Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-12
FOR THE EMO uJR Err.

GEN ER AL ASSEMBLY-No. .
On the abolition OF the Superior Courts of law in
each county, and the restoration of the old Dis
trict Court system.
&c Pause! reflect. before roe do the spork; it
may be pregnant tDth mischief"
The should wait ON his m cr II se,..r FIR ,b.
the Judge. "
affirm the proposition with confidence, that if
the interest OF the great bulk OF the people be con-
suited, concise comparative review OF the con-
venienccN aud ncoHv eniences, of the Circui, Corr,
system and the old District Court system, will de-
monsrae the eypediency of second abandonment
of the District system 1t will be recollected. I'M
der that system, the counties in the middle of the
state and below the head of tide water, were so
arranged AZ that four, FIVE, six courtic. in con-
tigui composed each district, that a. the Court
house OF some one county partly composing each
district, or Al some town In the district, court was
held twice year in each district bv two Judges
or one, in the absence of his associate exercising
civil and criminal uris LECTION over all the counties
and towns compo-ing each district Ore clerk at
great distance ON the suitor arpert aimed 10 each
Dictrict Court: hi- office kept in the town or
county IN which his court was holden. He was
no county court clerk possessed of those friendly
mPathies, so common 18th neishbors and cti-
Zens oil the same county: he was stranger TO the
whole people of the district, except so far a. his
with prisoners, suitors, witnesses, jIr,men, law
yers, sherifs and other officers of Justice Suors
rode TO the clerks office from one mile TO upwsrds
oil one hundred miles, FOR su6po:nas for Witnesses
afterwards In some cases the rode far 10 deyp,
their eubpgnas 10 the proper officers: thew Off EN-
travelled Tar out oil their course, TO knov from their
lawyer, what Witnesses TO summon: if he was from
home, they had TO take another and another long
journey; being often poor ignorant men, sued in
strange part of the country, alarmed by a District
Court suit; they would 90 out of time for their
suhpcnas, or to get advice about their ties imony
and preparation for trial. The clerk of The District
Court sometimes falling most conveniently in Their
way, they called on him: lie could give no advice:
they were strangers To him: the must go 10 their
lawyer: they then proceeded al much expence TO
the lawyer he is absent from home: painful disap-
pointmont and disqnietude induce them to employ
another lawyer: who would send them back 10 the
CLERK office Tor copies OF the papers On return to
him with office copies; il would appear the lead
ngs were not made up: the suits not ri issue: tLey
returned home alter paying tedious travelling ex-
pences, and additional fees. for no purpose what
soeyef. Parties were obliged to SHOW, that they
had used legal digence TO be ready for trial: a
continuance often an important cause: the dis
cus-ion oil It's merits, was and serious: be-
SIDES paying his own witnesses, Continuance
would sometimes cost party from one 10 three
and Tour hundred dollars, when many witne Is es
were attending on both sides, from distant PARTS of
the district. Often before the motion for contntI-
ance was made, the parties aud heir Witnesses with
sometimes dozen horses would have been ON
tavern expences for six or eight days. before the
cause was called in its turn on the court docket
About witnesses, will here state some facts Of very
general no'oricy; twelve witnesses are summoned
oy Tie parties Ia suit pending in District Court
each travels tifty miles from home, they attend four
terms, and the cause is continued four times; each
witness being only detained one day each, at each
term, the twelve witnesses will receive two hundred
and seventeen dollars forty four cents including
mileage for four hundred miles, which each wit
ness had travelled. Now count the costs: had those
witnesses have been detained each FIVE days at each
session, the expences of themselves, of the two
parties in the suit, and fourteen horses, would
amount TO a serious sum for men who live by labor
In The earth mechanic arts The COSTS Of twelve
witnesses residing in the same county for the same
daily attendance on -four terms of a Circuit Court
would amount TO TWENTY-FIVE dollars and fif,y four
cents, which ibe witnesses mot going out OF the
county, would probably not receive For, such il
the generosity OF neigiibors and countymen, they
VIII oblige one another at home with useful seryi-
ces and make no charge: when they 90 out Of the
county, u Is well known that the pay OF witnesses
nothing like indemnifies their Just expences Ira
vellers occasionally refreshing at the Courthouse
tayerns; men compelled to attend as witnesses were
suWhoneu as Jurymen IN civil and criminal cases;
these citizens, as well a. grandiurymen, renire-
men, lilgant parties and others all with their
horses, from four, FIVE, six and seven counties.
were detained day after day from their homes and
iabors, amongst strangers, at great expences Of
crowded and extortonate taveras, without any hope
of relief. until the business was finished or the court
adjourned. They bad often to pledge horses, Dor
row money, or implore credit in settlements for
their expences Industrious domestic men ere
aerr Iirro a
witnesses far from their homes: erandiurymeo
Uenire men and others, probably taken by surprize
without any money in their pockets, in the mosi
busy seasons of the year, were forced take horses
from their ploughs, abandon their lsbors, sometimes
their sick families, and travel from fifty TO upwards
OF an hundred miles 10 the District Courts.
liza citisep was SUMMONED 10 show csyse sgsinst