Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-02-25
THE CIpGuIT COURTS.

i TrnnIfInO Inc StutIdI SOtlt ~
cults, so as 10 e%qualize, as nearly as may Oe' Wv
lasors Of the several Judges, and promote 'he &C.
neral convenience and The despatch oil business
No such re.arrangemen was made-and at lhe
..oso,, ses.;on ,wo committees Of the House, 10
Nil. ,hp committee for courts oil justice, and a
selec, committee, 10 whom me su'9ec' was ie'
ferred. have found it impracticable 10 make a re-
arranoemen, amongst the twenty-five Judges
OWING 10 this. the House Of Delegates passed a
hi, nJov;dips for the election OF a twenly-lhlfo
o;,cn;, ;ndse. and The select committee recon.
mended ,ha, there should be a iweniy-louE'n
;udpe. In The report Of The select committee aa'
verlipc TO the inequality Of The labors Of The di'
terept Judges, they say: "However unequal lhese
may be, yet, if justice were administered sPeeanS
and cheaply in all parts Of the CommohWeal'n
we nigh, we'll be content with Inc present syS
TEN. Whether any one Judge does more OF e''
than his fair proportion Of labor, IS con'Paia''s
" a matter Of bu. lille importance: 'he sfea'enu
10 which all legislation on The suojec' shouiu =
directed. ought certainly 10 be the SPEEDY lahSao-
,ion ~ al ,be ;ud;cial business 10 which Inc wants
and interests of The people may give =,
nos of he circuits This IS no1 ae0mf"eN"A
> .ouno, be denied that in others me'c @'n'0'' "
,,,ol denjol Of Justice" Yet the comm'"ee say
~, ,.,s,v tew Of The circuits, as al present ar
,.noeJ afford an amount Of business beyond me
canacily Of an able and faithful Judge 70 "anasei
whilst several of them afford SO iille' 'nd' mo-
,u.I !. dopb,ed whether, as they becose vacant,
!, mill moi be best 10 distribute the counties com
po,ips them among The adjacent circu'.s'
Alter this report OF the select comni'ee' 'eso-
,,,;ors were ,dop,ed in the House OF Delegates
on The motion OF Mr.. Drnla', on 'e ~ ns'a
requesting The %revisors OF The cote 10 prepare"
I'M ,non . particular plan laid down in the reso-
lu,;cns and to repor, their opinion on Inc system
thereby proposed. The revisors MADE 'heif tt,
no,, IN The 18th instant. They have reported
s,,cb = b;ll as they were directed, namely, "a Dill
,ho,;sb;no the Circuit Superior Courts OF Law
and Cbancery and the General Cout'; oiViaing
ina STATE into sixteen circuits, instead OF twenty
,wo. and establishing a Superior Court Tor The
Stale in lieu OF the General Court."
The report which accompanies this bill, would
20 arc sure, be interesting 10 our readers, general
~, in different paris OF the State; and we wish II
was in our power TO publish il in iuiI; but al pre-
son, our columns are SO overburlhened, that TINS IS
not practicable, and we must be content 10 pre-
sent The following synopsis of il.
The rcvisors ascertain (from the returns OF The
clerks OF The Circuit Courts tha, the average num-
Der ofdays OF session for each OF The circuits (o!her
Than Hsnrieo) is only %, and express surprise al
finding that so small a number OF days IS suihciehI
for The Circuit Courts 10 do all that is now done IN
those courts. They stale that dividing The Stale,
other than Ikerrlco, into fifteen circuits, SO
arranged as 10 require each judge TO SIT, II neces'
saIy. about 1877 days in each year, as much ou-
sincss can be done by fifteen judges as is now
done by twenty; but, as Tor The iasl I'VE years
there has been a gradual, though slow increase,
,bev allow for each of the fifteen circuits an
average OF l35 days; and they express The OPP
MON. that il is moi unreasonable TO expect, as
part of The regular and ordinary duties Of a Judge
Of the Circuit Courts, that he should be engaged
in court, if necessary, at least $50 days IN The
wear, provided he receives therefor such a salary
as is contemplated by the resolutions. Their ar
rangement OF the circuits, in the bill reported by
them, they say, has in view not only an allotment
OF about 1875 days, but also an apportionmenl OF
the business OF the circuits, as equallyas circum-
stances would allow. They expressive opinion,
lha! one Judge sitting $50 days in tie year, Tor
Henrico and Richmond, can do the whole ousi-
ness, law and chancery; that the business Of the
CHER circuits can be done as well BY hfleen
Judges as now by twenty; and that (under Inc
equal distribution contemplated by ths ciIi) inc
busines. in such courts as are now oy'rourlhen-
ed. would be soon brought down within reason
able limits. Having satisfied themselves that,
under a distribution OF The business, equal or
nearly equal, sixteen efficient Judges could do
the business that is now done by twenty-five, not
only as well as il is now done, bu; letter, and
more promptly, they come 10 The conclusion, that
the public good would be promoted by enacting
the system proposed, (by the resolutions OF Mr..
Dorman,) in preference 10 continuing the former,
If The Constitution creates no obstacle in the way
of its enactment, and if there be no sufficient
countervailing consideration arising out OF The
condition OF The present judges.
Fex,they consider The power ofthe legislature,
under The Constitution, over The existing Courts,
The FIRST section OF The fifth article of lie Consti-
tuition provides that "lhe judicial power shall be
vested in a Supreme Court Of Appeals, in such
Superior Courts as The Legislature may, from
time 10 time, ordain and establish, and the judges
thereof, in The County Courts and in Justices Of
the peace" Under this provision the ~revisors say
"there must be a Supreme Court OF Appeals anc
the County Courts must remain. But The inter.
mediate tier are Legislative Courts, over which
the Legislature has power. Il may, from time &c
time. ordain ard establish such Superior Courts
as il deems proper, and vest in them and in The
Judges thereof such judicial power as il sees fit
Ii may abolish Superior Courts which have been
established and substitute others in their Stead
The eflec, that a law abolishing a Court would
have in depriving a Judge Of his office is then ex.
amincd. The debates in The Convention are ad.
verted TO, which preceded the adoption of The %
section Of lhe 9Th article Of The Constitution in
these words: "No law abolishing any Cour,
shall he construed to deprive a Judge thereof o.
his office, unless two thirds of HE members o.
each House present concur in The passing thereoij
but the Legislature may assign other judicial du-
ties 10 The Judges of Courts abolished by any law
enacted by less than two-,hirds OF The members oil
each House present." The revisors say that
"The 18th section of The third article having
provided a remedy against the judges and others
guilty OF neglect OF duty by Impeachment; and
the 6lh section Of The Sd article allowing Judges to
be removed from Office by a concurrent vote OF
both houses OF the assembly, if two thirds of the
members present concur in such vote; The fra.
mers of The constitution designed BY the Cd Sec
lion Of the Sin article 10 make provision, which
would prevent The Legislature, when it should find
itself unable, either by impeachment or by vote
of ,wo.,hirds, TO get rid OF An obnoxious or IN.
popular judge; from %effectins the same object by
a law passed by a bare majority (of the members
OF each house PRESENT. abolishing his Office
Rut IL The I p5isl of,ro ebonld ~ anv limo find Thai