The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-02
FoR THE ENoUIREa.
COURTS OF CHANCERy

It was foreseen by the petit Isers, for Z.
division OF the Chancery Courts, that every
~. would be used. to defeat this great pub.
lie convenience: it was foreseen, that great
majority Of the legislature would favor this
measure, and that the opposition would not
venture open and direct hostility toit, but
would by various projects and rumors, at
tempt to perpex, confuse, and divide the
friends of the change, and in that way de
ie.e 1t: this has been verified varinus.re-
ports are spread some say that the
Judges or the general Court will refuse TO
execute the law: That the plan pe,itimed
for y unconstitutional that the judges and
chancellors are of this opinion: that the
prescn, chanceliors will most certainly re-
fuse TO carry into effect the proposed plan:
aud iin;,!y, that the chancellors are above
the legislature that their salaries Cannot
be touched, &c &c. Al these reports are
without the least foundation. The Judges Of
the general court had a meeting ~ Richmond
at Rae last general court and conferred to
gether upon this subject, and not ore HIS
animated an intcntIon 20 refuse to- execute
tue law touching The chaDcery courts, provj
dcd they are commissioned as chanceltors
aud not one al the inds,s of that coart has
intirnated that the measure would he an
constitutional. Tie Chancell0rs will not
refuse, whatever may be said 10 the Contra
hich will be made, in strict conformity
with the constitution. should be glad to
sec the judge who would resist til. " shes of
his Country, IN so important a measure as
the one proposed; he could not stand il long,
he had better be- dead, the finger of scoru
would point 1t him wherever he moved ; 'ie
Is 10 patriot who would from selfish no
tivcs set himself up ia defiance of the lie
gIsla gre aid the people, even if he had the
power
As 10 the salaries of.he Chancello,s. they
iHay be raised and may be reduced the
salaries Of the judges were once 50OL per
annnm, they were reduced to 1901 then
raised and so changed from time to time as
litsuce required, always taking care 30 make
chem adequate NOW If they cannot be re
duced, when the business of the Court is
reduced, certainly they Cannot be raised
a doctrine the Judges would not like; ana
| aver .hat in my opinion, and in the opui-
oh ri far ADLER men, the chancellors NAV be
rt duoed to the same salary as is intended to
lac gwen to ttic Judges CT the Genel al Court
as Chancelurs. Ii is contemplated, that
three Chancelors shall be also made JUDGES
OF the General Court, and placed in Cir
cults perfectly convenient to them and un
til that can se done they arc to receive their
present salaries. Now, what injury is intend.
cd them or the Judges oftbe General Court!
urely none but OH the contrary, an increase
OF salary, and as to the ChanCellors a de-
| crease of business AID relief from their pre-
sent confinement: Bat the Chancellors and
Judges must not be alone considered the
lfeohie, their intereSt ard convenience, ought
also 20 be AIKEN INTO view.
! Of ali attempts to- prejuticc the proposed
measure piece III the Enquirer signed \.
| y. is the most uncandid, bsclusc it ), said
! 20 be written by person OF nigh standing,
VINO Is Known TO be personally hostile 20 al,y
division of the courts; it would have bae;I
I yell cor ihis writer 10 nave considered wh--
tier there was not some inproprlsty, in hi
publicly prejudgirg the coast;tutional,y of
the plan proposed; and whether for other
reasons, he ought NOT to- refrain from utter
iering in the proceedings of the Legisla
ture; remember his own doctrine, the Lee
gisature and judiciary ought to be distinct
and independent Of each other
This writer makes great noise about
violating the constitution by adopting the
plan petitiCned for; talks about the indie.
pendence OF the Judges that unless they
will ali come in and voluntarily resign their
commissions, the Legislature cannot make
any arrangement: Is this candida AS TO
the constitutional fight at the Legislature to
divide the Court CT Chanccry, a o. viii
not venture to deny it; the Old General
Suu'L Was lHt ODly superior SON1t OF CDan-
cery from the revolution until about the wear
1888, when it was divided from the CON
mon law Court the present Chancellors
hold their Offices IL consequence of divisi-
on of the Court, AMI if the Assembly conld
divide it into three Courts, they may divide
it into three hundred. is there any intent
on to inju or remove any Judge or Chan
cel!orI Cerain!y not--thcy are offered adj
ditioBal commissions and additional salaries
can they complain? Eo-they ought not,
and will not refuse to accept new appoint
ments with additional compensation TO
wit, the Chancellors to be Judges of the
General Court aud Chancellor Of Circuit,
and the Judges of the General Court to be
Chancellor of their Circuit.
Bat this plan of matchmaking" the
Chancery and common law Jurisdictions in
the same Judges, seems particularly to c5,-
cite the Indignation of Mr.. n. 0. he pro.
nouHces il absurd, Ridiculous, expensive and
unconstitutional and without any arguments
or reasons to prove it, concludes that his
dictuDi is sufficient authority, and finally
consoles himself that this rreFosfer0us hia,i
must be, and is given IN IoreVer. lie is
very much mistaken. IL IS the best and
least expensive plan yet suggested, and il is
that which the people petition for, and with
all due Difference TO a. .. ] think some
regtrd is due 20 the wishes of the people,
In what is this plan absurd The Chance
ry and common Ias jIrisdicii0Ds. were II.
bited in the Judges of the General Court un.
I'll about Inc year 1883. the two jursdic,i.
Gus are united in our County Courts; IN tiis
Court IF Appeals and iu the Federal Court