Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-11-26
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THE COURTS OF APPEAL OF VIRGINIA.

THE COURTS OF APPEAL OF VIRGINIA.
To tie Lawyers oftls Convsnto~:
The Convention having wisely determined to propose
amendments to the State Constitution for the adoptio,
of the people, the writer ventures to suggest to the
consideration Of those mes. conVers.pt with the struc
and operation Of present system Of Appellate
Judcature the great and growing necessity Of such mod
iA,atons in that system viii secure prompt nteII
gent and uniform administration of justice In the LAST
| resort.
BY the present organization, We have Supreme Court
of Appeals with jurisdiction Of both civil and criminal
cases, Special Supreme Court Of Appeals, and Eve Dis
trict Courts Of Appeal These last each composed o.;
one Judge of the Supreme Court Of Appeals and four
Circuit Judges are in the opinion Of many, useless and
cumbersome 6h yhsss to the system. It Is fsd that
they meet once or twice year TO try small cases from
one to half doxsn In number, necessarily decide them
pretty much ofhsnd, without the opportunity either Of
consulting the citations made argsndo Of making 10.
vssigstions of their own, or of proper legal reflection,
and then adjourn TO repeat the profitable solemn.
ties elsewhere It is certain perhaps with the partial
exception of the Lynchburg disrc that every appeal
of any interest magnitude is apt to 90 directly from
tie Circuit Court TO the Supreme Court Of Appeals and
thus the twenty-five Judges Of the District Courts
mianuualy called from their appropriate and pressing
duties to dispose only Of the debris Of the Supreme
Oourt-cases which, indeed, II entitled TO appeal de-
serving Of revision at oil, are as much entitled TO the
consideration and judgment Of the highest Judicial tribu.
nal of the State those Of larger peounary magnitude
since small sum Is of greater consequence to poor
man Il big to rich one, and may involve prin
cples of Is much ficulty and mportsnce-sound rea
sons which in England where the sterling principles Of
equal astce prevail, are allowed to authorzs appeal
(by way Of motion for trial no~-sut aisi to the
Court of Common Pleas Kings Bench, In . case II
G5, as readily "a In . case of $4,000.
Even those gentlemen of the Convention Of IS50-5l,
who got up this plan Of the District Court Of Appeal 40
knowledge that 1t has proved failure The TAO, dem
olsatsd indeed the present condition Of the Supreme
Court o. Appess whose docket the District Courts
professedly created to keep down. IL
No blame Is attached to the honorable Judges who
compose the District Courts the failure IL due to the
vice Of the,systsm, and not TO thsm to COUNSEL
Gentlemen OF the bar their clients naturally and ~isc
" prefer to follow 10 send important cases land almost
every man deems his case importantly TO the Supreme
Court Of Appeals made nov easily accessible By inprov
facilities Of trivs whers they DO fully argued and
decided under the light Of the larger Libraries public and
private Of the Capital and BY the ablest Judsesiu the
State. The business Of the Supreme Court therefore
full and overwhelming. Il has than I. possibly
get through with The doekst Is crowded and the Court
Is three years behind hand It can never catch up at
present organised There Is regular increase Of
cases, while the working power Of the Judges RENAME
the same. OF course the accumulation must 90 on
From Magma Charts to the present time speedy ustes
has been esteemed one Of the great public rights Of
freemen, and the svs delay" rsckoned By the best
observer Of mankind among the chief ellis chat fesh
is heir to-" Il certainly has bsen great one In Vrsins
The last Convention found the Court OF Appeals
SIX years In The present system Was Organized
in view of tia. evil The manner ia which Il has failed
Is due partly 70 neglect Of the Legislature and partly
to Inherent delsos The Constitution provided for 3D.
preue Court Of Appeals, Special Court Of Appeals,
and Ave District Courts Of AppeslsL Il was designed
that the Special cert should b nnediAsy Organised
and taks charge q esss q Tie dsskst Il The ed D.