Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1870-02-18

our people. Whatever other changes
our necessities may compel / trust that
the high standard of qualification for
judicial position which has heretofore
obtained I'm our State may never be
'changed, altered or amended.r Hon
esty and capability have been and
should continue TO be the sovereign
tests of fitness. The judicial ermine
should ever he far removed from the
arena of politics. If there is anything
more to be Stunned than a political
| preacher, 1t Is political Judge. 1t
may be that you will be unable to fill
all these judicial positions by men who
are not qualified from holding Office by
the Constitution of the United States.
| Without intending any disrespect to
/ the fundamental law of the land or to
the constituted authorities, it appears
/ to me that you not only ought to have
the right to the widest range of sefec-
i tiUn for these exalted positions, but |
that you ought to exercise that right. |
it is a solemn duty which you owe to |
yourselves and TO your constituents, |
to the country and to posterity To elect |
our ablest, purest and best men, and |
If in the fulfilment of that duty your
choice should fall upon any who are
disqualified by the Sd clause of the
l4th article of the Constitution of the
United States, i would recommend the
passage by your honorable bodies of
resolution respectfully requesting
Congress to remove such disqualifica-
tions. l am satisfied that such reso-
luton would receive the prompt and
Il favorable consideration and action of
Congress.
The salaries of all the judges are to
be fixed by you, and while | am an
, earnest advocate of economy in all de
partmepts of the government, l am
not in favor of meagre and insufficient
e salaries for public officials, especially
{ for the Judges of the circuit courts and
c court of appeals. They should be suf-
ficient to command the most eminent
: ability. The lawyer who accepts one
D of these judicial positions, by that act
e banishes himself from the practice
4 and emoluments of his profession. I'm
:, less man of fortune, he Is dependent
solely upon his salary for his support,
and that salary ought to be sufficient
+ to furnish him comfortable living,
Il in keeping with the high position
n which he holds. am aware that the
; judicial system provided for by the
!. constitution will of necessity he an
= expressive one, but with the many re-
7, forms which may aud ought to be in
| u.
II thensome than our former system.
,f The expenses incident TO the ad-
Re ministration of the criminal laws have
II within the past few years increased
e enormously, mainly due TO the larger
| increase in the number of petty often
? ces, such as lar eny and ssault and bat
10 terry. A thorough reform not only in
= the laws themselves, but in their mode
p" of administration, is imperatively de-
Il manded.
IN 1t appears to me that all cases Of pet
er larceny, except for second offence,
10 and all cases of assault and battery
except with deadly weapon in fact
lP all crimes of lesser grade than felony
n should be summarily tried by a justice
s. of the peace, with or without jury, al
n the option of the accused, reserving
,e of course, the right of appeal to thu
!, county court upon questions OF law
IL and in cases of conviction, the punish
G. ment inflicted to be a fine or mprison
d. ment in the county Jail, or hard labo
,ir upon the public roads or elsewhere.
~ BY the adoption of this system, mt
l. by requiring that the value of tn
nc property stolen shall be at least thirt!
1t dollors to constitute the crime of gran'
of larceny, you will free the courts of rec
he ord of very large proportion of thei
| tlillllllul DuSlltNN, anu lllN NpnliiOil
wealth from n fourth to third of II
lu- criminal charges"
Ii Gases Of trial and conviction of lai
I'd. eeny, with mere suspicion of burglary
mt have lately come to my knowledg'
where the whole value of the proper
ty stolen did not exceed one dollar
UT and vet these cases went through a
for the formalities of arrest, eXaminatio
cry by magistrate, commitment in defau
an of bail to the county jail, a formal II
vestigation by the grand jury resultln
in formal indictment and trial by I'll
county court and q petit jury consun
to ing days at time and costing u
W Commonwealth from seventy-tive
ne one hundred dollars. Now, such cas'
the ought to be summarily tried by Ju
ce, tice of the peace in two hours, at q
or expense not exceeding five dollar
ba Every county and city should be con
PEELED by law to establish at as early
n.y. day as practicable, "a poor-hOuse, Il
BIC the care and sustenance of the innr
ary and helpless within its corporate Lin
,th- its, and in connection herewith,
80 | with the jail, a workhouse, where {
- Tenders of the class under considerable
the NAV be compelled to labor upon q
to public roads or I'm tilling the soil, or
ntil such other employment as may
lbly most profitable, thereby contributil
to tighten rather than increase the bu
~. thens of the people. In all our cour
INNS the compensation of all officers exec
pom the Judges, should be only the fees a
!. pertaining to their respective ofilc'
TO be paid In all cases by suitors, G
hs' ceDt In criminal cases, where eth
de- the prosecution fails, or the defenda
ion, has no property FROM which the f
pro- can he collected. While our cou
own should be freely open to all, and
,Iec- costs incident to litigation ought I
ton to be so high as TO amount, in Il
ions sense 10 denial of justice, yet IL
nrth right that suitors should bear, TO sol
5 on extent, the increased expenses tl
Ion occasion. | recommend that, In eV'
elec- civil case I'm a court OF record, fee
per tax of from three TO five dollars be !
N 10 posed to be paid To the clerk at
and commencement of the suit, and bef
hich any papers are filed or issued and
sent be by him paid into the Treasury
prO- the State.
his By such notifications of our law'
)n of / have thus briefly suggested, II
un. quite probable that at least fifty III
SEMI sand dollars can annually be saved
.hese the State in the administration of
shall civil and criminal Jurisprudence.
can .s,,,t,N, ron rNsA A Np' 'coI,oRED PEoP
rder- 40 ~ -
Is at Soon after entering upon the
hich charge of my duties as Provislo
per- Governor, | ascertaihed that both
that Eastern and Western Lunatlc Asyll
such were filled to overtiowing with patie
Com and that there were many insane /
% be pie, both white and colored, in the
par rious county jails, and other pl'
these about the State, where they could
/. IL he properly treated or cared for
sable seemed mperatively demanded
early some measures should be prom
Hing provided for the suitable care and
until tody of these unfortunate people.
and propriety of enlarging the Eas