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

By the constitution Of Penre, wanna article o., ~
w o' II ordained mat 'tie supreme court. nd the
several courts oil common pleas shall besitc tio
powers, heretofore, usually exercised oy them h,,a
Tue power OF court OF chauCerv, So lar as ,cI,,e
10 the penetrating of testimony the obtaining f m
iuencc ifo'n places not WITHIN the jurisdiction Of tho
state and the care of persons ana estates or to,e
VINO are non conpoS mentis. And the legislature shall
vest IN sa't courts, such other powers 10 grant rel(
IN eG'y as may DE found necessary from time to Ii
enlarge or d'liash their powers, vest them in such
olher judges, they SIN Ill deem proper.n Under tj
clause ia their constitutions instead OF aoptnp the FL,
g'ish system, which has nothing but tie barbarous
age IN "hch II Originated to recommend il, istnad of
establishing distinct tribunals, proceeding il, a different
manner, ana Insulting the understanding OF mankind
one determining according 10 Common l,y rrr
cipes, as contrsnguisiCd from the principles of es
eo' Jstce and G1ty; AMI another >spcndic the force
u s Judgments forever; they have cucorporaic eeai
" ana common law iurdictio,S aud tI,cr u,,re a
c,e 'iiNn'' the merits OF the case according 10 ,5bI
ms Is he adj n!rabe system OF a sister state and al
Honsti II may apicar and co,nnrx m / ,,,,I
ana ihcoh'e"'ent" ~ hear from thc,n no complaint
l"' me proceedings of tlcr courts being attended
W. unnecessary delay or eXpensc,we hear no com
p'a9A that Justice l. imparta!lv AMI speediIv adj
'r''r d. near no conn of the ncglig nee or
""apcIN {" their bar, offiii want oi integrity and
"'S'on, 81 Their bench In granting redress 10 ..roor
ana fcs; ia ehccaiiy couneTacin the i'll effects oc
t'at aistocrasy which wealth i.as Il tendency to pro
ducc IT ha:itnes with The fun a,rental ru,iues NJ
our governments.
Two objection, however urged against this ,setn.
IS SAID III the Irst place that would unsct every
ucclSion OF the of appeals from tl,,
oil the republic and every rule of propcrtv nov, .,.
Dlished and held sacred. I'm my opinion no snch mis-
CHIEF could result. No greater latitude. of ,ls.rnp
could possibly be intruscd to any body, legislative
executive or Judicial, than IT exerciscs.-In lis
wisdom, 1t sometimes sanctions the authority at ,L
courts OF England-in other instances 1t overrules
"eT decisions, upon the ground that the principcs
winch govern the English tribunals are Inconsistent
VIII! the genius of our institutions. In no case xcc,
those already decided by that body have we any fx eli
ana permanent rules of law. Ii explains away when
II pieases the obvious intention of the leg
"' unirequenty prononnces its enactments nucuntit
lonal atd void On some occasions II adopts the
iiSiisi common law; Others il follows the rules of
equity c'nrts-and often If respects neither the one
nor me other but lays dow principles Which i'm
heut'ely become part and parcel of the rnInr.pal
IA" OF The stale This objection then destitute OF all
reasonable foundation; but suppose be valid Have
We not lie decisions OF the English law ami
chancery courts! Have ~ not aIIudicated cases in
our books of repnrt,: Whether the syste, be cba,,
ca ar not IT be Disposed TO pay any Difference to uua0
Hy II can always resort 20 those sources of information
OH doubtful questions, which i: nov uo,scsses
Ii,s. SECOND objection is, tnat power is vested in
'"o E'''sE iValnt courts To compel party 10 answer
an oath any bill of compliant which is flied against him
!" inns hall only reply, that it nancsts the greater
"Hrdc on The part of the law TO prevent Dr,gry and
e f'"'rfdf'oh 10 commit perjury. II is much To- be
f're" mat parties IN that forum do often enter into =
compromise with their consciousness aud ONLY admit tina;
WHICH they cannn decent, DENY that is what they
know can he proved by positive testimony. But should
."e "oec'i"" he well ionnded prov ,nay ne male
by law to Obviate it.
In relation 10 the county courts it might at first be
absurd To suppose that their Judges coi OIL, dispc So
Justice when thcN are nnaCgud,Etcd with evcn the t
meniary principles OF law Ne iiril that these con Is
are the most valuable AT of or Judicial system Be.
ing ignorant {" the contracted and technical princ les
winch so frequently III their application particular ca
SOS thVat ti,e purposes tee the ,narisi ratio.
SUIT ONLY the dictates of common honesty and iu>tic
ANA ticir opinions are almost invariably sanctioned h.
reason ana equity. 1t thcv can be induced TO believe
That peculiar hardship will be the consequence
"' adhcIinG rgIdtV To any stric; RUE all the an,
rites from the earliest period Of judicial history " i'll have
any weight 6n' they will decide rs they ought according
F." "e ierils oi the case. I!ls IS Vi'uajiy hc Penn,
syvanIa system and rany Of int gent Cit.
zens believe, that Justice is completely and cGcctu
anf obtained IN these courts as in any other the
Comu!onw eaIlh.
ilHs branch OF the government tien should with tie
exception OF thc county courts, he new modelled am,
inc,r ,Cr atnf Cpiy.rNr