Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-08-11
'N
COURT OF APPEALS.

To The list Of names already proposed for the
vacancy in The Cour, of Appeals occasioned by
The death Of Judge slanard, beg leave 10 add
apo,her-that OF Judge Thomas II. Bayly.
Judge B. has occupied so prominent a posili. n
before the country tor the last ten years, and has
filled so many high public trusts with ability and
distinction, as 10 make il a work Of supereroga-
lion 10 enter into any detailed statement Of his
merits.
Passing over, then, the evidences OF superior
abilities furnished by his brilliant public career,
il is ~purposed only 10 mention a few Of the quail
fcalions that peculiarly fit hlm for the bench OF
our highest appellate Court.
To comprehensiveness Of mind, combined with
remarkable suickness OF perception and marked
faculty. Of raliocinalion, he uniies a quality not
always found even in great minds, but indispen-
sable in a Judge-gredt PAGER Of inresigaii0n and
analysis. His is The gift 10 look through a whole
subject, TO contemplate i, in all its aspects and
bearings, to diseLtangle from what is pertinent
that which is irrelevant; and, Of course, 10 arrive,
with all reasonable certainty, al truth. In this
respect, Judge Bayly has few equals, perhaps no
superiors.
Again: in the present stale OF l~hings-wilh a
docket already oveiburlhened and daily ~incrcas-
ing-some reform in our appellate court is impe-
ratively demanded hy the public interests. The
present COHQllfOu " tilnSs - iHuttu Il ItpIOdCH,
a burning r~ep.oach upon the Jurisprudence Of The
Stale. To carry your case into the Court of Ap-
peals now, is 10 bar Yourself of juslice. Another
generation gets the decision of the Court.
How has this evil come upon The Common
monweallh7 BY having upon the appellate
lench, men, who, however profound in legal
learning and upright in purpose, are nevertheless
physically incompetent 10 60 through The onerous
dulles required al their hands, and BY that means
TO keep down The docket.
And how is the grievance to be redressed7 OBJ
viously BY putting on The bench men in The vigor
Of life, and capable Of great physical ~exertion
and endurance. Unless this be done, il were as
we'll 10 abolish the Court of Appeals altogether.
Now, in this respect, no one can prefer superb
or claims 10 Judge Bayly. He is in the very
prime Of manhood, Of robust constitution, and Of
business aptiludes and capacity 10. labor surpass-
cd by no ones whatsoever. During lhe shor,
time he was Circuit Judge, he exhibited q power
Of working and a facility of mastering The snb-
lecls he investigated, which furnished conclusive
| proof that the Legislature, in appointing him,
| had made a fortunate selection.
AS to the moral qualities requisite for the ju-
| dicial of;ce, none, not even his bitlerest political
opnonen,s, (f any he has OF this kind will i'm
puen him. On The whole, his appointment would
be a great Stale advantage.
am not prepared to say that he would leave
the field where he is so rapidly gaining dislinc-
ton and fame, TO accept a State appointments but
! nresume a call so honorable from their native
State. would be disregarded BY none Of her distin-
enished sons. ROANE.