Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-12-05

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LG 5ass Rail $50 saos,5oo 1875 ssO4,aOO 727
Richmond and
Pete rsburg "a. mn nm 40
Railroad. 39i 3oo,ovo VIC 'oo'ooo So
Richmond and
Danville .s,o &c, -on OH
Railroad, Wi oSi,ooo @'o0 '
Comment on lnis distribution Of power, Is use
l.ss II will h. that The Interests OF Inc
S,.,a a,r al the pleasure oil private Interests,
which, being wrong in itself, will hope, o. cor
recied in every instance, al he first pfacicable
moment
To nJevenl some OF the evils III which nave
above aivsnsd, should be provided BY law, that
no off er o! a company should act as proxy
This policy has already been adopted in relation
10 oar banks, aud il is equally important IN re
gard 10 our internal improvement companies.
deem il mater Of great consequence 10 Inc
public interests thai The State should own Inc
three railroads between the Roanoke and the 20
tomac. The heavy expense OF three several au-
minisralions, and the want OF harmony ana CON-
bination between Them, affect very inJunonsly,
The incomes Of their respective roads. Were
these roads under one administration, great
saving Of annual expense would BE- effected; and
moving with one will, every exigency could be
me with tact and vigor, and The travel retained,
iu spite OF all opposition Were the Board OF
Pubic Works au horizsd TO enter the market and
purchase al their discretion; il is believed they
could on very favorable terms, sooa obtain H.
entire control OF these companies.
Il is indispensable that something should be
done, and that speedily, tor the exrication OF the
Richmond aud Petersburg railroad, from lis EN-.
bauassments The proposition made IN us re-
port, is clearly inadmissible; and II Inc ro:d
should not be purchased by the SAFE The only
measure | can suggest is 10 provide by law for
its junction with III. Richmond, Fredericksburg
aud Potomac Railroad Company and amalsa-
nation OF their ock, upon Terms that | think,
Cd b. made satisfactory 10 all concerned re-
gard the junction Of these Two roads as OF great
importance, 10 their prosperity, and am persua
drd that The City OF Richmond would grant the
necessary privilege, il the Legislature should re-
quest il
herewith communicate the annual report OF
the James River and kanawha Company.
10 my former annual messages, recommend
cd that il be provided by law, that The Supreme
Court of Appeals should pronounce no final judg-
ment or decree in cause, except when three OF
the five judges concuTred therein | am still Of
the same opinion, and respectfully renew this
recommendation. ! cannot think ii polite or
Just 10 settle The rights OF properly, except by ad.
publications which settle The law OF The land. !,
however, need not repeat The reasons with which
| undertook 10 enforce my recommendations, as
they are 10 be iouni in my former communica-
lions, 10 which respectfully refer you.
In the frs, message | had The honor 10 submit
10 The General Assembly, used the following
language:
Il have reason 10 believe that the circuit supe-
rior courts oil law and chancery, would be more
acceptable to the people, il The judges thereof
were required 10 hold The courts OF The different
circuits IN some prescribed rotation. Judges are
men, with many oil their passions and intirmt!es.
Few pass through life without enmites, lew with
out friendships, and fewer still can rise superior
to The influence Of these relations. II is nalu-
raj 10 favor our friends and to niure one to-
wards whom we ieel antipathy, that Judge may
unconscicusly TO himself, allow his feelings TO
warp his judgment, and in6ict thereby great,
and il may he, a fatal injury. Nor, is this all;
riding his circuit Tor years, he is apt 10 share the
feelings Of his friends, and feel The excitement OF
every ieui therein l. is difficult tor any one,
however eminent, under such circumstances, 10
held The scales 81 justice in lair and equal poise,
and Is more Difficult! to satisfy his suiiors that
h has done So 10 do justice is the first duty
the second is l. satisfy those interested that Jus
lice has been done 10 them. This can rarely be
attained b. judge who has grown up among
those over whom he presides, sharing with Them,
which pervade all communities. Justice should
not only be pure, but unsupported.
"The system would be productive of great
advantage and convenience, in suits in which The
judge was concerned before his election, in which
he is snilor, in which he is related 10 either par
", an in which the suor is his open enemy
Such SUITS are usually sent TO another jurisdic-
ion 10 The sres annoyance and heav7 expense
# the parties therein Blu, The necessity OF
u
~ system"
| ask, gentlemen, if you do not know, or
have not heard, tina, many of ihese evils eStcn.
siyely prevai1 And if SO, may | not hope that
you will provide by law for their removal; :
These evils, al least some of them, have not for
the first lime occupied the attention OF the pub
lie authorities. As far back as the reign Of 3D.
ward H., 1--WE hundred and nineteen years
ago, statute was passed, followed by two
others, III the rcigns Of Rchard II. and Henry
VIII the purport Of which il thus described ia
the third book Of Backstones Commentaries.
tine prudent jealousy of our ancestors ordained
that no man Of Jaw should be Judge Of assize
10 his own county, wherein he was born or doth
lnhabit;'' and the learned commentator proceeds
and says "And similar prohibition is found in
The civil law, which has carried this principle so
far, that II is equivalent to the crime of sacriiege
for man TO be Governor of the province 10
which he was born, or has any civil connexi ion /"
And this continued uninterrupledy the Law of
England for upwards of four hundred years, I'm
I'll the twelfth year Of the reign of George II
when it was modified Blackstone saws. 4th
book: But that local partlality which The lea
lousy Of our ancestors was careful to prevent,
being Judged less likely TO operate in the trial of
crimes and msdemeanors, than in matters of
property AMI disputes between party and party,
1t was thought proper by the statute, II Geo
IL, c. u. TO allow any man 10 be Justice of
oysr and tam.ner, and general gaol delivery,
within any county Of England"
|, is the princple OF those venerable statutes OF
our ancestors that desire 10 see engraired in,u
our law And FULLY convincedlha il is indispen-
sable 10 the nnSu>pec,ed administration o. Justice
a. least, that II should be done, l. for the third
time, present ms interesting subject 10 the aten
lion OF the General Assembly. Were four circuits
nnhea INTO one District and the judges thereof re-
quiIeh 10 follow each other in succession through
The several circuits, the evils Of which I have
spoken would BE- obviated. The Inconvenience
II any, which would grow out of the system,
would D. nnlmporant and would be greatly
overoalanced BY The advantages TO be Obtained.
herewith communicate the resignation OF
Judge Edwin S. Duncan, and inform YOU thai
have appointed George H. Lee, Esq Of Harrison,
an accomplished lawer, 10 all The vacancy ,hus
created. regret 10 have 10 inform You of the
death Of that amiabls, uprigh, and learned law
yes Judge James II Gholson. | have appoint
e. maj Wen known and experienced lawyer, John
W. Nash, Esq, OF Powhatan, 10 succeed him.
respectfully invite your auenlion TO the corn.
~ cousls and The jIslices thereof Ii is mol 10 be
disguised, that lhls important tribunal has suffer
cd Of late years IN The public estimation, and .ha,
lis reform is essential 10 lis utility This reform
IS entirely practicable, and the right 10 make +,
Clearly within The scope OF your constitutional
powers.
The right which the members OF this cour,
possess OF appointing their successors. vas un.
known 10 our English ances,ry AMI is traceahle
10 our carry Colonial legislation. |, is a power
uaole 70 great abuse and IS frequently eIered
10 establish or continue family ami parry inan.
ence 10 the prejuiice of The beSt ;n,sr,ee :, -.