Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-04-30


the council from Office, is objectionable b,,
| this IS u FAULT so trivial and tnconsrq,irntiai
hat (it is supposed( no considerable man wnnlt
disturb the settled order of things, for h,
purpose Of correctng il.
! III. To the Judicial department., MS M pre-
sent constituted, this meeting has hear, o.
three objections 1. TO The whole system al
chancery courts 9. TO the uninn or L.gis.
laiire anu Errcutire, with judicial pumrrs, il,
the same body of men B. To The want al
any provision Tor the removal of superannu-
sted judges.
| LIST. IL the objection 20 the courts Of chan
Gerry, means no more than that the iursdic-
ton exercised by the chancellors, ought To be
| vested IN the circuit courts of common law,
| instead Of being vested, as il now is, in dis
tnct tribunals; II is hard to imagine any ben
eht, that can be expected from such a change
and II IS easy To see many incoDvrnient and
evil consequences. II would dosLie the du-
ties OF the judges Of the circuit courts. And
the consequence would be, either that the
whole Judicial business of the country, would
be done with an haste wholly Incompatible
| with justice, If, indeed, by any diligence, or
any hurry, it could be dispatched at all or,
| that the circuits must he reduced in their ex :
| tent, the terms of the courts leng lhened to
suit the duplication Of their duties, and, by
consequence, the number of the Judges also
doubled. This part Of the plan of reform,
would defeat the schemes of ECONOMY.
which are urged among other motives for call
ing convention. Add to which, as in the very
nature of equitable Jurisprudence, that all par
ties interested, wheresUever residing, must be
converted before the court, the proposedchange
would increase the Inconvenience and yexa-
ton Of IitigatoH to the greater part of the sui,
ors, in the proportion that the number of
counties in any chancery district, bears to
one. In the chancery district of Richmond,
Tor example, It would encrease il ticenfv f,ro
told Tor every citizen Of the common wealth
would be amesnable 10 ttcenty-f,so circuit
chanceFy courts, instead Of one district chan
Gerry court.
IL the objection goes to the whole system of
equitable Jurisprudence, as now exercised by
the chancellors if it be desired that that sys-
tenn OF law, which ia technically called Eouitn
should be abolished the proposition an6unts
to little less than an abrOgation of our whole
system of Jurisprudence, and the substitution
oil one wholly new. Such reform would
transcend, in extent and violence, any thing
that the boldest law-giver ever yet attempted !:
and 1t would require years and ages Of legis-
latIon to accomplish the work Ii is com
monty boon, which the vanquished ask Of
their conquerors, and these in humanity never
IaiI To grant, that the conquered shall enjoy
their ancient laws. Shall the people of Viz
ginla voluntarily incur an evil, which no con-
queror would be SO cruel as to impose ?
IL the objection means only, that Eouifv
should be administered according to the course
81 The common lao +: il is to be remarked, in
the FIRST place, that no change of the constitu-
tion IS necessary 10 accomplish the end il
being unquestionaby competent to the Lee
gisIature now, to make such an alteration, if if
can by any ingenuity be convinced of its wis
dom. And, in the next place, this meeting
ieeis the most undoubtlng conviction, that such
an alteration would be unwise Here, we
can have recourse TO the experience of Others
for instruction. The system of law in Louis
lana, Is (mainly} the cirI Lac the common
Lao prevails in all the other states in the Uni
on. The states Of Pennsylvania, Massachu-
sets and some other New England states, have
ROT wholly abolished the principles of equta-
Bile Jurisprudence, but have consolidated Them
with the principles and remedies of the COM
mon law. And thO'they have been employ
ed IN perfecting this curious and complex sys-
tenn, from their earliest organization, the con-
TiVances to which they have resorted, appear,
lat least, IN the distant view we have Of them,
awkward and inconv enent in the extreme. If
they adhere TO this system, it is because they
prudently consider, that that which has be-
come Anbiftsdf, is 70: that reason good. Their
wisesf men Ut is believed little think their own
system enviable to others, tho by use it has
grown To be tolerable To themselves.
End. The second objection is applicable
only tn the county courts. This meeting sees,
with unspeakabIe regret and alarm, that the
spirit OF REFORM approaches, without the least
compunction or dread, even this ancient, ven.
cradle, and most useful part of our institutions.
The objection is based on the .ftfh article, of
The BIZ Of Rights, which declares, {" that the
D." Legislature and ErecuIire nowers or tb.
state, ought to be kept separate and distinct
from the Judiciary" Those who urge this
objection on the strength of this general de-
ciaratlon, do not perceive, that they extend
the construction Of the words beyond the
obvious meaning of the Convention of I776.
Ihey Certainly never were in ended to repro
bate the eligibility ofthe Justices of the peace
t" either House Of Assembly or the union of
Judicial powers with the duties of county
police, IN the county courts. Ifthey had been
SO intended, the Convention would have de-
ciared the justices Of the peace ineligible to
the legislature they would have abolished the
county court system or indicated an amend.
nent of IT, conformably with their declaration
otright. But the third article Of the consfifl-
non, after repeating the. i'm article of the Blu
Of Rights, expressly makes the justices of
county courts eligible to. The Legislature and
the 18TH and 9Th articles of the constitution
recognize the county courts, as fundamen-
TAI part OF the frame of government.
The county court system existed before the
Revolution, in exactly IFS present form. Be-
Ing adapted To all times, and peculiarly adapt
ed to republican institutions, ii was IN truth
the only important colonial institutions that
was preserved wholly unchanged.
The county courts perform those Executive
functions, which fall under the head Of Police