The Virginian

To the Editors of the Virginian.

Gentlemen--The civil docket of Campbell quarterly court, contains more than 700 cases, ready for trial. Besides this there are numerous injunctions, attachments, and motions of various descriptions, and whose speedy determination is required by justice, and by the situation of the suitors. Such has been the pressure of business in that court, for the last three or four years, that there are examples of attachments, the most summary species of judicial proceedings known to our Laws, remaining for that period undecided--to the unspeakable oppression of plaintiff and defendant; one of whom is by this delay, virtually deprived of the power of collecting his debt, and the other of his property, without its being applied to the diminution or the extinguishment of his debts--and to the illegitimate advantage of the officers of the court, who by their fees and charges, contrive at last to retain the property attached as their own. Instances of hardship from extraordinary & unreasonable delay, are numerous and occur indeed, in almost every case. Did this delay tend to relieve the oppressed debtors, by operating as a prolongation of credit, the complaints of the creditor, would be in a degree balanced by the advantages thus gained to the debtor. But the experience of these hard times has demonstrated, it need not made it evident before, that the postponement of payment is in reality more destructive to the debtor than to the creditor since interest accumulates upon principal, and costs upon interest; and the sacrifice of property at last, under the sheriff's hammer, is more ruinous, than if it had originally been made by the free agency, and under the management of the party himself. Persons in difficulty, are apt to console themselves with the hope of being able in a short time, to extricate themselves from embarrassment, by some untried shift or experiment; and to this end, they are apt to deviate from the line of their ordinary business, and to engage in matters, in which they are ignorant or inexperienced. The hope, even against hope, is the constitution of human nature; and the power to do so, is the most useful function of the imagination, and the best argument of a benevolent providence. But this hope as often proves fallacious, as one might reasonably expect from a good calculation of the chances and in nine times out of ten, the creditor finds the party in a worse situation to pay, than the writ of capias ad respondendum had left him.

These general remarks are superinduced by the extraordinary course pursued by the quarterly court of Campbell at the last term. On Thursday evening, the court after a session of four days, had despatched those matters which always occupy its attention during the first days of the term, but which are in reality, the most important of its business. It was expected by all parties concerned, that the issue docket would then be taken up, and such progress made, as the length of the days and the zeal of the bar, the court and the clerk, would admit.

To the surprize and indignation of every disinterested man, three sitting magistrates (or a majority of them) at this stage, foully consulted amongst themselves and determined, not only, that they would not sit after that day themselves, but that the court should be adjourned over to the court in course, thereby precluding other magistrates who were ready and anxious to discharge the duty to the country, they had solemnly undertaken. In this illegal conduct had been pursued avowedly, consequent of the oppressive times, and the willingness of the justices by this means, to mitigate the sufferings of the people, though still illegal, it would have been somewhat excused, by the humanity of the purpose. But this was not pretended, and those who have condescended to examine into the motives of those magistrates, who had the chief agency in this affair, have traced them to a pitiful intrigue, set on foot probably by the Deputy Sheriffs who are next to act disgusted to exclude the acting deputies, or one of them, from commissions which would have accrued on judgments rendered at this term. It is, Messrs. Editors, a matter of great indifference to me, personally, which of the Sheriffs shall reap the rich benefit of these commissions, or whether any of them shall enjoy them, farther than strict justice to these individuals is concerned. Certainly if the acting deputies were fairly entitled to them they should not be deprived of justice, by a complot of the very men who have been selected to administer impartially, the justice of the country. But this conduct of the court, presents considerations of a higher nature. These magistrates in their sovereign capacity have actually done that, which the Legislature of the State, though frequently solicited by petitions, and almost constrained by the situation of the country, have repeatedly refused to do. They have shut the doors of the courts of justice, and in this have gone further than to suspend executions, since they permitted no judgments to be attained. It would be indecorous in me, to point out to those gentlemen, the radical distinction between the duties of a judge and a legislator, since from their exalted offices, I must presume them acquainted with these little affairs, but I cannot forbear recommending to them an attentive reperusal of their statutory duties. & of their oath of office. If they will give these articles a just examination, I am persuaded, they will agree with me, that they have incurred the hazard of an impeachment or at least the consciousness of a shameful dereliction of duty. If feelings of personal resentment, have inflamed the conduct of any of them, I pray such to consider, how far the indulgence of such passions is compatible with the faithful discharge of a public and a sworn duty.- Justice is the right of the country, and if they will not administer it themselves, they should not restrain others from dispensing it.

I trust Mess. Editors that you will deem this a fair subject of newspaper reprehension, and that you will admit these strictures to a place in your paper.

CATO.