Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-22

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Office, ii It did really require mere Intellect TO
administer the one than the other--if one was
more difficult than the other that difficulty would
belong to the acting upon the artificial diStinc
lions oil technical law. refined often TO elude
the eager pursuit OF the most devoted minds. He
said, the two systems did i'm truth constitute but
component parts Of one whole; they are both modes
oil dispensing justice, and the rights Of property
are equally the objects OF each; both are equally
subject to the rule of authority TO the. whole
mass OF decisions, both governed by the statute
law, and OF no authority, except far as licensed
| ~ that law Equity must follow the law, but the
soul OF equity should breathe under all the forms
oil law; and, upon no scale of reasoning could "a
| ny natural disagreement be established between
the two. Mr.. C. said, that gentlemen sometimes
seemed disposed to try the subject of law and G.
guilty, under their views of an absolute incongrui-
~, IN the one, 20 the other by original principles
Dut IN every eiinrt they made, they descended to
tue ucinluonS OF mere SITUATION and circums lance;
and even in their attempt to make Chancery modes
oil proceeding the only peculiarly of equity
their distinctions eluded the settled accepta-
ton oil that term either in England or orr own
country. lie said, the powers and Jurisdictions of
Tie Chancellor as practscd in England at this
tmc,were, IN many points, inapplicablc 10 the svs
Tern recognized ia this country. In England, the
policy OF making the laws more simple and com
nensuratc with the popular mind, did not prevail:
IN our country, II of the most sacred du-
Ties OF the legislator 10 do all ho tcould to effect
that object And, he believed, very much 10 the
honor OF the Committee of Courts of Justice, they
mad adopted that duty as imperative rule of ac-
ton; under the principle of this rule, the superb
or,y OF simple construction Of The statutory code
Is declared 10 be best adapted TO the ends of ius-
hce; and we all Know, that the statute is every
cSy altering and explaining the other parts Of the
system; and that many of the Common Law re-
liemens, which, NJ our FIRST adoption OF that sys-
TEN OF laws, were found coalcsced with its organic
structure, have been broken off by legislative ac-
uon, and now lie the objects of ridicule 10 the
posterlty of those, who, under another and more
ancient regime, regarded them with entire yenera-
non. lie said, that, in order 10 hold up this bill as
strange measure and dangerous experiment.
gentlemen were forced TO avert their eve from the
history OF legislation in the country since the revo
luton. They had agreed to forget the origin of
all the courts of the country, aud to fancy they
could proceed independently of the will OF the le-
gislature all this Is done to enable them te mar
the features OF the plan under consideration, when
IN truth, the whole scheme is predicated upon the
unity OF the judicial office axiom, aud deems
every Judge, who has been once appointed by
Joint ballot and commissioned, as appointed TO ad-
minister the laws of the laud under the direction
OF the legislature. And if gentlemen would rest
satisfied with the demonstration, flowing from sim
plcity and truth, this plan would exhibit more real
science than all their technical arrangement int,
separate provinces OF Judicial power Sir said Mr.
T., II this bill proposes to make change greater
than usual, yet IL is called for by the wants of The
community and will, when accomplished be re.
"
wisdom has enacted for the security of the inter-
ests OF the people. The objections which are
made to some oil its details, have been urged upon
strange view OF the whole subject; and in order
TO crush the hope of reformation in the present
abuses it has been required of the friends of this
bill TO present plan of entire perfection. What
would be a perfect system, has not been explained:
because II was not the purpose of those, who urge
the objection, TO afford the aid of their minds 10
make The present bill even tOerable: but obiec-
tons have been raised which do not apply 10 it
In this spirit, the entire abolition of all equitable
proceedings has been spoken uf-when the bill
does not call for the slightest change in the rules
OF proceeding: It leaves the whole subject lust as
it now stands! At one time, great vencration is
expressed for the Common Law and al another
the civil Law proceedings in Chancery are great
~ TO be preferred over some of the most valuable
institutions of the Common Law. lie said, the
Common Law was worthy OF high regard, but he
had never made it the idol of his fancy. He was
aware that some of its institutions had given way
IN country 10 the superior character OF parts
OF the Civil Law; but he certainly much attach
ed to the trial by jury, aud 10 the system of viva
voce testimony; and he should regard the subject
as one OF great Importance for future Legislative
deliberation. Again, Mr.. Speaker it has been sai!
that the people have nothing TO do with this ques-
lion; and 1t has been argued here, it this sub
Ject was emitted, from some cause or other, 10 I've
considered OF an order above the comprehension OF
this legislature. There ought 10 be no hesitation
on the part OF every member OF this House TO re-
pei The force OF such an argument, as one in con-
iiict with the Constitution, and inconsistent with
the rights of the people. Is it not an allusion
wholly unworthy Of the character of this House!
Is II not one which does not even court the audi
ence OF this House, and which is surely entitled
to no consideration? We represent great system
OF social ties and interests; and the nerve of con-
nection between the representative and the people
Is responsive to every minute feeling Of interest
or OF political opinion. Those who represent the
people OF Virginia, on this floor, must express
public opinion: they can scarcely mistake it. He
presumed ours was government founded in great !
and acknowledged principles, ana had been adopt
ed with much sound icliber9tion: and he was will
ling to rest the popular right control its admin
straton, upon the maturity Of the faculties of the
people; and he was willing, at all times, to take
The legislature, chosen by the people, as the proper
emanaon from their sovereignty. He was will
ling to give the character of the people fair pay
Ills maxim was TO advance the interests of the /
whole system Of freedom, seeking only TO guard
against injustice. Under this view of the govern
ment, he regarded the wishes Of the people as an
active agency in prompting measures, which the
public mind had conceived, and to which it had
impaired solid existence. IL was Tor the repre-
sentaves OF the people to Judge OF these measures
when proposed 10 them: to adopt any other theo-
ry, would be TO surrender the great principles Of
the Constitution, and TO impair the spirit of the 90
yernment. This would be to sink the sovereignty !
oil the people in the prospect of an intellectual in
lerloity oil their representatives, 80 great as 10
give practical veto to the whole theory of tn. !
constitution. II being an established doctrine that !
this House cannot constiiuOnaIiy delegate any of
It's powers and duties, il follows that responsibility
rests upon US as the representatives of the people:
and III the case now demanding our attention, the
duty oil applying remedy to an evil OF great mag
miude, did oil itself enhance the general pofisi-
bihty--but, although he was willing to debate the
folly or wisdom of the uarfcilar measure ,,.t lao