Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-21

4 befyvpPn
prinspies OF law upon which these two Courts .,ct
no adherence IN HE peculiar mode of admins
rerlnS justice proper to each-that would call fu
Soine diversity in their organization. lathe one
use the Judge, whether holding Circui. or Dis
tric, Court, decides during the term every Juru,
cause that comes 10 trial-no ese is laid over for.
consideration during the recess He listens TO tho
evidence and the argument and with the aid ri a
Jury decides nstanter- In the>other, the -Chan-
SeIior mas me evidence embodied before him In "A
'it.'eh ioFiu' winch, at his leisure, and uninter-
fupIea py perperpetnai travelling in quest OF his
eourtshe must slit and analyze; and when this .xx
Is accomplished, (often the work of mas, n
inonths) ne has then the more herculean labor ~,
perform, oil ransacking, perhaps dozen
ana OF ADJUSTING the principles they settle to
,ne peculiar circumstances of the case befor him
WIN the one, the vacation is almost a roD,D1sye
The other it is the time for greatest
aoor-the only time allowed the Judgefor porinp
over me Voiumluous records of the cases on tis
oosSe'. and limiting out and collatins the various
authorities that bear upon them In pronnrt;oo
therefore, as you lessen the interval between fte
SESSIONS o the Chancery Courts, by increasing liz.
number OF these Courts, will YOU diminish tfr>
Tune most beneficially employed by the Chanccl
% III y. ePafinS iof correct decision of the causes
depending before him.
! IL IS evident, therefore, that while Won MAY,
give TO the common law Courts such :, form .,s
may DC supposed TO promote the fayorite obiect ~
cumming greater dispatch, convenience and cheap-
ness IN tne administration of justice, you cannot al
'eihpl d IKE experiment in relation 10 yolr Chan
gerry courts, without incurTing the risk of socriE
eng greater good 10 a lesser evil What vo,
WIZ gam In chearness and dispatch, If indeed
you YOU sun any tmng,l you viii lose in the correct
anu doie administration OF the justice of the conn
try.
bui' Mr. Speaker, is there no essential difTsr.
ehee IN Inc qualifications, both natural and ac-
CURED, necessary for Judge of the General
Court, and for Chancellor Whether these f,rn
branches oil the science of law are so unlike az TO
| require minds differently organized is question
shall not undertake to decide but that a d;fT;r-
IN
dy--a different fund of legal learning are neses.
sary Tor the attainment of distinction in these two
departments OF the profession. will, presume, be
admitted on all hands. 1t does not follow thar &c
matter OF course, that an able Jutlge AT cono,nor
law VIII mcke an able Chancellor or vice verse
Aho yer, sur IT Is the purpose of this bin 10 con-
VERT as II by the touch of the magician's wand.
iouF Shanceliors into common law Judges and ff-
teen Judges OF the General Court into ChanrelIors
1uout Tue slightest reference TO the fitness or an
ilhess OF these nineteen individuals 70, the new
du'les they are required 10 performi is IN he
ihaue thanceilor-not Because he is or ever, was
" profound equity lawyer-but becausp he han,
pens TO have seat on the Bench of the (,enatnl
Court,--and Is Is TO be metamorphosed into Judre
az common lazy, solely because he has hereeofors,
been appointed Chancellor
!, am by no means disposed to underrate eitber
me Talents or learning of the Judges of the Gene,
ta,, - 1ouo' not, SIR, entertain for them
po'h coHecuVeIy and individually, as high n res
pect as any member of this House; but vet
C'Hhpt Drllg myself to believe that every one n
me hiteeh-Including the virtuous the once
learned, but now iInbecile Judge White-;. o,aIf
led 10 make an able and efficient Chanc.iIor
MANY oil them, from long disuse have lost the;r
carry store OF know ledge in this branch n, fbair
p'o.ess'on' anu most OF them are too old to COM
inence new course OF study-to be nut bach a.
was SAID by the gentleman from Amherst into ,thn
NOTEBOOK OF the science. These remarks Mr.
SPeaker are quite as applicable (perhaps more So
from The greater intTicacy of that branch n ths
profession from which they have been so lono
withdrawn) to the Chancellors as TO the co,n,nns
raw Judges; aud intend 10 apply item eoualIv
10 noth. The effect of the proposed law, then
VIII be to throw the administration of Justice I'M,
incompetent hands for twenty Eve or tbirtv 49,,
10 come This, sir, ~ N evil for which no Donsi
deratlon oil economy or Of personal convenience -
P"Fucs' or 10 those concerned in executing The
laws can compensate; and with me- forms ~ =
sell an insuPerablc objection to the pr onoscd
scheme. - oaVseo
But, sir, on the score of expediency, there IL
MOTHER, and TO my mind most serious obiec,icn
to the bill your hand. The law if II nass i,I
dedu tetteF-it cannot be carried into effect TO-
ITS execution will depend upon a eontingcnrS. .
WINCH am persuaded, even the most sai,guin..
and visionary OF its friends can hardly fatter r.
selves is likely 10 occur. 1t will depcnd ,nor' :,
Pcyect undnimity OF opinion among nineteen Lid
Ses' upon question of constitutional authority
millcn IN mas already divided, not only the LegisIa
ture, but the Courts themselves.
The case OF Hamper and Hawkins en- ofIs, 70
Ierrea TO IN the course of this discussion and
winch, II mistake not, confidently reiisa on
~ 9OiS VI uie advocates oil THIS trino.
the last winter, establishes this fact--tba, yybil
two out OF five OF the Judges of the General Co,r,
decided that the Legislature could not blend m.
! common law and Chancery jurisdiction, even b,
granting separate commission for each the M
loFlty oil the Court were Of opinion that bv dou
pic commission the two jurisdictions might he mi
'ed. IN passing, Mr.. Speaker, | would inst re
mark that in my humble opinion the fricnJs -
'hls OH nave acted most wisely in abandoning tl
ground occupied by the majority OF the Tudges j.,
this case, and taking position, which if NOT ,ena
bIe-as verify believe il is not-is al least rno~
dcicnshc th1n that from which :hey have retrcaC
ed Sir can the ingenuity of sophistry itself e,,c
gest more than ono reason for granting two ro,S
| lnissons' IL ttcO commissions be necesssr,, I,
| can only be because there are f1co Offices a., 49,
conferred; for who, ia the history Of ain p,ter,
mcnt, has ever heard of-who, uuon the ,Tlst,es.
rules oil common sense. would contend for fbe No.
cessity oi--fU commissions 10 confer one of5c p
commission Is warrant AUTHORIZING the Dsrf,>
70 whom II IS given TO discharge all the duties Of
me Office To which he is appointed--and no Other
second commission can be necessary for no ofTc-
purpose but 70 confer The party the right 10 nee
iorm the functions Of other and distinct ofirc
wo commissions, then, can be necessary for -,
other reason except that Judgeship in the Csar
] RAJ Court m one Office, and Judgeship in tb,-
Chaucery Court - another. Now sir If thne,
\ Judgesbips are distinct Offices, they are ne
such by The constitution for il is frorn that inSt,r
Incnt tbey derive their existence-and who on ,l;
iioor IS 20 bold as 10 claim or the Legislature 49,.
/ the Constitutional 'PN'"'c" Oy
| But, Mr. Speaker, 70 return from ,l;s 49,.
| SION, and 10 come back 20 that part ~ a. - r.