Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-06
From the Richmond EFhig, Of jan, 5.

GENERAL ASSEMBLY.-The revision OF
Cbancery Court System, proposes various al
,rrations Of the present mode at proceedings
tberrin-thc principal Of which are, shorten
inc, The nsriod in which Defendants are now re-
ouired to answer, providing that suits shall not
abate By the death or marriage OF the Plaintiffs,
and that they shall be conducted by the EXccu-
tor or administrators, without the form OF
sore faeias on the Defendants, giving parties
remedy against the executions Of Commission
srs and permission TO object TO the employ
nert of any one Commissioner on the ground
Of bostility-taking away he power of Chan
eellors to grant appeals from their own interio-
cutory DEGREES, and con6ning it to the Court of
Anpeals in session, or the individual Judge in
vacation, abolish;ng the Office Of Marshal, and
recurring their duty to be performed by She
ribs and Sergeants, and providing that rules
shall be held monthly in the Clerks Office
with other minor alterations.
These amendments have been suggested by
experience, and will probably tend to simplify
proceeds, expedite decrees, and save the peck
cts OF suitors. The abolition OF the office OF
Marshall, seems the only experiment proposed
These are the objects Of the bill as it stands,
but they NAV undergo many notifications be-
fore its passage. The sound legal attamments
and clear head Of its patron (Mr. May OF Pc
tersburg) give general confidence IN the pros
perity OF the changes contemplated.
The end Of those endeavoring to effect
change in the Superior Court System, is to re-
turn as nearly as possible to the Old District
Court System II is urged against the present
system that il has induced deterioration OF the
Bench and the Bar, by Withdrawing the s'lmu-
lants to study and emulation furnished by bring
ing distant talent To ACT on the same theatre
that il is more expensive than the old system,
and that from the sickness, neglect and indo-
doleuce Of particular Judges, the Justice OF the
country is long and oppressively Withheld from
suitors. In It's favor, its greater expensiveness
is denied, and its superior eSpediency is assert
ed, from its bringing justice home to citizens,
and from the familiarity OF the people with It's
operations.
The designation Of particular legal tribunal
for The granting Of divorces has long been con-
templa,ed by the State. 1t is considered mex
pedient for the Legislature to exercise Jurisdic-
zion over them, from the time consumed, from
the effect of popular feeling in so large body,
from the disregard 10 precedent frequently ma
infested, some divorces being granted and 9TH
ers denied, equally claiming Legislative interpo-
sition, and from the necessity under the present
mode of deciding upon er parie statements
The proposition is to transfer exclusive urisdic-
ton to the Superior Courts OF Chancery.
The bill to define CoDtempls Of Courts, has
already been discussed in Committee OF the
Whole. Whilst we clearly see the difficulty Of
the task, and the danger ofdepriving Courts OF
the power Of selfprotection on the other hand
il must be confessed, that the underlined and ar
bitrary power claimed by Courts touching con-
tempts, is hostile to the spirit OF our institu-
tions, and dangerous 10 individual liberty. If
it is impossible to define all contempts, some
con,empts might be specified, and the punish
ment of the law be substituted for the present
despotic will ofJustice.
Mr. Upshur has again brought forward his
proposition to repeal the prohibition upon
WTowers marrying the Sisters of their deceas-
ed Wives. We have always considered that
prohibition as containing an arbitrary princi-
pie, unwarranted by Scripture, the rehct Of Ro-
man Catholic superstition, and as wholly mo
peratiye in practise. Do a mans feelings re-
volt at the connection! He will never form 1t,
and requires no law TO lend its sanction or to
address its penalty to his conduct. Do his
feelings not revolt at it! He viii never be re.
strained by the law from forming it. The same
argument viii not prove that all restrictions
founded upon relationship should be abandoned