The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-23
JUDICIARY SYSTEM.
HOUSE OF DELEGATES.
Saturday, January Is.
Mr.. Smr,b (efHrfbe) in eonelrGon.

mr.. Snrf6 OF Frf6e IN 6oScirfo1.
The constitutional objections to the hill
which have urged, are of fiich weight ia my
mind, that 1t feems to me fcarce necenarv to
make objections founded or It's irconyenicnce
But aethe gentleman from Spotfylvana T Mr..
Minor] has faid il will be more convenient than
the pre!cnt arrangement, will bris ay fupport
the contrary opinion.
The chancel!ors who are now in office are
to have no longer powers as fu, h, except f. far
as is nece.iary to hnilh the huiinefs depending.
in their courts. To do this will require 10, or
] s. or p~rhaps 80 years. undcritap1 forne
cafes IN the Richmond court have been go years
depending. have underitond that 80 lawyers
have attendedthc Stanton chancery court. Ac-
oor'iing to this arrangement they NUT attend
that court, to fnith their buiinefs, thrice 4
year for manv years TO come, withca. receiving
one other fee The docket will prefen.lv have
on it 10, afterwards S, and finally canf but
ftill the court is to remain the islce to have
his Elsry; and cou1fcl TO attend Certainly
this will he mott announcement.
The chancrry diRr9 courts organized by IN.
ewplan will be inconvcnient. The Judges will
not rehde at the place of holding courts. In
order that relief ihouId lie obtained convenient
ly from chancery court, tho chancellor, his
clerk, and council, Mould relide at the place
| of holding courts. The preGent chancellors
are conitrained to rcfde at the place of holding
courts and it has been Judged eilential they
fhould do 20. At tie laH felton,, leave wa. re-
futed to Mr.. Brown to refide one mile from the
place of holding his court. 1t feem'd to the
houie that be ought to be found at all times in
his office; as the court of chancery is al
ways open for the purpofe of granting writ,
or NJ rT"at, eerfiorari. injunction sc. Should
citizen of Grayfon now deiire to OBJ
tain any fuch writ, he has, it is true, to go to
Staunton; hut there he finds the chancellor,
his clerk, and eminent council. He obtains
| from each what is necef1ary, and returns. BIT
! IT the propofed plan goes into operation. he
Will have to ride at leaft an equal dieance to 7
Judge; perhaps much farther. He finds one at
length, perhaps in his tobacco field, where there
rs neither cleik nor council. For want of conn
Tel I've probably returns as he came; but if fuc.
ccistui, on going home he NUT ride rs miles to
the clerk, and the fame in returning. Thus he
will have to ride at leaf L. so miles further than
at prcfent, perhaps great deal more: and
without the fame certainty of fuccefs in the OBJ
Ject OF his Journey. This ALTO is inconvenient.
Inc oil IS not economical. If we pats it, we
| Hall have Is chancellors inffead of three The
expence will be very ferioully increaEed in the
hrft inftance, thus:
To the court of appeals, increafe, $500
~ ~ TIC" ChahCeiiors, 5000
| Increafed expence the tirft year, 1880
In three years the new plan will have added
to the public expenditure no lefs FUN thu.
40. 500 dolls.
! TIE bill is not economical in another refpeH
]: provides, that if Mr.. wythe fhonid denart
this life, his tslary fha!l not ceafe. One of the
other Judges is to come and hold his court
and to receive his falary until the buinefs is & .
nthed. That, we may prsfume, will REQUIRE
the lifetime of the judge that ihall f'lcceed to
this Office; during which time, he will receive
DOUBLE talary, amounting to +. $50 O O Der
annum. Bat as 500 {. only has been given for
| the aObole time Of Judge; and as lis 4uboE.
time is all the fucceeding Judge can give, he
ought not to lave therefor double fllary. In
this, therefore, the bill is not economical.
The bill is not perfectly impartial. IF Mr..
Tyler, the chancellor ut Williamsburg, fhould
fucceed to the firft vacancy in the general court.
which is nearly certain, according TO the proyi.
| hon OF the bill, the chancery court at Williamf.
burg Is to he broken mp, and the ca,lies to be
| transferred to tie court at Richmond Eut
| fhou'd Mr.. Wythe's office prove vacant, the
court At Richmond is not TO he broken I'D. nor
arc the caufes 10 he transferred to any other
court. A judge rs to come. & hold that court.
why fhoH'd the caufcs depending at Williamf
htrg be taken from that place, any more than
the caufss depending at Richmond be taken
. 1 '''"' 'G'i b'dtc ntIe removals OF calltes
from one court to another are highly ipiurions
to the citizens engaHed in litigation. Tins a
citizen having chancery canfe depending here
years ago, may have feed council, and exDend.
ed 40 dolls. on removal of his Caufe to Will
amfburg, he might probably rxprnd 10 dolls.
more. On fecond removal to Richmond he
may have to expend 30 dolls. more. The cauCe
may b. afterwards tranfmitted TO diRriet court.
where he will have to pay 10 dole. for the fourth
tire, owing to the vcrfatility of the Legislature
where paying it once ought to have been amply
| fufficent.
On confederation Of the whole bill, as II feems
TO nc, for the reafons have Aligned, to he un-
conhitufionl, announcement, not economical, &,
not perfectly Impartial; hope the motion for
.frikirg out, will prevail.
Mr.. Hara,ie folioqvrI Mr.. S,uyfb, ond 6ok.
at eogfdernble itnRtb not Eraking from no,et,
be qV0J nn0S'e 10 G6ER w in Ire reperfi1g ofhiJ
olIcr1dfio1J.
MR. SkmPLE,-I do not propofe TO notice
the details of the bill now under confederation.
fhall ak the attention Of the committee yyhilG
attempt an examination of the auction. can
the judges of tire general court be made chan
eeilors without violating the contribution, In
doing this, ] lhaiI preient to- the committee. the
reafoning of two Of the judges, of the general
court, who have examined the queftion at lar.e.
and have Demonstrated to my entire fatisfaeiion,