The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-02-20

''@ 49, -
cation before the decision orthe House OF Dele.
gates on the Circuit Court Bill reached tbs
place. The change proposed ~is,itally important
and on hi TO be freely discussed -
To The Legislature Of I%iyciRia.
| have remarked Tor some years past, aud
not without deep concern, nm unusual disposition
IN ON Legislature TO better the condition of the
people and omongbtthe thousand other schemes,
| nave observed one, which iuI tie lnsl session
or Two seems 10 give some few of your body nh
ualSuhl degree OF concern-so jealous are
they, thRi one is almost lead To suspect, thai
moie Is oined Al tllan meets the cye - mean
the scheme ct analgnmtting the Common Law
and ChaneeIs Courts Of our State.
| would ask you, are the people asking this
change ~ prhlloni DO we not go on smoothly y
ca MY enough under our present Chaaerty
Court aud common law system Aud would
tins Change be polite, we're there no constitu.
tlon0l OF other objections That tIicIe are con
$ i, ulionai objections 10 the proposed scheme, |
thinl, ally mdu Of common uniri standing, who
will take the Trouble 10 give nur state eonstitu
ton II calm I'D dispassiunaic poruaal, must al.
mi The IL seer. says "the two houses of rs.
" scmbly shall 10y JOINT ballot appoint JRtges
" ofthe supreme court u appeals, aud General
% COaH Judges IN ThdHcerg, Judges ot ndnl-
" raIty, &c.'-Ihis SECTION taken III connection
with other paris OF the suinc instrument, most
clearly she" 90 my mind. that its trainers did
not intend to unite The common law aud chan
Gerry jurisdiction in one aud the same person -
Tor II is thcIein also provided. thai Il Judge IN
chnueery shall be tlled before the henerai
COiOi, aud tint "A Judge OF the General Court
shall be tired IA the court ofnppenls thus intcn-
ding 10 prevent "a Judge trom being tried IN that
.a4l4sI al a. LIN. lao R4,A "a aItI. - Ia, Ia. .s.,.a.a
which might give rise to an impeachment, the
judges OF The court might act jointly aud they
might be- under thu influence OF pailialit, 49,
Whilst under The proposed plan, u Judge would
neecssn lily he Obliged 10 he tried iutlnt court Of
winch nc was a member, and who can question
the lmpropticty of this Butts the scheme not
lnpolitlc I
The people are accustomed 10, and contcntcd
with the present :, stem, They ncitbcrdcsre OF
AK u change. Why ten io,ee ii upon thrn~-
The fact IS, II change issnughtby some few, pure
y nom selfish Interested motives, by some o.
theirs from n Discontinued sencmirg spirit. WHO,
To say the least at them, want 10 " do the state
some 81 VIC. -Esprrieuee that best puidf ia
Nil human concerns, plainly demonstrates III
the history Of on county courts, thnt the com
mon lazy aud equity Jurisdictions ia the same
Judges VIII not ansser.-ls there - man of you
Who does not absolutely know the Tact, that the
clanctr Il Ckel ia those courts IS very. muct
ntglccitdT 10 get an injunction IA one oil
those courts, amounts, ~ many cases, 10 n
payment OF the debt, OF suspension tor lift
Wlisu III the chnncefy district courts nm iniunc.
non - WY An"i' "'"' m's' e'1fT"'y btlhR
"iss"'Nsu u ''lt '''lp "tA' "f''t me SI''hlInB
VOW Nb''h n pt'' lol ul' mo- dispt me country,
'l'l 'ouI', III "H'en, ilaln swearing i oh'oufhg-
gu ny 4 suspension 81 me "'bl ipI it'--oi mat
"h'Ie Il speedy Urldl Is ha' Experience has
''llh'ea tue people OF norm 'hl"iinat where
'"') nave a system resembling iha' winch IS
no" so'iR'u =" ne eS'"phNi'h mere, thal tlcli
hu'ls pePoay were h'sif''ea by 'he Judges IN
'""''4'', Inc pressure o. So'l'h"n ~" p"-
s"'''H a"'' '.'h ''Rih'a'"'e Is ~" aeiaally en-
R'S'" u h''hihs "hl"Ne n ciahse' soIho"ha'
!" res n'oie o"' Pies'oi SSsl'nl-p9e not lhis
! tah volumes f-Agaih' are there not other
o'Jec'iohs 'hn our Judges no" III "ili'e be
"hP'aoheh ana removed ~ the event dat the
new scheme ""ts moi Saltihelf taste : WI you
give '.'eI" more IaDoni ana ~" more pny, OF II
YOU give more pay, WIN You give ~ proportion
TO 'H' addIh"'dl i'houl L" he pcfi"rmenf-I you
no, WI yoh MOI nave 10 give nearly double the
P'e7'h' pay hha u you give nearly double the
pIes''l l"!y, UunN you iha' me people VIII g'I'
Guy summit by 'ols ne" a"o 'PifnHd srfffhr
"oulu yo" ii"' hd'e AS many inherent hhd pgi-
maps cont alic'ory rules, p licipirs n decisions
IA equity As J"n nave Judges Would YOU not
pun foni II" judges I" reading Their horn hooks
81 equity law w prepare hlein ipflheli ne" ana
plls"ilS hon"lr'f br degrees, ahd iinPerc'pti-
Diy me INC OF deihatcall"n between TIE com
mona" ahd cianeefy principles would he %
pilte'hiaa' judgments 'hii''s 'la dccifrs
''' ~" W ''''i ~ NH "'''l
W" " =, ~ - "''"" ~ Nun. )"
HI4gII, the Whole scheme IS IFIifIf WIN uIIgtI-