Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-06-04

and support Of free and enlightened people
The system ia question, was originally invent
Ell under the despotic sway of the Ro.nau
Emperors, and subsequently admitted, iciih
grenf reluctance, into England. Yet, in Yir
giniG, the trainers Of the Bill Of Rights, have
with remarkable inconsistency, (occasioued
no doubt. by unaroidabie haste and inadver-
tence,) made it a part Of the constitution of The
state, and thereby .fTcctually prevented our
getting rid oft, except by calling conven-
tion
| Pwo remedies for this evil, may be- suggest
ed either Of which might be adopted by a
conv entiOn. The first is. To retain the present
| chdncery courts, 60 n0mtne, with all the powers
they nov enjoy hut to require them 10 intro
duce the trial by jury, (insiead Of the chancel-
lOr's deciding upon the evidence in the ordi.
nary course Of the court, and also the exam
NATION of witnesses rfrG uoce, whenever their
attendance can conveniently be obtained. The
other, (which ought, perhaps, to b. preferred,
because It woald simplify our Jurisprudence,
ana relieve US from an unnecessary number Of
couris,) would be to enable the courts of com
mon law to give, in all cases, such relief as is
now obtained in courts Of equity. only
measures requisite to accomplish this. appear
10 be such changes in the forms of pro- erding,
as the Misdom of the judges might easily de-
xIs-. BY authorising equitable claims tn be-
exhibited on the part of plaintiffs; equitable
grounds OF defence tn be relied upon 10 ri, adj
inss; commissioners to be appoi tinted 10 settle
controverted accounts, SC. orders TO stay
proceedings on Judgments for good Cause
shewn; and new trials To be granted after
the terms at which Judgments are rendered ;
and doubtless, by other provisions which
might be adopted; the mode of coming al
| hs.r lcce Il
tedious, and of course less expensive than at
pres' mt.
But, however this may be, since Mr.. LEIGH
admits, that the great and opuIent states of
Pennsylvania and Massachusetts, and some
others, IN which justice, believe, is general
y administered. in such manner as to gire sa
t,sfdcfion 10 The people, Jfnot 10 the lo,cyers, J
hare neuer been b,irihened scith chancery courts,
and have con'ri,ed To do tolerably well with
out them, 1t is manifpstly desirable that this
subject should be seriously considered, and
Ihe proper remedy applied by an amendment
to the constitution.
G. Another defect in the constitution, which
might be supplied by a convention, is The
want of pro, ison for removal FROM office. of
judges disabled by age, incur.bie disease or
mental 'nfrmity.-Th" general rule, that the
Judges should he independen that is, SHOULD
be placed. by the amount of their salaries, a.
bove all temptation % corruption; thai M
power in the state should hr able Ia influpnc.
or improperly control them and that ihrm
tenure Of Office should he d.. ing good behn.
vio'tr, ought certainly to be maintained tnrio-
iafe. II NIGH, also, be unwise to rrrnov, a.
judge from Office, p,remptorly, at any pariicu
Tar age, But apprehend, that NJ good rea-
son can be given for INDUCING or accommo-
dating individuals however respectabI-,) To
he 1pfr pnf of 4 IL. AZ.
lion OF the purity, impartiality, and efficiency
of the judiciary. could be occasioned, by au-
thorisins the General Assembly. tprovided
two-ihirds. or three-fourths of the Senate and
House of Delegates should concur,) tn remove
any Judge who may be snperanpuated, bed
| ridden, or non cOmpos nentis.-Experience
has actually shewn in Virginia. the necessity
| Of such AN amendment to our constitution. -
Guarded, as the power proposed to BE- given to
the General Assembly, would br, by requir-
ing the concurrence of so large majority Of
both Houses. there could be little danger of its
being exerted unjustly or oppressively to the
Judge so removed, or in any manner prejudi-
cially tn the interest of the comm0nw ealth-
II is scarcely possible, that the vote of exclr-
sion would, in any case, fall on sHch men as
| WyrHE, PENDLEToN, RUASE or MANSFIELD
or ON any judge whose faculties remained I'M
| impaired.
have not the vanity or presumption tr
| imas ne that all the views have taken In thes,
| remarks, are corfect.-The convention wher
assembled, will very probably, in some par
ticulars, disappont both its friends and enc
mics. 1t may approve and adopt some of tn,
amendments have suggested, and reject o.
Tiers ;-agaip, It may discern the prophet,
OF many valuable improvements, which have
not entered into my mind.
| But the conclusion to h. defuced from.tb,
investigations have made, appears to- be. tina
some at least of the objections, urged with ST
much ingenuity, in the proposed substitute
against the call of convention, cannot s,ane
the test OF sound argument that the Const
tuition OF Virginia. is materially defective, ant
ought to be amended; that this importan
work may, with moral certainty and safety
be accomplished by convention especially
when 1t is considered, that the people, either
in primary assemblies, or by subseauen
convention, will act upon any amendment,
which may be proposed, and either accept ol
reject them.-But, if a majority of the PEG
PIE, IN whom the right to decide upon tn,
expedlency OF this measure is vested, shall h,
of different opinion if they choose to be
content with their present form of govern
menti however defective, ii is the duty of nj
good citizens To bow with respectful submis
sion TO their will; and by none will this dut,
be more cheerfuIly pei formed than by
! a REPUBLICAN OF '98.
NoTE. II appears, from The printed Journal of III,
Convention o lI76, that the constitution was las ne
cessarily might have been expected under the cir
comsances,) a hasty production ;being The work o
forty five days ony.-The Com mitee 10 prepare ,h
Declaration Of Rights and plan Of government, wa
appointed Oh me 18th Of May /; the decla,atio
OF rights was reported TO the convention, May 27tb
and pissed June I2h the plan Of goyerpmen, wa
reported, June 2Ah and passed June 29h, I776.