Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1850-01-21
7 I n ID [ G. A II q H
S TAU NJ ON
Constitutional EsefoEfse.
From the Shirt of Jefferson.

JAMES w. BELLER, Esq oT. concluueu all
that had say upon the important subject of he
extension OF the right of suffrage, in my last let
ter to you and now proceed to OTTER you few
reflections upon the subject OF judicial Reform.
A reform of cur Judiciary system has been SO
much the subject OF discussion in the Legisla-
ture, the messages Of the Governor, and the pub.
lie press Of the State in the past few years. that
the people generally, are familiar with Sthe
evils which need redressn At the Extra Session
of the Legislature last summer the subject was
freely and fully discussed, though no material
alteration was proposed; indeed it seems to be
generally CONCEDED Oh all hands, that Legisla-
tare reform cannot reach the disease, and as MIR.
Price of Greenbrier, truly said, Convention
was the only 'FpanGeea" for the evils complained
of. The Legislature have been endeavoring to
cure the evils, and they certainly have some
what improved matters by the creation, al the
session of 1s47-'4s, of the Auxiliary Court Of
Appeals. Being member of the House Of Del
egates at that session, voted for the bill Great
ing this Court, though had then LAS still have)
very great doubts of the constitutiouality OF the
act, but felt satisfied to let my doubts prepon-
elerate in favor of the bill, in hopes of a great
public good, seeing the condition of business be-
fore this Supreme Court of Appeals, and beev-
ing it to be an intolerable evil, aud a gross op-
preston upon suitors in that Court. The Court
of Appeals and the County Courts are the branch
es Of our judiciary system which are obnoxious
to public censure. [ have never thought the
Circuit Superior Courts Justly charyeable with
decidedly the best part of the whole system, and
the Judges presiding over them perform as much
hard labor as any other body OF q similar char
acter, in the Union. The circuits as now con-
situted, in many Instances, might be altered
with advantage to the Dispatch Of public busi-
ness.
Governor Smith, in his message of 1847, in
referring to the Court of Appeals, remarks
:!Another evil attending the administration Of
justice in this Court requires reform 1t is by no
means uncommon for causes to be decided by
minority of the Judges who compose 1t, two out
of five being as the law now stands, competent
to settle the most important rights OF property.
In such cases the rights of the parties, but no
principle Of law is settled and it would be per-
fectly competent for the same Court, other judges
being present, to give a cause resting on pre-
cisely 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 net to exist. Ii is a source OF
great injustice and loud complaint; and as it is
easily corrected, WILL trust, receive your favor
able attention" | make this quotation from
Governor Smith, TO show some OF the serious
causes of complaint, which have been made a.
ganst our highest court, and to demonstrate the
necessity for reform in this very important
branch of our judiciary system. am not aware
that the Legislature have endeavored to cure the
evils pointed out by Gov. Smith, bat his recon-
mendations, in my humble judgment, were Ger
tainly worthy of the most serious consideration.
But the fact is, legislation will never etfectualy
reach the disease, the system must be changed,
and positive remedy applied in the organic
law of the State.
sincerely wish that was familiar with all
of the judiciary sysems of the States, that |
might be able TO Judge the machinery by which
they are worked, Ofthose however OF which |
know anything, think the Maryland system an
excellent one, far preferable, in many respects,
to our own. They have circuit courts composed
of three Judges, all Of whom sit at each term
Twice year, in each county OF the district;
the oldest Judge in commission making one OF
the Court of Appeals they have one Supreme
Court of Appeals they have both law and chan
Gerry jurisdiction; they have one Supreme Court
of Appeals, which holds alternate terms of the
court on the eastern aud western shore, thus af-
fording every convenience TO the people. Their
Orphans court system works admirably, and
with great Justice and expedition to the parties
under its jurisdiction. Their Levy courts work
well-their magistrates jurisdiction is quite ex-
tensive and works expedltously to the Interests
of suitors, with a most ample protection against
error or righteousness of decision, by granting
right ofappeal to the circuit courts There is
rnost beautiful division Of labor in these courts,