Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-09

IS true that law and equity are Synonymous for
Justice II Is true that law il the rigid rule and
the letter, and equity the exception. II Is also
true that Sleai7ntDR jas is sttD,n,o iiiu1id: And
hence II has been found necessary 10 subject the
rule TO the exception in the administration of JUS
tee, IN every civilized country upon earth. hat
boots i, II tho rule and the exception applied
by different individuals! IL Is but the same labour
assigned 20 different hands And contend. that
division OF intellect tends as much to proficiency
and despatch, division OF labor in manual opera
tons. England is a striking proof of this. Nay
more; contend that it is wise policy 70 have
these distinct uibunalS as mutual checks upon
each other, not only in the instance OF their anne
inability TO impeachment, but in others: And, in all
human probability, the trainers of the constitution
had thisl III view. in England, the Court OF Chan
Gerry exercises sort OF supervising controlling
influence over all the Courts Of the Kingdom:
Such, Tor instance; as the power of granting new
trials in certain cases. This power, if l not
greatly mistaken, extends even 70 criminal cases,
where proper case can be presented; and such,
presume, Is the power OF our Court OF Chanccry.
In your fiscal department, you have your chec!cs
and balances, and your division of labor-your
Auditor, Treasurer, Second Auditor, &c, and so
IN other departments. Why should they not be
useful in the Judicial Department. Gentlemen
will tell me that part of my objection TO the
amalsomation does not exist; for, say they, the
Judges VIII separate aud carry on business in diff
ierent counties in their district at the same time.
But this admission robs the bill Of the brightest
has been relied on of its greatest recon-
mendations: but the truth is, fear, we should
neither have the two together, part in the
district AZ the same time Finding that one can
do as we'll az two, two viii rarely attend-for their
own convenience they will attend alternately, as
they now attend the General Court. But the
Judges are unfit for the new duties assigned them,
from habits long formed as well from the nature
OF Their respective requirements. Can you eX-
pcct them. aged as they are, many of them, TO
return TO the horn-hooss OF the profession? Sup
pose, then, with their present qualifications, that
law Judge should chance to encounter the chan
Gerry docket and chancellor the law docket!
what progress or skill could we expect in the dcs
patch Of busness' Suppose these iinerant Judges
IN their brief terms Of week, should chance TO
fall III with such cases as Ross and Hook, Webb
and CostOn, or Brown and RiveS, aud similar ones
which, sooner or later, present themselves in eve
~ Chancery Court ask, what is to be done
with them? Ia a Chanccry Court, the most impor-
tant part of the judges business, grave and ma
trrc deliberatioc aud llbCrous research, Is work
OF the vacation. How are the two Judges TO carry
on their conjoint deliberations? Who is to take the
record: or must there be a copy made out in every
case, adjourned over for advisenent and at whose
cost: W hat would client think Of paying $500
the price OF the record in Brown and RiYcs, for the
purpose OF accommodating of the Judges in
vacation? Nj Speaker, hesitate not To pronounce
the scheme wholly impracucable and mschievous
IN the extreme, If 1t even practicable IL is
needless TO dwell longer on this part of the sub
Ject The main complaint Is OF account of the
delays in Chancery: this bill would create greater
delays both at law and III equity. The gentle
men complain that CIancery Courts are evils; that
sutorS dragged 10 their bars from all quarters
OF the State-and yet they are willing to multiply
these evils from 9 10 upwards of one hundred
They are willing 10 multiply the means of har-
rassment TO the people of the State; for let it be
remembered, that these Chancery Courts are 20
have the same power and jurisdiction as the pre-
sent Courts OF Chancery 1t will then be in the
power OF Court in Brooke 10 bring to its bar, by
subpoena Or attachment, las the present Chancery
Courts CAM n SuitOT from Accomacis Under our
present system the suitors meet upon middle
ground, which IS unquestionabiy the most lust ar
rangement. The gentlemen, too, have mistaken
the causes Of delay Ill Chancery Court they are
III some degree inherentin every Chancery Sys-
tenn; 1t results from the number Of parties and the
nature OF their DEGREES. We are indebted 10 the
gentleman from Petersburg for some remedy in
the delays consequent on the practice and the ma
ture OF the process believe that other salutary
amendments might be engrafted on the system,
tending still farther TO abridge delays and save ex-
pence; but soue delay must be encountered. We !
are told by Sir William Blackstone, that delay is
the price frceInen pay for their liberty and property
and the faithful and enlightened administration of
justice. Summary justice if justice it be call
ed is rendered by Turkish Cadi, a Court of
High Commission and Star Chamber or a Spanish
lnqusition. But that sort Of justice, trust, we
would not purchase at any price We will submit |
TO delays rather than injustice.
MIR. Thompson said, if plurality of judges, and
an even number, had been found incou-
venient in the progress Of suit at Nisi Prius or
any law court, where the points were few-he
asked, what would be the Inconvenience resulting
from that circumstance in Chancery causes, be-
tween which and causes at common law, there
was marked a difference. At law there was
frequently but one point to be adjudged, and
ever many, comparatively speaking; but
III causes most common in equity, ii was widely 1
different. Consider the various intcrlocuary or
deTs, the numbers of parties and points, aud the
multifafious and complicated transactions enbrac
ed in final decree; consider the nature and de-
grees OF relief extended to these various parties
aud tell me how these judges are to get along att
al, should they chance to differ in opinion There
is provision made for such difficulties in the blk
nor, indeed, could ii be well done by the utmost
stretch of human ingenuity. lie was satisfied oil
the truth Of the remark made during the discus !
sion OF this subject last winter by distinguished
momber from the county Of W ythe, that Chance |
ry doctrines could only be well comprehended |
and its jurisdiction applied by single mind. Ii !
was little remarkable that whilst other countries
which assigned plurality and even number Of !
Judges TO their courts, aud were suggesting the re-
lnedy, we should be heedlcssly embracing their 1
exploded systems. The juristconsults Of En- !
gland were now complaining OF the number of /
judges, composing her three great Courts oil
Kings Bench, Common Pleas, aud Exchequer-l !
The case Of Pennsylvania, who re-organized her |
Nisi Prius Courts, By ASH ming 20 each, one ia
stead Of more Judges, has already been cited
Mr.. T. said he objected to any material change
in our Chancery Court and Circuit Court System 4
He was free 20 admit there was time when he /
the abolition OF the old District Court il,
possessed great advantage in the despatch Of bust
ness; the weight authority Gifts decisions the dig
nifty and ability, of lis bar and its bench-It was
deed, nursery for the bar, and whatever improves