Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1847-12-15


where confinement is to endure for years, it is d
CUT 10 perceive In my judgment no free neg
shouid be sent to the penitentiary. 1t is a punis
ment but lightly regarded by him. involving no Il
or character or comfort l earnestly recommel
ms whole subject to your consideration. Is,
: Doc. No. 50 80.
lnmy last message, | appraised you of sever
small parcels public property daily diminishin
IN value and of no public use and recommends
that law should be passed directing their SALE !,
again respectfully call your attention to the subject
Our usury laws are, i'm my Judgment immoral i,
Their tendency, and certainly injurious to tho bust
ness interests of society, and ought therefore TO Dc
repealed. Laws cannot prevent dealings i'm usury
DIS is attested by universal experience. The needy
VIII borrow, the usurous will lend, and the certain
ehects ot attaching pains and penalties to such
transactions, are to swell the premium paid by the
borrower, and to tempt him to become a dishonest
man.
why should 4 price be fixed by law on money 2
III Is property, precisely as is bale of cotton or
hogShead OF sugar, and uc,uatos as they do in val
ne.
About two Years ago. money was furnished bv
the Bank of England ut about three per cont and
she was by the last advices asking and receiving for
II ciSn' per cent per annum. short time since
money was abundant in New York, but now il is
scarce ana gooc paper can be had in the street at
discount OF one and quarter per cent per month.
In TACT, money is more sensitive and fiuctuatinq
'ah other descriptions of property, and is the last
10 which price should be affixed by law Inter
est is compound Of two Ingredients the nconye-
nIence ofparting with given sum OF money, and
the hazard of losing it altogether If the law pre-
scribe the rate oil SIN per cent. the Interchangeable
price Tor money, continually nuctuating as it is, it
is manifest that this rate will be frequently below
the market value, and the consequence must be- that
large portion of the money capital of the commu-
my, IN obedience to law, retires from business,
while that which remains, seeks i'm hioh premiums
4 ind ity no b,,
ara created by law. In this view the law is plain
~ Injurious, and produces an amount Of mischief it
is difficult to estimate
should 1t be your pleasure, gentlemen to repeal
'ic uSury laws, and trust hard and unreasonable
contracts TO the ample jurisdiction of the Courts Of
Chancery, am satisfied you would give general
Satisfaction, and render great and important ser
vice 10 the State. But if you should be unwilling
10 adopt this recommendation in It's full extent,
earnestly recommend repeal OF the usury laws, 50
mat all usurlous contracts may be enforced to the
extent of the principal and legal interest thereon.
person holding the obligation of another has
the power TO require bail for the whole amount an
Pcaring TO be due thereon, of right. 1t is fire.
?uen;y the source of great oppression, resulting as
1t may, and sometimes does, in the imprisoninent
OF the debtor when it may be not cent is due
The personal liberty of the citizen should never be
placed by law at the will and pleasure of anv per-
son and 1t is TO be hoped that the law will be mod
lied, so far at least, as TO require the oath of the
md rl,cb
bail may be required.
In my last message presented to the attention
OF your predecessors the condition OF the Supreme
court OF Appeals, as one of the intolerabe evils of
our government, and submitted plan for its correc-
ton, to which ask your attention. j have now to
report that this evil so far from diminishing is rap
idly increasing On the goth OF September last,
there were 60 causes pending in said court, being
an increase or Oh since the period of the pre-
cedng year. 1t is manifest that the court as now
constituted will never be able to despatch the bust
ness which apPertains 10 their jurisdiction. The
law now requires that hc sitting of the said court
shall DO permanent; provided always, that the court
may III their discretion adjourn for short periods:
but 1t shall be their duty 10 sit least two hundred
and fifty days in the year, unless they sooner de-
spaich the business Of the court" This provision
Is imperative, and imposes duty not less laborious
than important. And if diligently observed this
court shall yet be unable TO despatch the business
confided to them, some remedy of course ought to
be provided II is alike required for the relief of
the suffers IN sud court and the eminent iurists
VINO compose it, Without making any specific
suggestion, trust you may beable, without further
delay to adopt some plan for the correction of one
OF the most serious and growing evils 10 which the
administration OF justice is subject in our common
wealth
Another evil attending the administration of us-
tlce In this Court requires reform. /; is by no
means uncommon for causes TO be decided by a mi
nority OF the Judges who compose it, two ont of five
being, as the law now stands, competent to settle
the most important rights OF property In such ca
ses the rights Of the parties, but no principle of
law, is settled; and il would be perfectly competent
Tor the same Court other judges being present to
give to cause resting precisely the same prin-
clpies, different result Again, even where four
judges are present, an appeal may be dismissed.
and the forever settled by an equal division Of
the court. Now these evils ought not TO exist 1t
is source of great injustice and of loud complaint;
n is tod ,1-i1i !
you favorable attention.
deem it of the highest consequence to the pure
and elevated administration OF justice, that the iudp-
es of our circuit courts should not hold two success
slve terms IN the same county. tits sometimes the
case that the Judge presiding in county through
long period of time, contracts bitter enmties A.
mong the people and the bar OF such county making
the relation most painful and unpleasant. and in,
fcctng with disrust and suspicion the exercise OF
his oiiIca! duties, no matter how free from all lust
animadversiOn and rcproach. 1t is manifest that
under such circumstances q change of the JUDGE
would be great public service, and would male,
rally contribute to give that satisfaction which
should always attend the administration of Justice
But the various views in support OF this policvI
which were presented in my last message need not
be repeated here. | would add however. that ma.
ny OF the evils then depicted. | know TO exist. and
that in my judgment the great purposes Of iustice
call for the adoption Of the suggestion then and
now submitted.
1t is my duty to inform you that have mot hoo,
notified Of the arrangement of the judicial circuits Of
this commonwealth, as required by the act of March
Goth, 1917
respectfully present 10 your consideration tho
condition OF our county courts and the Justices tbero
9t This branch of our judiciary. in many RESPECTS
. highly valuable and important 10 the people ~
suffered in It's just appreciation in conseoeroe &c
i6judciou5 legislation. and the great numbers tb.t
are IN Commission. justices may be shcrif}s com