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 The Supreme Coiirt of Appeals of Virginia.

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parties, — the name of the prisoners' counsel no provision relative to the then existing is not given in the report,— and it doubtless judges of the Court of Appeals. The five had its weight with the Chief-Justice of the judges under this new law were elected on United States when he rendered his cele Christmas Eve, Dec. 24, 1788, commissioned brated decision in 1803 in the great case of December 31, and qualified in the following Marbury Î-. Madison, i Cranch, 137. A spring. They met June 20, 1789, and pro modern writer J of recognized ability says the ceeded to business. Considerable confusion Supreme Court of the United States has no arose out of these numerous changes, as may prototype in history. To all intents and pur be seen by reference to the " Case of the

poses, was not Vir Judges," 4 Call, p. ginia's court of last 135. There were no resort under her first changes of any im Constitution the ori portance made in the ginal model? The court until the Con view of the origin and stitution was changed growth of the principle in 1829-1830. The that a court can de number of judges are clare an act of the the same to-day as Legislature void, here they were then. presented, is conceded In the history of this by the most painstak great court we find ing writer on the sub no revolt against the ject2 to be the correct past, but a persistent one. The laurels be-' and steadj' progress. longtoWytheandPenPeople of Virginia dleton.3 The Admir blood and all others alty Court ceased to ex can take a just pride ist on the first Wednes in her la%vs, and those day in March, 1789, who have interpreted tliat being the date of them. The court the commencement of elected on the 24th the government under of December, 1788, the Constitution of consisted of Edmund EDMUND PEXDLETON the United States (5 Pendleton, John Blair, Wheaton, p. 423). Peter Lyons, Paul On the 22d of December, 1788, the General Carrington, and William Fleming. Assembly passed an act amending the act Edmund Pendleton, the first president of constituting the first court of appeals, which the court, was the son of a respectable man provided that henceforth that court should who was too poor to give him more than an consist of five judges, to be chosen from time English education. Mr. Robinson, then to time, commissioned by the governor, and Speaker of the House of Burgesses, observing to "continue in office during good beha the brightness of the young man, took him vior " (12 Hen. stat. p. 764). The act made into his office, and taught him law. Pendle ton showed all through life marked gratitude 1 Hannis Taylor, Origin and Growth of the English Constitution, p. 73. for this early kindness. After he came to 2 Carson's Hist. U. S. Supreme Court, p. 120. the bar he soon obtained a good practice in 3 The court had no reporter when the decision was the county courts. His practice rapidly ex rendered, and 4 Call's Reports, containing Commonwealth ч. Catón étal., was not published until 1833. tended to the General Court, where he rose to 40