The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-27

"ctt.lus,i:nS an 10 III ihcNc new luuntSnfpS
TO occupy the hundred ne " clerkships there.
by created: and i, that numerous host of in
feriOr lawyers, whosaw thcir own ciev3t.o,
and emolunent, rs the direc, consequence
of the measure. The diminished confidence
of the people in a single judge I; the neces-
sarN decieusion of the country lawyers in
point OF talents. and the unavoidable un
SklinlaeSs Of The hast of clerks created UNI
der the act ;-causes all combining, in III,
%cnsiGent degree. to dctctiorate the admins
~tration of Justice under the new system. and
multiply appeals in an lGctedible degrec:-
All these consequences Were overlooked Or
disrcg .rded, 5y those who were eager to adj
vance their own particular interest and
even seem, for a while, To have been lost
sight of by the people themselves. The,
seem fora while "a have forgotten, that even
the excellent principle Of rendering justice
convenient to tho people, may be purchased
at too high Il price and he carried to an in
convenient and ridiculous extreme Ia -
HAT extreme could no; Is citrrirti further,
unicsS the judges were made TO administer
Justice at the very houses of the people
l am far from imputing improper motives
to any individuals Whatsoever: but it cannot
be concealed, that the lust of Office has ia
Ken toe deep a root among us and while j
am. otherwise, awarm advocate for the svs-
tenn OF appointment By the legislature, Ihad
almost fallen into the su,ecism of wishing,
that the power of making laws was deposit
ed in other hands. This lust (,ike the plague
of the frogs of old) has Come Int oar bed
"Chambcrs and our houses, and upon our
"pcople and into our ovens and kneading-
" troughs" (b). 1t has so insinuated itself,
under the guise of promoting the public good,
that it requires all the vigilance of the dis
Interested part of our citizens, to guard "a
gainst the effects of its Vaccinations
Ihavc thus brought myself TO believe, that
the popularity supposed TO be attached to
this law is unreal that it is merely ar
tlhciai and temporary artificial ; as be-
ing kept up by the continued e~ulogies of
those who find their interest in the delusion {:
and tenf0rary; as depending upon the i'm
posing principles before mentioned, but
which will vanish as soon as the ovfr6a-
huncinS evils and inconveniencies resulting
from it are perceived. If the popularity of
this law be inferred. from the circumstance
OF there being no petitions against it, the same
NAV be Justly said of the district court law !;
while too, the latter was in a fair course of
execution and experiment. Some other cri-
terror must therefore be reSorted to, to shew
a preference in point of popularity, of the
former over the latter: and when it is con-
sidered, that the former arose from a sudden
and spontaneous impulse of the legislature,
whereas, the latter had long been called for
by public opinion, and was in fact, the third
act Cc) passed upon the subject, the evil
dencc of public opinion would seem to pre-
pondcrate in IFS favor.-ln addition to the o.
ther evils Z" h!ch have been already glanced at,
as resulting from this measure, may be men
TONED, the necessary and unavoidable de-
CLEMSON OF the county courts, IN point of pow
er and responsibility tribunals based in the
prim1val habits and affections OF our poo
pie, and richly deserving the encomiums of
the venerable Mr.. Pcndieton and the saga
cious statesman Mr.. Giles (d). / need say
nothing of the very. probable case, of the
iJndSe assigned to these courts becoming SUI
perannuated, or otherwise, disabled from
dlscharging the duties of his Office. In that
event, the justice of a 7vhoie circuit would
be wholly suspended and denied. A circum-
stance such as that which has lately prOdu-
ced embarrassment and Inconvenience in
the court OF appeals, would exhibit a rage
dy in relation to the justice of one or more
circuits Is it intended that this state of
things shall be submitted to-? Orthat, ha-
wing get the people once committed ON this
point, a rev tier of additional Judges shall
be appointed!
can, therefore, scarcely think that it is
yet too late, FOR the legislature to rctrace
their steps OH this subject; to dissipate the
artificial and t'>eting popularity, which has
been, gratuitously, attached to a measure,
the consequences of which will evolve them
selves, 10 the great injury Of our country,
when the act Shall be put into a state of Exc
%cntion; and to arrest, in OVO, those evils
which are gathering, like a black cloud,
from the measure. If you want a hrccedrnt,
ON this point, / refer you to the act Of 1888
repeating CATER a previous suspension, } the
district court law of 1887, after it had even
com ncnccd It's operation in part, on account
OF objections and difficulties, which were not
toreseen at the time OF its passage, but were
pointed ont by the Judges: Another instance
may he found i'll the suspension and repeal
OF the assize law of 1884, of which the great
AfadiScn was the author, but which was
subsequently abandoned, OH account of it's
making too great an innovation in our code,
and consulting, too little. the ancient habits
and opinions Of our people. The evils IL the
case before us, like most others, are more
easily prevented than remedied, after thev
have beial;cn us--ButifI am mistaken in all
this: it the Legislature shall be # "A differ
cnt opinion, o. hold itselfbound to carry the
law into operation, all its defects and con-
sequences Notwithstanding it is, at least,
their duty toadopt energetic and cocUat mea-
sIres, to counterfeit and mitigate them.
One os those evils, beyond all question, is
the clogging up the docket OF the court of
appeals, in an incaiculable degree. This
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