Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-02-28
To the Editors of the Spectator.


Circuit, Mr.. Fultz has ventured to charge his op-
ponent with ineficiency and neglect of duty,
such as, if continued, ethe wheels Of justice, al
ready greatly retarded in their movements,
must soon cease to roll on"
LII is unusual, even in the heated conflicts OF
party warfare, thus to assail an honorable CON-
petltor, but nexcusable when the controversy Is
for the calm and digniied position OF Judge
In the present case the accusation, besides be-
ing ungracious, is proven by the records of the
country to be without foundation. Fortunately
tor the cause OF truth, the laws OF the State for
many years. have required the work OF all the
Judges to be annually reported to the Legislature
and those unerring documents, which the people
can consult tor themselves st their county seats
in Richmond, incontestably prove that Judge
Thompson, SO far from being the drone that bis
adversary represents hun, has always been the
most aborious and efficient public servant in the
State-that his decisions baVe been more than
double the average decisions N the other Judges,
though no doubt they have all discharged their
duties faithfully Would it not then be mag
unanimous, and even due to himself, for Mr.. Fultz
to retract that charge, as publicly as it was
made! Judge Thompson has never assaulted
him, and We venture to say, never will His
generous and digni6ed character is guarantee,
that though cruelty and unjustly accused, he will
leave his yindicaton to the record vi his labors,
and the Intelligence and justice of the people
he has serVed-and who will remember that,
even now, while these assaults are being
made on his official fidelity, he is spending his
days and nights in their service at the city OF
Richmond
There is clause in that card that I would
like to call attention TO, unless, being lawyer,
| have no right to be heard in this matter. Mr..
Fulz gives MANY Farmers" 10 understand,
Sh. lao ha c1a Cd md hat
tinued relic of justice delayed, entailed upon US
by an Irresponsible Judiciary, known as the
Sleeping Docket shall De walked up, and no
longer have place on the Records" | heard OF
demagogue once declaring, that if he was g.
lected 10 Tie convention To change the Constl
tation, 'he would make Dry River navigaole,
by the fundamental law of the land" Now
Dry River was no river at ALT had DO water
except during heavy rains; and the Sleeping
Docket" Is no docket at all, either during heavy
at any other time. Mr.. FuItz is law
yer well as myself, and knows that if any
Judge were 10 dare wake up the list of causes
called the sleeping Docket" and dispose of one
OF them without The consent of the lawyers and
parties concerned, he would be liable to i'm
parchment and turned out of office.
The farmers and Others in the county are IN.
acquainted With these law terms aud office phras
es; hence the name of sleeping docket" t.
them is pretty catch-word for electioneeriDe
purposes. M
Every one would suppose, on reading the card
that the sleeping docket" is made up of cause:
ready for trial, but which, from the negligence
OF the Judge, are denied q hearing. Yet this il
wholly untrue. The sleeping docket belongs ex
cluslvel} to the Chancery side of the Court ant
instead Of being "a relic OF justice delayed, en-
tailed upon Us by an irresponsible Judiciary,
grows necessarily out of the Chancery law, as i
always was and still is.
If man brings q Chancery suit, and an ap
peal is taken from the decree of the Judge tn
case cannot be heard again in the Court below
till the Court OF Appeals has decided it, 1t OF
ten fingers for years in the appellate Court
and is taken off the trial docket and put with
list OF causes not ready for trial called the sleep
ing docket" Suppose Mr.. Fultz should ''wak
up' that cause and NEEDLE with it, would no
his Judicial head be struck off?
Again, a trustee, or guardian, or executor
brings suit for settlement of b accounts TIL
Court decides the principles of the case, an
gives al the reliet that can be given at the time
but something remains To be done afterwards a
to collect outstanding iunds-to sell lands-t
find and bring before the Court unknown heirs
or anything that prevents final decree accord
ing to justice,-the ease not being ready goes OF
the sleeping docket" Again, a person bring
a suit tor q life annuity, or for money falling du,
by insJalments, only part of which is dae--the
Court gives a decree for all that is due but re-
tains the cause for other DEGREES if required whel
other money comes due. In the mean time thu
cause goes to the sleeping docket" FREQUENTLY
the Court orders account to be taken Tn
account fingers for years before the Commission
er, owing 10 insurmountable obstacles in the wa,
Of taking it, Or from the negligence of parties o
their counsel, and meantime the case goes to thu
sleeping docket" Not unfrequenty counse
aud parties agree, as they have a right to do
shat 6 case shall not be tried for certain tim
or until certain event happens. Such a Gas,
goes OF the sleeping docket" OF these AM
like cases, that "docket" as it is unteehnicall,
called, is made up-oauses chiefly decided, bu
in which something remains 10 be done in futur
but cannot be done now. Every lawyer at tn
bar-every clerk knows this, and If all confdenc
among men is not taken away by the stress, an,
for tie purposes OF This canvass, let the people
for the sake of justice and truth, inquire OF thos
they nave heretofore had confidence in, and in
form themselves correctly. Moreover, ever,
lawyer has access to the sleeping Docket" ant
whenever he finds that anything can be done il
a OF his lying on it, it is his duty his eli
{ emf, to set it tor hearing on the trial docket
and if a cause remains on the sleeping docke
for day after it is ready for any action of thu
Court, il is the fault OF The lawyer who has i
i'll charge, aud of 40 one else. This listing o
causes, not ready tor trial, is nothing in th,
world but an arrangement for the convenience
of all parties, TO distinguish between those caus
es which can be tried, aud those which ar,
not ready-every tyro of the bar knows this
and yet we have a candidate for the office o
deciding upon all the peoples rights, committing
the funny mistake OF becoming alarmed at this
straw head and bloody bones" merely because o
its name Really Mr.. Fultz's promise to awake
up the sleeping docket" is bader humbug than
the proposition to make Dry River constitution
ally navigable without water; and from what
has gone before it is plain that if he did wake i;
up, he would be guilty OF high misdemeanor
ant an lnsnfferabie usurpation.
Sach are the accusations of this remarkable
judicial card, against absent public servant
who is too busy serving the people to have time
to court them, aud thus they vanish before the
cause of truth like bats and owls before the
light of day. T.
For the Spectator.
In reply to card published in the Spectator
of last week, over the signature of Northern