Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1847-12-23

iue, dLu tho consequence lHuSt De, Thai n large
portion of the money capital Of the community
in obedience TO the law. re,res from business,
while that which remains, seeks in high pre-
mums business profit, as well as indemnify
for the hazard created by law. In this view
the law is plainly injurious. and produces an A.
mount of mischief it is difficult 10 estimate.
Should it be yonr pleasure. gentlemen. to
repeal the usnry laws, and ,rus, hard and na-
considerable contracts to the ample jurisd'r .ion
OF the Coar;s of Chance nv. am satisfied you
would give general satisfaction. and render a
great and important service to tire Stare. Bat
if you should be unwilling to 'ac,rp, this recon-
mendation in its fall extent, earnestly recon-
mend repeal Of the 1,sury laws. SO that all
usurious contracts may ta:enfnrcod to the extent
Of the principal and legal inseret thereon.
A person holding the obligation of anoth
err has the power to require bail for the
whole amount appearing to be due thereon.
AS of right. is f. 1rently the source Of
great oppression. resulting as it may. and
sometimes does, in the impr sonment of the
debtor, when it may be not cent is dne -
The personal liberty Of the cit zen sAou!l
Mver be pl,ced by law at the will and pleas
ure Of any person; and it is tn be hoped that
the Law ,s;H BE- modified. far. Last AS
to require the oath of the party as to the
amount Of his demand, and for which bal!
may be required.
In my last mes age presented 10 the at
t.nt'on o: .onr predecessors the condition of
the Supreme Court of appeals, as one of the
ntolerabse evils Of the government, and sub
mittsc PLAN for its correction, 10 which
ask your attention. I have new to report
that this evil, so far from diminishing, is rap
idly increasing On the seth Of September
last, there were $40 causes penling in said
court, being All increase of 81 since The same
period OF the preceding year. 1t is manifest
that the court as now constituted will never
be able to despatch the busine which APP
perta ms to their jurisdiction The Law Row
requires that ''the sitting Of the said court
shall be permanent: provided always, that
the court may ia their discretion adj ol'n for
short periods: bat # it shall be their dutv to
sit at least two hundred and fftv DAYS in the
vear,unless they sooner despatch The business
of the con,t.' This provision is imperative,
and imposes duty not less laborc,s than
important And if diligently observed, this
court shall vet be unable to despatch the
business confile to them. some remedy of
course ought to be provided. 1t is alike re-
qared for the relief of the suitors in said
court and the en'inen, jursts WHO compose
IT, Without making amy specific Suggestion,
l trust You may be ahle, without further lie
lay, to adopt some plan for the correction OF
one OF the most serious ami growing evils to
which the administration of justice is subject
in Our commonwealth.
Another evil attending the administration of
justice in this Churt requires reform. 1t is by
no means uncommon for causes to be decided by
minority of the judges who compose it, two
out of five being, as the law now stands, com
petent TO settle the most important rights Of pro-
perty. In such cases. the rights Of the parties.
but no principle OF law, is settled and it wo'd
be perfectly competent for the same Court, 9th
er Judges being present, to give to a cause rest
ing on precisely the same principles, a different
result. Again. even where four Judges are pres
sent. an appeal may be dismissed and the cause
forever settled by an equal division of!he court
now these evils ought not to exist. 1t is
source ii great injustice and of1oud complaint:
and rs it is easily corrected, will, trust, re-
celve your favorable attention.
deem it of the highest consequence to the
pure and elevated administration Of justice that
the judges of our circuit courts should not hold
two successive terms in the same comfy. 1t is
sometimes the case that the Judge presiding in
e comfy thro' long period Of time, contracts
bitter enmlties among the people and the bar Of
such county, making the relation most painful
and unpleasant. and injecting with distrust and
suspicion the exercise Of his official duties, no
matter how free from all jnst animadversion s.
:epruach. 1t is manifest that under such cir
cumstances the change ofthe Judge wonld be a
great public service, and would materially con-
tribute to give that satisfaction which should
always attend the administration of Justice
Bat the various views in support of this policy
which were presented in my last message need
not be repeated here. | would add, however.
that many Of the evils then depicted know to
exist. and that in my Judgment the great pur-
poses Of justice cali for the adoption Of the sug
ges,ions then and no Submitted.
1t is my dn,y to inform you that have not
been notified OF the arrangement of the judicial
circuits of this commonwealth, as required by
tie act of March 20. l547.
respectfully present to your consideration
The condition of our county courts and the JUS
tices thereof This branch of our Judiciary, in
many respects highly valuable and important
TO the people, has suffered in its just apprecia-
ton in Consequence Of injudicious legislation, &
the great numbers that are in commission
Justices may be sheriffs, commissioners of the
revenue, inspectors. &c, and yet It is expected
thdt the law VIII ue ii4loiJ eHioICSu, ny me
the couaty courts, against such officers. lnvio-
lation Of the second article of the Constitution,
the law unites in the justices important politi-
cal and administrative powers. and We, expects
fhe cour. to be above the influence Of political
feelings. The right Of nomination. unregua-
ted by law. exists in the court. and it seems TO
be expected that the claims of family and Of
party will be overlooked. and me rit alone rule
their official action. In fine, the law seems TO
have regarded those who compose the conw,y
courts as superior to their species,and far above
in their principles Of conduct the rest of their
fellow-men. While Freely admit heir gener-
al worth and responsibility. and know they can
well compare with any portion of the commn-
nity. cannot admit that they are so far above
the ordinary passions and influences which op-
crate upon human conduct. IA to believe that it
IS Unnecessary to apply to them those restraints
which properly attach to all persons clothed
wsi,ff.impcrlant public trusts. The law, there
fore. IN giving them high jnd;c'al powers .shoafd
taIe from them all the offices Of their ctnn'y
which they now fiji. as well as their political
power. This is the more important when yon
come 70 look to the formidable number Of justi-
ces ~ the State Consisting Of 1000. This large
number canaof escape the mischievous inffueh-