Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-05-06

e e"o'cS are oil the most costly materials, and speu-
did workmanship.
w. Shall publish in next paper the address and
reply, II copies can be procured.
-eoo-
For The Constitutional Whig.
CONVENTION-No ii.
JupIctL Observation-Disclosures offered NV OBJ
lec'ions 10 the executive, now proceed the judicial
department. The administration of Justice is one of tc
grand objects for which government was originally e
taoshcd: 1t IS unquestionaby subject OF the deepest
moment and deserving the prolouudest consideration
Oh an iree people. In the purify, integrity and wisdom
III he Judges, every in society," whether he moves
III the most elevated sphere the humbcs walks of
me- is deeply interested The security of our PERSONS
81 on: property, OF omr lives, and of all our liberties
depends upon an enlightened aud independent Judiciary
iheir independence Is justly considered i'm
portant and valuable irprov III the science of
government, an" feel convinced that il will ever be
ield sacred by the people of Virginia. As citizen of
The state, dcvotcdiy attached 10 her welfare, | Shall
ever cling TO II, because believe that in its desuc
on viii be MvGlI cd the best and dearest Interests Of
ie community. But judges, like other men, are
subject to the dispcnsaiions Providence the cuns-
nton has, lest the courts of justice should he closed by
heir permanent Inability to discharge the high duties
ol their exalted station wisely made provision for then
refnovn! "eu ncapacitatcd by mental bodily mfr
NIFTY All Offices being created in republics, not .oi
PcISona aggrandiseIen but Tor the public veal I'm.
clause - certainly uueXcepi!onable, and perfect har
nonN with the theory at our political institutions
The advocates OF reform, teaure bv which
The Judges hold their Offices 10 the distribution Of
lie 'uicIal authority nt0 separate and indepeleni
tribunals the courts of coinnun law, and of chauccry
As now organised Ii is cOItcich that The cha
Gerry jurisdiction should De vested IN ,, circuit conrI
Judges a distinct tribunals although arrangement
wuuid it D believed, be less Objectionable than the pre-
sent; that the whole system OF equity shouli he
abrogatcd; but that equity should be administered ac-
cord'ng to the OF tc law. that is ,lat
The common law aud equity Jurisdictions sllouiI be
blended.
The great end to he attained b, the institution of
judicial tribunals, ought be, the saiinns r-
lion ut lustice-to render unto every man iIat Yh
IS his due" II therefore court is fettefed in lis
organization that 1t grant oafy partial redress o
40 redress al ALL the wise and sautary design for which
Il was created defeated 1t is inconsistent h t.l.
lainest principles of justice ami reason that cunrt
ut common law should be compelled by rigid aud mar
row rules, TO award Judgment which Of equity
invested with tho power ofdspensing complete and adj
cqnae relief wall upon application cnjoin forever.
ny not abolish og!m trarnneicd or rather con
Ter ttc authority Which IS necessary render IT,
not III only, IS the case, hut in reality .,
court of Justice. Is Il insulting the com non
sense OF Mankind, liat inige a of law should
decide cansc upon o%Gi jFn pisS when at the very
moment he admits that court of chanccrv will inter
ere, and annul his opinion unjust unrghieotis and
unreasonable
.h3 present system, it is uavc sally acknowledged
NOT only thwarts the purposes OF Justice but increases
litigation, which all good governments should anxiousy
cndeayour To check because il produce, disseuiion DIS
turbs The tranquility of society, and frcQucn ternli-
mates in the ruin of the party. The individual who is
laggricycd by the Judgment of n court common law
Is forced TO apply Tor redress 10 court Of cquit, winch
is not only vexaoIs and expensive all the citizens OF
the commonwealth but is m''c especially oppressive
the poor. The eaby find difficulty in procuring
the assistance of counsel and obtaining the requisite Sc
cury to the injunction bond which must be executed
before the proceedings nj law STAYED; but the man
who depends Isis daily Iabour for his daily bread
very differently situated lie can neither employ conn
sci nor give sCCnrity matter therefore what be
the merits Of case lie must submit Hence; G}r il
IS at least practise in Virginia sim in chauCc:y
hat lie no has no money, has no equity.
we cannot by eng train Cf reasoning, be induced e.
believe, that by remcdynG this garing defect in clI
system that any consequences detrimental TO the int
rests Of society ensuc; for the people certainly can
not he injured, by the speedy and impartial ''aduin.
stration OF Justice No tribunal deserves TO be cali
ed court of Justice" which has not The ri2M fully
and fairly 10 investigate the facts and circumstances
every brought before il, and to grant complete
and ample redress. Yet court ofConnOn law nfce-
| ~ holds session in which Judgments not render
ed that tied upby perpetual njunciions in cour
/ Of ChauceTv vhy drive individual from one cor
70 another. when lac sleg that hu is entitled TO re
( lief, and that it will ultimately be granted VIII,
SHOULD he not be permitted to offer any testimony II
support of lis claim his defence. whether Of lcga
or equitable character 1t the solemn conviction
nv mind, that jury Of twelve is as capable o
rendering righteous verdict in any cause, rs an,
chancellor that ever sat any bench since the time
WaItliam The principles ofi1stice nothing mot
than the dictates OF reason-thcy within the reacl
of the man Of sense, we'll as os the roso
phcr: requires no laborious research, no profoun
Investigations 20 ascogin them but they 0as utuiiv
conviction upon the human mind
How the distinction between Justice and equity arose
why tribunals should have been erected to Uu
peace and good order ofsociey by determining dispute
between man and man. without being invested wit
authority to administer adequate relief why Tint sboul
be considered jusfrc in court which is deemed in
j0sijce in another IS matter involved in the greatest oh
SECURITY; and although sanctioned by thc wisdom
ages" is manifest absurdy. But here the ''auinor
the Substitute" answers every argumcnt-and silence
every objection against the constitution, by "dist~usn
all merely theoretical reasonng.o Fortunately for h