Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-12-26
From tie Political .3rena.
THE CHANCERY COURT


most simple character. So in a despotic government
where the will of the despo the rule of risht-,here
was no necessity for extensive enactmeuts. Bnt in an
age as enlightened the present with an increased
and increasing populations whose pursuits and occupa
tons have become more various and enlarged and in
Tree country like ours where the object OF all IeuisIa-
ton is to permit the greatest share of liberty and the
most extended epjoynens of rights aud property con-
sistent with the public veal it was necessary 10 multi
ply laws which become more and more complicated as
they were enlarged and consequently the tribunals to
adjudieae them, were increased 10 the of
society," IN the necessity OF protecting the viruous.
and restraining the vicious will be found the origin of
all laws and OF the institutions to administer them.
This created that system of Jurisprudence, which
iahers nave handed down to and though il may
tam inperechons must ever be deemed monument of
their wisdom 1t the right of every eenau TO sug-
gest alterations IN the code of laws which influence his
happiness and restrain his right of action and without its
exercise the rude attemPs of the sci
once Of government and of law, would have inflicted
upon their posterlty the oppressive burhen But
whilst this is admitted with the utmost latitude it can
not be denied that the spirit of innovation the love of
fame and distinction, not unrequenIy exci,es youthful
legislators, TO seek by enactment to immor-
tazc their brief public life, without sufficient regard to
The consequences upon that community whose rights
and interests are committed to their Are there
none among those who seek 10 PROSTATE system of
equity Jurisprudence, who, ignorant of the principles
which govern it, its practical operation on society,"
have their zeal for the public welfare greatly quicken
ed aud excited by their private interest who al one
stroke OF the pen. would blot system which the wis.
dom of ages has been employed erecting, and which
many enlightened and mpartia, men in the community
deem the brightest feature IN judiciary?
That our Chancery system at present organized
IS imperfect all who acquainted with il, will admit
butt when II is proposed 10 abolish entire system in
stead of amending it, deeply interesting 10
the community, it becomes the duty of every member
however feeble his capacity to weigh with care and
deliberations the consequences which may flow from il:
and equally imperative the duty of those who feel an
interest in the general welfare to present for that de-
liberation snch reflection as experience has suggested
to them The widest theorists, hesitate TO strike from
code the entire system of equity but contend that
the union of courts OF law and equity would avoid the
expense and delay incidental the present organiza.
ton of The chancery courts Let examine this pro-
positions and first as to the delay. According to the
schcme of defamation proposed 10 theta legislature
there would be f07 Superior chancery instead
OF g. as exist under the present arrangement the
Judges OF the courts OF law addition to their 1
ties such, act as chancelIors Now every well in
formed urspruden knows that the sciences of law and
equity, though remotely connected, are yet separate
and distinct, aud that life ofstudy scarcely sufficient
to master either of hen.-Can il be expected then that
the Judges OF the courts Of law be connecticut 10 acf
Characteristic they, if il were possible at their
advanced period Of life pursue the necessary studies or
seek the decision Of those subjects which they feel conf
dent would expose their incompetence WiIltbey voun
tarily examine thu dusty ledgers volumes of compi
Gated accounts, or the moulde-ine of antiquated
ruin, which many chapcery present, or prefer
TO leave tins difficult and a6orious matter for the lively
aud animated discussion of and law before urv
upon whom they throw the weight and respopsibiii
ty OF erroneous decision Who can doubt their choce7
from which the consequence inevitable that
they would as now, from of duty first trausac,
the commonwealth busiues, and from inclination that
connected with common law; aud by the period Tie g
completed, be compelled 10 bold their sessions in
another location, where the results will flow from
the same cause: and thus the individual who 10 excite
popular prejudice, il Is said has grown grew whilst
pressing bis before tribunal specially created
to decide bis rights, will fad his hopes of its termrna-
ton, ended forever. But such system would afford
relief TO that portion Of the community whose consc
cncees will permit them TO seek by Injunction whether
upon just, or unjust prcteuous estoppel TO pro-
ceedines at law; for no could with certainty, an,
icIpae 'tS dissolution, IN the usual period allotted 10
his existence competent officers, produce Dispatch
and 10 that extent decrease expense Would the
proposed system produce this effect. The present
arrangement concentrates the business of District
and 10 two three commissioners, all orders OF en-
quiry directed, and yet the experience of those
practically acquainted with the subject admit that the
compensation is not sufficient 10 command the reou
site talent and requirement; and that both neces-
sary the proper discharge of the duties Of that office
will not be denied when il is recollected that the chan
ceilors from necessity adopt rule to confirm all re-
ports except 10 some particulars objections are made
them, from necessity; for how il possible that with
The proper discharge of their other official duties they
could examine the volumIDoUs matters referred TO them
at every term? How many parties have competent
knowledge 10 make legal objections end even in The
profession se there are many ornaments
ability and requirements of tho commissioner the rights
and Interests Of large portion Of the community, are
made to depend. Ii the compensation is not snIi.
Gent inducemept now, will il become So When diyi-
led it must be BY the proposed arrangement This
will not be pretended; il be denied that TO re-
luce the grade Of talent, in office, there is no more
direct road, than the decrease Of emulument Under
such system Htigants would have to pay the commits
soncr aud the time their respective counsel TO
perform that duty to which he would be incompetent
aud acquainted with the combination of numbers
can doubt the increased expenditure which would re-
suit from such process. But the evil would not end
here for as IT scarcely possible the opposing council
would agree, the court neither could would settle the
account, and every Of much volume difficulty
would be suspended 10 Chsnceryn forever. 1t is best
to strike at the root Of the evil once and 10 ADOPT
the true principle; for whilst cannot be denied that
the present system does hold out sufficient induces
ments to obtain competent talent for the office; the
pfeseOI manner Of pay ing commissioners where there
IS poverty amounts to The denial Of jusce and that
IS radically detective, will be from this single fact:
= m rHFn IL IL