Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-05-04

dietary: trivial as this patronage as now di-
vided seems, the accumulation Of ii all in the
Governor, would at once elevate that officer
into high Importance in the REPUBLIC. The
Office would become an object of ambition
ntriSues and factions would agitate the pub
lie at every election and the Governor would
be the Governor of the successful party ITO
which he owed his elevation, instead of being,
What he should, be and what The Governor Of
Virginia under the existing system has inva-
riaby been, the Governor Of the Common
wealth.
II, indeed, the event shall ever happen,
(which may Heaven in its goodness long avert, J
that the Union shall he dissolved, and Virgin
ia consequently surrounded by independent,
rival, and therefore hostile nations !; it may
then he necessary, for the purposes of defence
against external force, TO strengthen the exec
u,ve arm. But it will he time enough, to pro-
vide for the exigency when that dark and evil
day SHALL come. Ii is one of the chief bless
inSs ufuur Union, that it prevents the posi-
ble occurrence OF any such exiGeECy, aud the
necessity o.any such remedy.
In the opinion OF this meeting, therefore, the
Executive council, far from being an unneces-
sary, much more pernicious institution, IS
one OF lie highest utility, and could not be
abolished without essentially changing the
character Of the government, in one of its
~
that the mode Of removing the members of
the council from Office, is objectionable but
this is Il fault SO trivial and iDconsequcntia!,
that III is supposedly no considerable man would
disturb the settled 0rdrr Of things, for the
purpose of correcting it.
III. To the judicial department., as at pres
sent constituted, this meeting has heard OF
three objections l. TO the whole system of
chancerv courts 2. To the union Of Legis-
l.f-, I'll I'll
the same body of men: ). To the want of
any provision for the removal of snperannu-
atcd judges.
Isl. If the objection 20 the courts Of chan
Gerry, means no more, than that The iurisdic
ton exercised by the clk,nc-ilors, ought to be
vested in the circuit courts. of common law,
instead of being vested, as it now is, in dis
tinct tribunals it is hard TO imagine any ben
eft, that can be expected from such change
and it is easy to see many announcement and
evil consequences. 1t would doSbte the du-
tics Of the judges Of the circuit courts. And
The consequence woyId 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 !; OF,
that the circuits must be reduced in their eX-
tent, the terms of the courts heightened 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 a convention. Add 10 which, as in the very
nature Of equitable Jurisprudence, that all par
ties interested, wheresOever residing, must be
converted before the court, the proposedchange
would increase the Inconvenience and vexa-
ton obligation to the greater part OF the suit
ora, in the proportion that the number of
counties in any chancery district, bears to
one. In the chancery district of Richmond
for example, it would encrease it ficenty itUc
fold for every citizen OF the commonwealth
would be amesnabc TO t,centy-t,so circuit
/ chancery courts, instead Of one district chan
Gerry court,
! Ii the objection goes to the whole system o.
equitable Jurisprudence, as now exercised b,
the chanceilOrs if it be desired, that that SIS s.
tenn Ct law, which is technically called Equity
should be abolished the proposition amount:
10 little less than an abrogation of our whole
system of jurisprudence, and The substitution
of one wholly new. Such reform would
transcend in extent and violence, any thing
that the boidest law liver ever yet attempted
and 1t would require years and ages Of legis
lation to accomplish the work. 1t is com
monty boon, which the vanquished ask e.
their conquernIs, and these in humanity neve
fail 10 grant, that the conquered shall enjoy
their ancient laws. Shall the people of Viz
.inia voluntarily incur an evil, which no con
queror would be so cruel AZ TO impose
If the objection means only, that Eguit;
should be administered according to The conle
Of The common idsD II is to be remarked il
the first place, that no change of the constitu
ton s necessary TO accomplish the end i
being unquestienabIy competent to the LIE
| gislatuTe now, to make such an alteration, if i
can by any ingenuity be convinced of its wis
dom. And, In the next place, this meeting
feels the most undoubtIDg conviction, that sucl
an alteration would be unwise. Here, w
can have recourse 10 the experience of other
for instruction.. The system Of law in Louis
lana, is (mainly) the citI La,o the common
Ln,o prevails in all the other states ia the Uni
on. The states Of Pennsylvania, Massachu
sets and some other New England states, hav
got wholly abolished the principles of equita
bic Jurisprudence, but have consolidated The n
with the principles and remedies Of the com
mon law. And tho they have been employ
cd in pcrtecting this curious and complex sys
tenn, from their earliest organization, the con
i triyanccs 10 which they have resorted, appear
lat least in the distant view we have Of them
haSSk ward and announcement in The extreme.
i'they adhere to this system, it is because the,
prudeDtly consider, that that which has be
come habtfHul, is 70: that renson good. Thei
wiscst men lii is believed little think their ow
system enyiable TO others, tho by use it ha
grown to be toerabie TO themselves.
End. The second objection is applcabl
only to the county courts. This meeting sees
with unspeakabe regret and alarm, that tn
spirit of Reform approaches, without the leas
compunction or dread, even this ancient, ven
cradle, and most useful part Of our institutions
The objection is based on the fin article, O
a., Il Al -