Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-12-26

tons where hts interest can operate niustice3 Tho
true principle will be ound in this undeni able PROPOSE
ton, that the commonwealth is bound have Justice
administered upon such terms that her tribunals shall
be accessible to the poor well the aliuent and
that all udica, officers should derive their enolument
from the power That creates them, and this well TO
sustain Their Independence, as mpartiaty. And If
some scheme Of reformation embodyng these PRINCIPLES
and not burthcnsome TO the community can be supoes
tedhere can be no doubt it would afford satisfaction
To all who feel an interest in the stability of our inst;
tutions which imperfect they are, meet the adnira
ton OF our sister Staes who point to the judicial in
situations of Virginia worthy of Imitation for their
purity and the wisdom with which they admins
tered.
The present organization of the court, gives power
to the chancellor to appoint many commissioners as
he may in his discretion deem necessary; the effect we
have briefly reviewed, and a remedy purpose that
but one commissioner with one clerks be ap-
pointed and that the tenure of their Office be the will
of the Chancellor. That they receive such compen.
aation from the public treasury will secure the first
talents and requirements of the bar.
That suitors should not be made to paw more than
81 per day. to be reported by commissioners tax
ed by the court, collected by the marshal sheriff..
and be paid into the treasury and perhaps for copies
of papers either TO have the destination or be
the reward eff the clerks
That to expedite causes. the powers of the commits.
sioner be enlarged in several pa, ticuiars, viz:
Is Be empowered 10 issue subpusnas duces tecum
2d To enter orders for examination of parties ca
ses referred to him.
Sd To state such accounts in the progress of
IL rs
tore fDal decree can be entered.
4th. 10 revive causes which abate in his Office.
5th. To examine witnesses upon the written inter
rogaiores of the partics that in the of this
producing inconvenience that the interrogatories be
submit ed TO the commissioner before put the wnes.
with appeal from his decision 10 their propriety.
None Will deny that the present method of taking
timony opens the door pes jury which should be closed
even at the hazard of Inconvenience.
That IL be the duty of the commissioner, to decide
upon every exhibit aud examination and superntend
the statement of the account and when com
Pleed, and when this is done, give notice those in
terested to take exceptions within 60 days from it's
cepton, and report the result Of Me account and if ob"
Jecions are made, state them and file the documents
reerted to by tue excePtor with those which induce
the commissioner to sustain override the exceptions
And TINS IN most cases. upon half sheet of paper the
whole subject IN controversy would be presented and
the copy oil vouminous account rendered unnecessa
~: and IN the event Of appeal what abour pepsc
and delay avoided. That high tribunal would in few
years be freed from of useless records which
dam up the of Justice, and which IL not removed
oy some adventurous aid threatens to deprive suitors
OF the benefit of its decisions, and thus became nui-
sance by enabling the unprincipled to postpone in.
definitely the payment of just debts. Some such scheme
promises other advantages: ii would competent
officers, uniformity in the proceedings practice of their
office, and the skill which experience would mpart far
lily IN executing the enquiries of the would pro-
duce despatch would open the those against
whom and delay had closed it, aneng Others
TO those who debarred from exercising trusts under the
apprehension of the consequences arrayed before
at Tl,py
Wou'c oeconIe willing To administer tho friend
and relative from the knowledge that they could obtain
from competent tribunal whose DEGREES are next tn con,
elusive, and moderate expense, that advice nd nro
lection which none other aord and this too with the
well founded hope, that they might anticipate the ternpa-
ton of their suits, before the hand of whitened
their locks, universal tyrant had sumnoned he
to their doom.
Itpromises remedy for evil Under
the present arrangement; the prudent and skful who
alone should administer decedens Estates
the responsibility and by declining it, throw the burthep
on serIs and other ofcers, whom it unpe SAINT
duty is evnced by their frequent appeals to the esisla
tire Tor relief II is not intended upon
the many respectable individuals who fill those Offices bv
stating that they incompetent the pressure of their
other ohcial duties, prevent the appca ton of neces
sary time and labor to defend the interests
committed To them; they supposed to feel the
same socliude for the welfare of the widow orphan
that would throb iii thebosom of relative friend the
decedent, and it is but the consequence that, to
increase their compensation, much property be-
IS reduced into money Let the experienced the
per cent sacrifice of most committed. Let ch
anxio"s parent determine whnt he would willingly spare
even from HIS comfort to avoid such ruin his offspring
II may be objected that commissioner annot perform
the duties which would be imposed him, but the expert
enccd know that although there many commissioners
10 each court as now arranged. has always per-
formed from TO Sd Of the business and when as promo
sed all the detail of calcuia tons, stating accounts &C. win
be devolved his assistants all doubt will removed
may also be said that fixed salary would destroy the
incentive to labo,: this by the fri ge tenure of
his oce let the fees for copying such papers shall be
required, form portion ofhis reward.
Announcer objection may be found in the popular idea of
having justice done at homes and it receives couueuancs
from powerful and influential class of the commi,nitv
among whom may be found some Who Dire ad the compe
ton which the concentration OF talent from wide circuit
creates, and OF others whose interest would less
advanced II was this that destroyed the District Court
SYSTEM the remembrance Of which associated with the
prosperity and fame Of the Old Dominion. That tribunal
drew together the enlightened from many counties;
ed opportunity for the Interchange of opinion nnp s
interesting to their various pursuits life, upon domestic
economy we'll national policy; tended 10 remove
and by comparing the manners and requirements OF the
most distinguished, improved their own; and the conflict
OF talent insured the best selection for public Office 1t was
there the young invited study and were taught the
exercise Of those powers e6quence that obtained for
them the admiration Of their countrynieH, nd for their ma
tive state impcrsbabe glory Who that can remember
and compare the bar them and now does not depore
the change, And shall we who the lights of expert
cnce before destroy the only tribunal that promises 70
Tcsuse'ate the character Of the profession,
union furnished with and orators and from