Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-11
RICNMOND, FEB Il.
vIRGIMYA LHGIsLATUaE.


Thursday, Feb. ga communication was re-
ceived from the Senate, that they had passed the
bills, amending the act au,horising the erection of
bridge across the south branch of the Shenandoah
river; and changing the time of holding the county
court of Morgan.
| On motion of .Alr. Fiison, the bill concerning
Circuit courts, with the amendment reported from
the committee, taken up. The amendment
proposed radical change in the system of
courts. .Nr. ffilson offered substitute for the
bill, differing in some respects from the amendment.
He said its object to afford relief TO many
portions OF the state, now complaining. His pro-
position provides for 20 judges of the General
COURT ;he-stae 10 be divided into 10 circuits and
two of the judges to be assigned to each circuit,
either OF whom TO be authorised to hold the court.
If the Judges differ in any opinion in a criminal
case, that opinion shall prevail which is most in
favor of the criminal 1t provides for the appoint
nent of clerks, and repeats the organizing parts
of the present circuit court law. The Chancellors
now in commission to be commissioned as judges of
the general court, and the judges OF the general
court 10 be commissioned judges in chancery.
The present chancery courts to be discontinued
and chancery court well a cour, OF law TO be
held in each county with the necessary details
for the transfer of suits, &c, SC. Mr.. Uilson
remarked that the plan might be objected to, per-
| haps on the ground of expense, OF its being IN
constitutional, or ,nexpedieni, and proceeded to
answe the several objections under these heads
If there should be any additional expense incurred
by the change, it would be trifling That there
was no constitutional objection, would appear by
reference the decision of the general court in
the case of kemper and Hawkins, in which it was
decided by that court, that common law and chan
Gerry Jurisdiction might be given to the same Judge
under the constitution, by appointing and commits
sioning him in both characters. Ii surely was good
policy to insure the administration of Justice twice
la in Ia,, o,,l ~
Gerry Jurisdiction were exercised by the county
courts, and why not vest the same powers in the
circuit court judges? The information necessary
to enable judge TO act in boh characters, was
not OF such character 10 create any difficulty in
the judges acting in both characters
Mr.. Gordon supported the substitute. Under
the present system, the country, lie said, was
known to labor under the greatest disadvantages.
In three of the chanccry, and in one of the law
districts. there was nothing doing in the courts and
tles justice OF the country suspended. Every
portion of the state was liable TO be placed IN the
same situation by the occurrence of the same or
similar causes. Such grievances these, he con-
tended, called for some system which should guard
against their recurrence; and, in his opinion the
substitute would do it, He had carefully exanin-
ed the constitutional question, and saw no objec-
ton 10 1t on that ground. Gentlemen who doubt ed
on this point would have their doabts removed by
perusal Of the opinions delivered in the case of
kemper and Hawkins TO which alluson had been
made. The only question presented was, in his
mind, as 10 the policy OF the measure He granted
that 1t was fundamental c:ange, but the induce
menis TO it were strong. Attempts had been al
ready made to grant relief TO the people but thew
had proved abortive. a disposition had manifes :
ed Itself III that House adverse the establishment
of Judicial pension list Members were no, dis
posed to embark in that fearful experiment If il
was proper to administer law in the courts of ca
la H.. Z, A.
there. Why should residing in Orange
be compelled 10 travel away 10 WILLIAMSBURG IN
obtain an injunction TO an unjust judgment render
ell against him! Was there any thing in The pomp
and crcums ances of our present chancery courts
which qualified them in peculiar manner for the
administration OF equity? The voice of The people
throughout the borders of this great common eslt
was raised against present chancery courts
They were attended by an expense and de,ay ruin
OILS to suors. The citizen who felt himself CON-
strained TO resort to them, had TO incur the ex-
pense and trouble OF going distance from home
among strangers Z; to employ, probably, strange
lawyer, whom he could not approach with
out Fifty Dollar fee to meet the constantly
accruing fees of marshsls, clerks, commission
ers, NC. &c. The present proposition was to
carry justice more completely into the bosom of
the countless; and he vcntured 10 say il would
be sustaiped by the people. That some gentle
men would oppose it, lie had no doubt That
able lawyers, engaged in a lucrative practice, and
located around the chancery courts would oppose
it, was TO be expected. 1t was their interest 10
do so. But, he thought, that when gentlemen
came here they ought to- act for the great interest
OF the people, and adopt that system which was
most thusive and beneficial in its effects, rather
than to legslate for particular interests. With Il
people, he knew it was great objection that JUS
lice was administered by one man. The certainty
which the plan insured that the courts should be
held, was an important consideration. II one
Judge was sick or could not attend, the other was
fully authorised TO proceed and transact the bust
ness. And it, ultimately, Judge should become
old and iniiIm in the service Of the country there
would be no necessity to turn him out like an old
horse TO die on the common The old man would
be able TO do something in his vicinity and if he
| should be,una0le TO 20 through the duties which me
performed in his better years, the justice of the
country would not suffer thereby.
He thought the objection TO blending the chan
Gerry and common law jurisdictions was not sound
and instanced the several cases in which it had
been done in country. The county courts.
the Court OF Appeals, and the Federal Courts, al
possessed this mixed jurisdiction 1t was in no
respec, dangerous either 10 liberty or to human
rights. The original bill proposed fire additional
Judges the substitute only proposed to create one
new judge, and convert the present chanceors INTO
common law judges. So that, as 10 expense, the
plan OF the substitute much the cheapest But
he commended that expense was nothing in compare
son OF the certainty ofjustice. IT, them there was
no objection on constitutional ground; if expedi-
ency, If economy, If the relief Of the people
against their present grievances, all conspired to
recommend The substitute, was not entitled 10 the
most serious consideration ofthe House.
Mr.. Craig was not prepared to vote on the
proposition, and moved to lay the bill, &c. on the
table