The Executive 10 COM
mute the sentence of death TO confinement in
The Penitenliary. In this case have The
power 10 discharge the prisoner from confnc-
ment, and 10 free him from all punishment what
ever; and yet, for want Of the right 10 use the Pc
nteniiary, am unable 10 commute his sentence
10 term of wears therein. Without legislation,
| must discharge man from all punishment
whatever, who is not guilty OF the crime OF which
he stands convicted according TO the evidence be-
fore me, but who is guilty of high crime, for
which be deserves and ought 10 receive severe
punishment Ought Ibis stale OF things 10 EXIST
will not The Legislature provide for i'll Laws
OF the description l now propose have long pre-
vailed in The Stale Of New York, and presume
ex isl in other States OF The Union.
II is known TO you, gentlemen, that rerson
holding bond, single bill note Of hand, or other
evidence Of debt, can sue thereon, and hold the
obieor to bail, as OF right. II may be, that not
! dollar is'due-lhat The apparent debtor is on the
| highway in search OF a Western home. Ii mat
lers moi iha, ruin may be The consequence OF his
detention. II is nominated in The bond, and
| he must remain in prison, discharge The unjust
demand or give the bail required. Is this slate OF
The law in harmony with the enlightened spirit OF
The age2 I think not and, therefore, earnestly
recommend that law be enacted, providing that
hail shall not be demaniabe in such cases, except
| upon the oath of the creditor, or some person for
him, as TO the bona de due, and that The ohli-
COR is about TO depart this Common wealth, so that
process OF execution cannot be served upon him.
The quarterly reports OF our Banks are here
with communicated have mol been able to give
to lhese institutions that examination their im-
porance requires. Although their general condi-
ton is sound and healthy, and their administra-
ton is in charge Of officers OF high character and
intelligence, l feel it 10 be my duty 10 call your ala
,entien 10 those located in this city. One OF The
great objects in the creation of Banks, j, 10 provide
mixed currency of paper and specie, equal in
value, and convertible a, pleasure. On no other
terms could any Bank have been chartered BY
your predecessors. Yet, in this city, in which
three OF them are located, their practice defeats
this important policy. 1t is true they pay specie
for their own issues, respectively but The obliga.
ton 10 do SO does not extend 10 branches of The
same institution, located elsewhere. BY paying
out therefore, in This city, The notes of distant