Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1848-12-27

ssh A T 81 no Ns@
WEDNESDAY, DECEMBER 81, ls4s.
COWS Observation-Disclosures CONTINUED


Third: State Courts. We are approaching so
nearly the period for taking the census, and as we
suppose of a'State Convention, that tie Governor
might as well have left his suggestions on this point
to the combined wisdom Of such body, and cspe
cally as we conceive, Of these suggestions in
volve questions Of constitutional power.
Passing by the County Courts, let US consider
for moment the Governors notions in respect to
higher grade Of Courts. 81 have reason to be-
leve' Che says) "that the Circuit Superior Courts
Of Law and Chancery, would be more acceptable
to the people, if the Judges thereof were required
to hold the Courts of the different Circuits in some
prescribed rotation" And again, "were four Cir
cuts united in one District and the Judges requir-
ed TO follow each other in succession through the
several Circuits, the evils of which have spoken
would be obviated." The first quoted sentence,
might seem to squnt silly at Buncombe, but the
idea is precluded by the fact, that the proposed
change is not pressed from any superior convenience
to the people, or more prompt administration of JUS
tice, but from regard to the purity of the wool sack
The people are slightly complimented, TO be sure,
by the concession, that they should be satisfied the
wool sack is pure "To do justice is the first du-
ty the second is TO Salty those interested that JUS
tice has been DONE" Now as both parties are
never satisfied on this point, we think the Legsla-
ture need not fret itself 10 an evil so palpa
bly, without remedy. The Governor deals with
the moral aspect of the case altogether. The
Judges said to be like other men-subect to
their passions, preudces and friendships, and should
he kept moving SO as not TO form acquaintances.-
Is not all this well calculated to discredit the Jud-
ges and bring them into dsrepute-to prejudice the
people against the whole Judiciary System and
then the cry-let the people elect Judges, Magi-
strates, Shers, Sc, and make pure the streams of
Justice. Bring it to this, and we shall have can
didates out, and stumping it, laying down their
platforms judically and then where will be the
equipoise of the scales of Justice? Popularity in
one--Justice in the other.
But let us consider the proposed change in bu-
siness point ofview The Judges of the District
set out upon circuit each-various decisions are
made in cases not finally decided. An exception tc
Report ola Commissioner taken by counsel, is
sustained by, say the first Judge, the repor. re-
committed and the case continued The Cd Judge
having the I'd report before him. the opposite coLN-
sci avorng the lst report takes an exception to the
3D., which is sustained, and thus the first might be
reinstatcd; and so the case might pass the review
Of all four Of the Judges and at last go up to the
Court of Appeals. Many such embarrassment
might and would occur. 1t is especially important
that chancellor should witness the progress of a
chancery suit, it into maturity, decide and let
an appeal go as early as possible This mingling
Of many minds separately upon the same intricate
question, is any thing but favorable to justice and
correct decision. Without, therefore, admiring es-
pecialy, or advocating the present system in all lis
parts, we cannat approve of the Governor sugges-
tions, now made and pressed for the third time
We would as soon approve of suggestion, that the
Attorneys should be changed about with the JUDD
ges-one of those ordering the writ, another draw
ing the declaration, and third arguing the case
and this would be good commentary upon the
scheme. Were to make suggestion, it would
be, pay your Judges we-place them above the
necessity Of other business, move them about as
little may be, and our word for it, able and good
men, above the reach of temptation, and suspicion
too, will not be wanting upon the Bench.