Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-03-17

an the rules 70 plead So as to bring cause
10 issue, must be held in the court; so that it is
generally years after suit isbro't, before
il can be put upon the trial docket. Taking
bail and holding the rules in court, retards
the business Of the court very much. When
a cause is ready for trial, the mode of i'm
panneliDg jury is very tedious, whereby
delay is produced. After judgment is obtain
e6 and execution issued. the debtor may a.
ny time within sixty days, supersede the ex-
ecution, by giving what is there called SUI
perssdess bond, by which the party credi-
tor is delayed in Obtaining his money
six months longer.
Again the execution docket is called over
in court, this also occupies the time Of the
court. The proceeding are some Of the
most fruitful sources Of delaying the busi-
ness in the Washington court.
These evils the proposed bill does not
propose to remedy, but in partial man
ner.
But il may be asked, can this evil be re-
NEEDED without dividing the county OF Wash
ington-I answer, yes, in much more SIM
pie and effectual manner than can be ct
fected by the proposed bill. Adopt the
rules of practice which are now adopted
in Alexandria, which are the rules OF the
courts in Virginia, and let all writs be re-
turna5le monthly to the Clerks office, let
bail be taken before magistrate as i: is
in Alexandria--let juries be impannelled
as they are in Alexandria, aud the eyecu-
ton returnable to the clerks Office, and
let all the rules taken in cause to bring 1t to
issue, be taken in the clerks Office be-
lieve the judges of this District have seen
and felt the great advantage which the prac'
tice as pursued in Alexandra has over what
is the practice, they are obliged to. observe
in the Washington court.
The Chief Judge in the code Of laws he
had prepared Tor this district, had adopted
the rules of practice as they now exist in
Virginia. The business in Alexandra would
be the same as it now is. Georgetown
would take of but small part of the crimi.
nal business of the present circuit court of
Washington and if the attorney for the
district would devote himself for a few days
each term, entirely to the criminal business,
and prosecute it with system, vigor and dis
patch, there would be very little difference
between the expence of the attendance OF
| witnesses in the present circuit court and the
proposed district court. If the superior ta-
| tents of the attorney are so much valued as
they deservedly are, in civil :causes, as to
make it necessary for him to divide his at
tention between the civil and criminal dock
ct, let him have the power Of appointing a
/ deputy, who would attend to all the prepa-
ratory proceedings before trial. am salts
! fed that the experience and promptness OF
the present district attorney, with the assis-
lance of an able deputy, would enable him
/ to dispatch the criminal business sooner in
the circuit court than it would be done in
the district court by less able attorney.
| 9th. As TO the per diem allowance to the
clerk, marshal and attorney .-This is pro-
posed to be discontinued in the District
Court. Why should this be done? Is the
expence so great as to be all object with the
United States Why should the allowance
be made in the proposed Circuit Court
Will not the labor OF these officers be as great
in the District Courts as in the Circuit
Court Why should not the clerks, marshal,
and attorney in this District be paid this al
lowance by the United States, as well as the
clerks, marshals, and atlornies OF the United
States who attend the United Estates Courts
in the different states and territories in the
Union? The people of th.s District have
been taxed by Congress, and pay the same
taxes into the treasury of the Union which
the people of the States pay. They are SUBJ
iect to all the burdens which the people OF
the States are subject 10, arising from the
laws of the United States, such as militia
duty, &c. The clerks, sherits, and attor-
MES in the state courts are paid for their pub
lie services out of the state treasury, and not
by levy on the people of The Counties
Such ii is known to the writer OF these re-
marksls the law of Virginia.
49, ~. h.H;HS ,nI 7 ,,DIor-