Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-12-21

The corporation and county courts.
The superior circuit or district
courts.
The general court, and
The high court of chancery still
leaving the court of appeals to consist
of all the judges.
But, some of them were not able to
perform circuit duly, which produced
a remonstrance, to the General Assem-.
bly,, in April 1888, signed by ten of the
Judges, complaining OF the unconstisu.
tionality of some parts of the new ar.
rangement, which, terminated in the
appointment Of FIVE Judges to the court
of appeals; one to the court of chan
Gerry; and ten to the general court,
with power to that court, to allot two,
to each circuit.
The system was then compleat; and.
in my Judgment, could not have been
improved; but By giving to the gene
raj court, appellate jurisdiction, from
the circuits.
The courts then stood in the follow
ing order,
Ihe corporation and county courts.
The superior courts of law.
The general court.
The high court of chancery, and
The court of appeals.
The friends of reform having sue
ceeded in The establishments of these
courts, began to turn their attention, to
the high court OF chaucery, and verv
Justly complained of the delays that
took place there.
he judge was old: the docket was
crouded: and even the hope of his get
ting through, such mass of business,
as, had, accumulated upon him, was
given up on all hands under these cir.
cumstances, it was agreed, to divide
the' court, and to appoint two other
chapcellors, one at Williamsbu and
the other at Staunton in the expecta-
ton that the business would then be
! done every where but this only gave
relief to the people Fast and WEST:
for time soon proved, that the venera.
bic sage, who presided, in the court,
at Richmond, was too far advanced in
years, to do even the business of dis.
trict; and many supposed, that a Judge
could not be found, who could, in any
/ reasonable time, SO through the dock.
ct. But, this opinion, was soon given
up, when the present chancellor took
place.
Before this, however, the delay, in
the court of appeals, threatened much
more injury, to the justice of the couu-
try. But, twas agreed, that, this, was
not the fault of the system, but of the
court; and might be rcmedied, by re-
dueing the number of judges, from 6ue
to Mree, which would be sufficient bat
which could only be done, by an act of
the. Legislature, declaring thar, the FIRST
ewo vacancies, in the court, should not
be filled; and law to this effect was
passed.
And 6rStbyt the resignation of Judge
Darlington, and then by the death OF
| Judge Lyons, this court, was reduced,
to, its present number Of three Judges.
.EEMore of this hereaftcr.1
This was boasted of as such an i'm
provement in our judicial system that
II was then supposed, but one more
thing remained 10 be done, to make IL
Iperfect, which was to add three Judges
to the general court, divide the state,
into thirteen circuits, and ailot one
Judge to each circuit, who should hold
court in each county therein: and
which was accordingly done 49,
/ But, still the friends OF yefarm are
not satisfied. They now say that, a,
they have carried the courts of law in
to each county, they should also carry
the courts of equity and so they should
if there be the same reason for it.
But, apprehend, there is not. How
ever, let this be examined. Atlaw. tn,
trial is by jury upon barol testimony
in chancery by single Judge, upol
rvritten evidence. At law, the partie
, and the witnesses, are indispensable
; on trial /; in chancery neither partie
nor witnesses are ever expected; a
7 the issues are generally sent to I'll
courts OF law. At law, it was though
: more reasonable that, the Judge shout
: attend the suitors where their witness
E es were, in their respective counties