Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1846-12-17

the courtof last resort these legal rules intOeI
able, and will, trust, be reformed. All that yo
have 10 do, gentlemen, to correct this great evil
to provide by law, that cause shall be finally nd
judged. unless majority of the Judges of tn
Court concur therein. 1t may be objected that thi
requirement may retard the despatch of business
This may be true but the rights and the satsfac
ton OF the sutor, should not be sacrificed TO tn
mere convenience of the court.
have reason TO believe that the Circuit Super
or Courts of Law and Chancery would be more nc
ccptable to the people, if the Judges thereof wer
required 10 hold the Courts of the different Circuit,
IN some prescribed rotation. Judges are men, witt
many OF their passions and infirmites. Few pas
through life without enmities few without friend
ships and fewer still rise superior to the nflu
ence of these relations. 1t is SO natural to favo
our friends and to iniure one towards whom we fee
antipathy. that Judge may, unconsciousIy TO him,
self, allow his feelings to warp his judgment and in
fict thereby great, and it may DC fatal injury
Nor is this all. Riding his circuit for years, he ii
apt TO share the feelings Of his friends and feel tn,
excitement OF every feud therein 1t is difficult
for any one, however eminent, under such circum
Stances to hold the scales of justice in fair and cqua
posc. and it is difficult satisfy his suitors
that he has done To do justice is the first duty
the second is satisfy those interested that justice
has been done to Them This can rarely be attain.
cd by Judge who has grown up among those owe,
whom he presides, sharing with them, he ne
cessarily must, those varons affections which per-
wade all communities. Justice should not only be
pure, but unsupported.
The system would be productive of great advan-
tage and convenience in suits in which the Judge
was concerned before his election in which he is a
sutor in which he is slated to either party, and in
which the sutton is his open enemy. Such suits
are usually sent to another jurisdiction to the great
annoyance and heavy expense of the parties there
in. But the necessity of change of venue would
not exist under the rotary system.
II has been urged against this system, that the
Judge is compelled at times, in Chancery causes,
to take the record home with him for examination
and it is asked, how can his decree be entered,
when he may not return to the Court for years
This difficulty may be obviated, by providing by
law that the decree in the supposed may be en-
tered by his successor, to whom it may be sent
with the record from the General Court, or in such
other manner as may be provided by law.
Believing that the rotary system relieves the Ad-
minstration OF justice of those unseen influences
which operate at times upon it, earnestly recon-
mend it TO yonr favorable consideration.
When came into office, | found Hunter Hill of
Nansemond, under sentence of death for the homi-
eide of Robert r. Smith. He was under reprieve
by my predecessor but for reasons having no rela-
ton 10 his guilt or innocence | also reprieved him
for one month for like reasons. Subsequently was
urged to examine the record and evidence in his
case. did not feel at liberty to decline so doing,
but undertook i. with great reluctance, in conse-
quence of strong impression that it was a case of
cruel and deliberate murder. My examination of
the case, however resulted in very different con-
clusion. became fully satisfied that the criminal
was not guilty of murder in the first degree, and
mat II was my duty to arrest his execution But,
believing him guilty of high offence that desery-
ed punishment, did not feel satisfied to pardon
him, and l. therefore, rcpreved him until the sixth
day OF February next, that the Legislature might,
IT they thought proper, enable the Executive to
commute the sentence of death to confinement in
the Penientiary. In this case have the power to
discharge the prisoner from confinement, and to
free him from all punishment whatever; and vet,
for want Of the right to use the penitentary i am
unable to commute his sentence to a term of years
therein. Without legislation, must discharge a
man from all punishment whatever. who is not
guilty of the crime Of which he stands convicted
according to the evidence before me. but who is
guilty of high crime, for which he deserves and
ought to receive severe punishment Ought this
state of things To exist? VIII not the Legislature
provide for it? Laws of the description now pro-
pose have long prevailed in the State of New
York, and presume exist in other States of the
Union.
II is known to you, gentlemen. that a person
holding bond. single bill, note of hand, OF other
evidence Of debt, can thereon, and hold the OBJ
Igor to bail, as of right. 1t may be- that not a
dollar is due--that the apparent debtor is on the
highway in search of Western home 1t matters
not that ruin may be the consequence of his deten-
ton. 1t is nominated in the bond land he must re-
main in prison, discharge the unjust demand, or
give the bail required Is this state of the law in
harmony with the enlightened spirit of the AGE ?
think not and, therefore, | earnestly recommend
that law be enacted, providing that bail shall not
be demandable In such cases, except upon the oath
OF the creditor, or some person for him. as To the
sum bona de due, and that the obligor is about to
depart this Commonwealth. so that process of exc
cution cannot be served upon him.
The quarterly reports of our Banks are herewith
communicated. L have not been able to give {,
these institutions that examination their importance
requires. Although their general condition is sounc
and healthy, and their administration is i'm charge
OF officers of high character aud ntllicence fee
1t to be my duty to call your attention to those To-
Gated IN this city One of the great objects in tho
creation OF Banks, is to provide mixed currenc,
of paper and specie, equal in value and converti
BILE at pleasure. On no other terms could any Banl
have been chartered by your predecessors. Yet, If
this city, In which three of them are located, tbe
practice defeats this important policy 1t is tru,
they pay specie for their own issues. respectively
but the obligation TO do so does not extend I,
branches OF the same institution, located elsewhere
By paying out, therefore, in this city. the notes
distant branches, as is their daily practice the,
supply this community with an irrcdeemable, and
therefore, deprecated curteucy-deprive specie o
its legitimate character, aud make it an article 0
mcrchandlse-compe our manufactures to pur
chase IL Tor the adjustment of their weekly baan
ceS with their operatives, or to use the pestieu
small note circulation of other States. This polio
OF the Banks is most assuredly in conflict with tn
true intent and meaning of their respective char
tiers, and with the solid and substantial interests
the State As part Of the same systeIn--as an
informed and believe-hese Banks refuse to coIlec
for Banks In other States otherwise than in curren
iunds-so that all checks and drafts for collection
are payable in the deprecated currency to which
have alluded frL;c ooI;o,. e., o,,,,.;uss. ,..t -;