Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-02-18

81 Mr., President, it is enough to state, shusS
H hric0y. tho object OF this amendment rs
g needs NJ discussion, and if did, there Is no.
8 g time for it. | trust it will be the pleasure o's
ssssthe Convention to adopt it.
ii Mr.. CHAMBERS. Il desire 70 cali up "y s
III sncndment which I offered d lev Gays aeo'k
6 and which nos lies on the table Of THO oeSreS
il tnry. =. i,+ ,.,, {
'ge 80 49, i;,r in section |, article VI, whichs
'Mce=ds: g. /
= ."rhe indicial power shall be vested in II SUI
, Z: Z sr,on, Icpr. Of Appeals" and insert the fol-;
iA!nwtns il, Leu thereof:
=; .TGsJ Judicial power shall be vested in two;
'HSuu!cmc Courts Of Appeals to consist to three:
2 iudscy each, one to be & court Of Law, the other:
E4:a court Of equity, tho Jurisdiction Of which ex-i
fEcept as conferred by tsa Constitution, 70 be:
'S##regula,ed by law" .
III Mr. CM4%BERs.-I waS one Of those ~hot
liS we're opposed 20 taking up and going INTO;
HM:mendlnents Ct tho Constitution at all, conf
luscious, though | was, rs any man on this hoori
. Sssor the necessity Of doing SO. | have not oeeni
,:Kclected by my people With any Wow to this;
:s:matley, and | have TO charter b. which to act M
c".sin the premises.
sE3 Ia: as sc have taken up these amendments.
,Ei;t is surely cur dnty to cndsavor 70 correct al
Fa1ac>cLS, ard 10 apply remedies. /
ia TIE section which l propose 20 amend, l ;
E;G:supposc, viii be conceded by all TO bc the most:
~: ;r.aar'an. one in the Constitution. Tho OBJ:
Ei:j.c; Ct 81 governments Is, 10 protect the r'sntsii
E:5oE pe.sons AMI property. The judicial de",,
apartment of the government, which alone:
z::yTes security 10 them, is the most important;
FIG; I'll inc departments Of government.
* What IS tic state OF thiags in respect to the:
s;Court OF Appeals as it exists in Virginia ; We
h:are tu;I inst It is two or three or perhaps Jour
~sssvears behind its time. In Other words, if an
, sssnthor case vas not brought boiorc that court;
: Iii; would ;ake four years for il to clear Inc pre-,
'a!Nssnt docket. Is this Il state Of things TO DO:
rES attended to III 4 country where al have equal
; ss33righ:s, and where the administration OF justice:
ss::should DC prompt. What is the object VI this!
%Ea!corr:y It is twofold. First, to settle questions:
:;;:hc:~ uca nan and man; end secondly, &c Co;
E:Ssfae and settle tine great principles OF Law by
i which wc are all 10 regulate Cur conduct.
s. D3cs i. do SO? Why Z maa VINO has u case;
4 Gin court now nay not have i: settled during:
:. saahis lifetime. Lot US euPpose a case that may
'Hwoil occur. Suppose . question Tas raised rs!
Ito the cons;itn.ionality OF the ordinance passed.
1ahy his body, called the stay law. When
|, :MawoulG that question be settled? | thil!E: the
: ;Hsrentlcrnan from Augusta. tS!r. S!rAEr} SAT-!
7. a''the other day, that j. would probably taku i've
: :ssvears 10 settle amy question tlat went ioto taa:
Il Msfcourt.
ST Now, sir, ~ !. probable ,ha.. this stsy ls~
rEiSwiil continue i've years in force? | should
:" "sharGly think 50, ard yet unless i: did, tho dc
= IIaac;si0n Of the Court OF Appeals with reference
I l. ssssto its consti.utionality would 60 d 10 Avail
= iIA question Of this character occurred IN cur
SsEsistcr State Of North Carolina Titi.:n tae last
= ms5asiix months and in less taaA nire days the
:. M#oaes.:cn iisG gone through :hn Circuit Court,
: > sslup 20 ibe Supreme Court, and the CoaEl GRO
Einouccad upon Il. According to tho EXISTING
%!i.s.ate CT things in Virginia III respect to tie
: @Cou-t o! Appeals, five years, according 70 tho
sa~.statement Of ,hu gentleman from Augusta.
':,,a:wouli e!ause before T. decision car be rendered
' " Elm n s;miiar cas-. in this State.
IA Nov. SIC, hc~ is til; ;i.iEg 10 be lenedied
:, ,EHas this Body GoGu anything 20 remedy it?-
has been . srea: USil FOR years. We Al
!. s;tcrnntad to c1rFec, il IN tho CoAvtntioa u!
@lS5Q-'5l. Ne thought, ~ creating /. Spec!a!
=. EaCourt o. Appeals, th't !. wcu!a ee enabled to
's'iRdo not only al til: rcGuia: business, out u
sr!H take charge OF tho accumulated business apon
VI :sthe uoiirI CT Appeals LockOL What Is 5he
- IIiGIs.conditi5n al !"'GSS Ho", "Tri with lie nd OF
"' ESthat Coart : i"u hive ap1iiShcd tie District
:. MCour.. You i'ar" Ggi lie -iHs;ated the Genera.
" fICourt, and ron LAY, .. ltr. same time, that
= ~ Justice has baeG administered. III "a repcos2h
~ ~ ii.and 4 shame 10 ,he State, that The s!ato o!
!.i.:;hings which this Coir: of Appeals presents
-, ,oo!hssshculd be suffered 20 exist
WHAT IS tGc proposition which | nave SUB
TINS. we shai! have tw1 separate and
.-G,inaepcnipnt Courts Of Appeal, 20 consiS! OF
%ir.:.3-:e Judges r.ca oAa % D.. u court Of cqui-
,"IHi;y. tie c.3e: 4 cOur; ii ia~. This arrange
-. 4 iIant viii ci"vG': :5e character Of tie STATE,
IL .s.r3 C,-'l...F, ~, ,ifcratDl II b,,.;pncc ,,hfrh
. Els nom So mucl nea&ed. Instead of ha@inc
Jud"eS-Ggc "a tsc SPECIAL Couv: Of APP
=, sSpesis ARD five ii the Circuit Court-you will
- ssshave but SIX. You limit the jurisdiction OF
ns:%sthe Cour: ii appeals 10 three hundred dollars.
- 3; WWhe:eiol IS that jurisdiction put upon il
"..Look 20 me mon.rcaical government Of Grea,
-1Ia:Erit2in, and what 10 we lind is tho limitation
af#tacro: Only i've pounds sterling And yel
are compelled 10 put the limit ct three
'I&5hundreG GuiiaTs; and iOr what reason: Be-
!~aallcause Ct ou? overourGened Court. We have
- A::to suit The Jurisdiction 10 the business. Pass
! ::a,his amendment. and il will enable you &c re-
sNduce tee Jurisdiction, and enable tho Cour;:
SI,hssto discharsc all ,hu business th.: Gomez before
- 's&ai', beside: the accumulated business nov On
y s5azthe docket.
I have been ted repeatedly By moro than
gentlemen lha: It mas nso!ess 70 reduce
:. Esthe jurisdiction, ard that, if any reduction vas
: tss%attenpted. j; would not DC sanctioned hy nc
&: Conrentioa. Cpna wba. p~riucipl: il is l.Ai
1-.sssv ran, i.,n.r h:.y. h.73u,hs their minds To tnis
~ i: concius!on, ! cannot Se". II this 10 AZ admit.
u E;rcI rri.yauc. snd If i b3 the ;.np.y.;iye Guty
lcfss - :, 49, -. 80
o,EEaoi '"'S Aio"re ~ 'FiiVs" Il, aun I'LL y'u "'"!o
responsibility II CT@aGiS ne ibis court IL
0Eam n. E., -.,-a, ,.o,, -,
..''HWest do no: fuel this grievance, and arc satia.
b-;s g. "A .h,, u.s. r.,-, t,nn1l .r.,: DC ~ ;u
E!warr,; rsn ,,,, ;Ir,o =. rrr,e r,ry.r6 and n;5