Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-12-07

be unwilling 10 adopt this recommendation III It's
full extent, earnestly recommend repeal oil Inc
usury laws, SO that all usurious contracts may be
enforced 10 The extent Of The principal and legal
inleres, thereon.
person holding the obligation of another,
has the power 10 require bail fer the whole
amount appearing TO be Cue thereon, as OF right.
ii is frequently The source OF great oppression,
resulting as il may, and sometimes does, in the
Imprisonment If tic debtor, WHEN it may be mol
a cent is due. The personal Liberty Of he cl'i-
zrn should never be placed b. law at the will and
pleasure OF any person. and ii is 10 be hoped that
the law will te modified, far. al least, as 10 re-
qure the cath Of the party as to the amount OF his
demand, and Tor which bail may be required.
In my las, message presented 10 The alien
tim Of your predecessors The condition oil The Su-
preme Court OF Appeals, as one OF The intolerabe
evils Of our government, ard submitted plan for
lis correction, TO which ask your attenlion.
have now 10 report that this evil, so far from d.
minishing, is rapidly increasing. On The "0Ih
Of September last, there were CITY causes pending
in said court, being an increase OF Sd since the
same period OF The preceding year. II is mani
FEST that the court as now constituted VIII never
be able 10 despatch the business which apper-
Ia ms 10 their jurisdiction. The law now requires
that" The sitting Of the said court shall be peIma
nenl; provided always, that the court may il
their discretion adjourn for short periods: but il
shall be their duty TO sit at least Two hundred and
fifty days in The year, unless they sooner despatch
the business OF the court" This provision is
imperative and imposes a duty not less labori-
Gus than important And if diligently observed,
this court shall yet be unable 10 despatch the bn-
sness confided to them, some remedy OF course
ought 10 be provided. l, is alike required for the
relief OF the suiors in said court and The eminent
iurisls who compose it. Without making any
specific suggestion, trust you may be able,
without further delay, 10 adopt some pan for the
correction Of one OF the most serious and grow
ing evils to which The administration Of justice
is subject in our commonwealth.
Another evil attending the administration of
justice in this Court requires reform. II is by no
means uncommon for causes 10 be decided by
minority OF the judges who compose il, Two out
Of five being as the law now stands, competentto
settle the most important rights OF property. In
such cases the rights OF the parties, but no prin-
ciple OF law. is settled; and it would be perfectly
competent Tor the same CouIl, oIber judges being
present, 10 give 10 cause resting on precisely
the same principles, different result. Again.
even where four judges are present, an appeal
may be dismissed, and the cause forever Settled
by an equal division OF the court. Now these
evils ought not 10 exist Ii is source OF great
Injustice and OF loud complaint /; and as it is ca
silly corrected, will trust receive your favorable
attention.
deem ii of The highest consequence 10 The pure
and elevated administration Of justice, That the
Judges of our circuit courts should not hold two
successive terms in The same county Ii is some
times The case that the Judge presiding IN coun-
" through long period OF lime, contracts bitter
enmiles among The PEOPLE and the bar OF such
county, making the relation most painful and un.
pleasant, and Injecting with distrust and suspi-
cion The exercise of his official duties, no matter
how free from all Just animadversion and re-
proach. II is maniies, that under such circum-
stances change OF the Judge would he great
public service, and would materially contribute
10 give shat satisfaction which should always al
the administration of justice. But The various
views ia support OF this policy, which were pre-
scented in my las; message, need not be repeated
here. would add, however, that many of the
evils then depicted, know 10 exist: and that 10
my Judgment The great purposes Of justice call
for The adoption oil the suggestions then and now
submitted.
is nv duty TO inform you that have not
been notified OF the arrangement OF the judicial
circuits OF this commonwealth, as required by
The act OF March 2Glh, 1917.
respectfully prcscn' 10 ycur consideration the
condition OF our county couits and The justices
thereof. This branch OF our judiciary, in many
respects highly valuable and important to The
people, has suffered in lis just appreciation IN
consequence OF ;rjudiciou' legislation, and the
nrca, numbers that are in commission. Justices
may be shcsin<, commissioners oil the revenue,
inspectors, &c and yet il is expected that the Ia W
will be rieidly enforced, by the county cours,
against such officers. In violation VI The second
article OF the Constitution, the law uniies in he
Justices important political and administrative
powers, and yet expects The court 10 DC above The
influence Of political feelings. he reht oi no.
miaaiion, unresuacd b. lay, exists in he cGnr,
and il seems 10 be expected that Tic claims Of ia
mily ard OF party will he overlooked, ard merit
alone rule heir official action. In tine, The law
seems 10 have regarded those who compose The
county conns as superior 10 their species, and lar
above, in their principles of conduct, the rest OF
general 1.-Two ~sr and bff a ana knew nsF
they can well compare with any portion Of
The community, | Cannot admit that they
are so far above The ordinary passions and nflu-
ences which operate upon human conduct as 10
believe that il is unnecessary 10 apply 10 Them
those restraints w!:ch properly attach 10 all per
Suns clohGd with important public trusts. The
Law, therefore, in giving them high judicial pow
egS should lake from Them oil The offices OF their
county which they now fill, a. well as their poll
teal power. This is The more important when
you conc 10 look 10 the formidable number oil JUS
tees in The State, consisting %. :bon, tour thou
sand. This large number cannot escape the mis-
chevous Influences which, as the law now stands,
must in some measure bias !heir judicial conduct.
recommend therefore, that the Dumacr al Jusi.
ces in each copnly be regulated by Law; that each
county be divided into districts; that magistrate
be assigned 10 each district, ard b" required 10
reside therein, and that nominations shall he
made for each district as vacancies occur. re-
commend that The justices be prohibited from
holding any additional office within their county
and hat they be deprived oil all political powers,
such as appointing commissioners OF eec,ion.-
And propose that they shall receive an annual
salary Tor he. services ci ore hundred and fi'y
dollars, payable out Of the comfy treasury; shat!
have a right TO farm ont The sherIialty Tor the be-
nefi, OF their county; and that such provisions
should be made as will secure prompt ard
faithful discharge oil duty am satisfied that
law may be enacted which will make The county
courts most valuable and efficient tranch OF our
judiciary and that this reform should lie adopted
without delay.
II is extensively believed that this reform can.
not hr constitutionally effected. An examination
Of this subject will remove all difficulty. The
justices hold their Office al The pleasure Of the Ge-
neral ASSelHUlN, anu q! SOuiSC 'htH P't'Sh fo''
ers may be terminated whenever il may be though,
wise 10 DO So As far back as 1860, this power
was exercised and the commissioners who then
ofciaied as justices Of The peace were deprived
Of their powers, and reduced 10 eight in each
county Tie oldest being retained. II such poll
CT were adopted, it could go into operation
p.onptIy and without the least difficulty or EN-.
barrassmen', and would give us court upright
and efficient, and freed from many OF those irhu-
ences which have extensively AMI fatally opera
Ted TO impair il. just value. ask for these sug-
gesiions careful consideration. But whatever
may be your pleasure as 10 the thorough reiorma-
lion OF The powers OF The county courts and The
Justices thereof, which have recommended,
most respectfully urge that The number Of jus.
ices now required by law TO constitute court
may be reduced. have often seen The great in
convenience Of court composed OF iour justices,
which might be wholly cbviaed if the law were
10 provide that The cognty court should hereafter
consist of not less than three justices. The diff
Gully of forming court, which is now frequently
very great, would also he essentially reduced
Incapable Of seeing single objection 20 this mo-
difcaiun, whilst its advantages are obvious,
,.,., ,; ,o.o;ve vonr IA vora hlP punsiier