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

4
IS and Lawyers with whom he has conversed on
the subject, are unanimous in denouncing their
Judicial system as not only defective, but mis-
oliesouS.
There Is one other argument in favour Of the
adoption oi tins scheme, which demands attention.
not on account Of any intrinsic force that it posses
SEES, but because II is less p0cO,tS than unsound
The list section OF the Bill declares, that the Cen
eral Court shall hereafter consist oi twenty Judg
e., and the "a section provides for division OF the
State into Zen Judicial Circuits, and assigns two
Judges 60 each, And we gravely told, that |
the effect oil this arrangement will be that, here
after, your Courts shall be held by two Judges |
instead of gne. Is this so, Mr.. Speaker? On the !
contrary is not this clause of ihe bill utterly alla
cious aud deceptive? Sir, it keeps the promise
70 the car, but breaks it TO the understanding"
Let us, for moment, examine this matter. I'm |
der our present system, the Circuits contain Sc
ven counties, in each OF which single Judge
holds only commou-law Court. II you arrange
the State into ten Circuits, and require two Judy.
es to sit together, the Circuits will contain on an
average, ten counties and half. You are thus
increasing the duties Of each individual Judge
precisely at the rate OF so per cent for, presume
neither his physical nor mental labour will be
much diminished by his having one of his brethren
4, his elbow on the Bench, his travelling
companion through the wcafisomc pilgrimage vi
his Circuit
But, sir, this is not ali-you not only increase
the number Of his Courts one half, but YOU super
add 10 his present duties those OF Chancellor At
of the Ceinmon-law business of the State, and
no portion whatever, of the Chanccry business
and the slow aud sluggish pace NJ which Justice
hobbies Though his Courts, is urged one Of the
objections to the present SYSTEM by those who
persuadng you 20 accumulate upon him, not only
the tenth, instead of the fifteenth part of the Com
mon-law, but teuh also of the whole CtdRceyV
business oi the Commonwealth Ii is obvious then,
that ihts promise OF havin. two Judges TO Court
cannot be fulflled--and the inevitable conse-
quence VIII be, subdivision of each Circuit be
tween the Judges assigned 10 it. Thus, sir, while
we are tautaiZns ourselves with the benefits which
all agree III asciibing TO the DiStIict--we shall ex-
peiienco nothing but the unInxcd aud unmitgat-
cd evils Of the Circuit Court System. Besides,
Mr.. Speaker, the advocates of the bill should re-
coec; That the very fact OF urging this considcra
ton on the House Is distinct admission Of the
advantage Of having your Courts holden by f,ro
Judges instead OF One-that is TO say, sir of the
superiority oil the District over the Circuit Court
| System.
! As connected with this branch of the discus
sion, beg leave 10 present 10 the House one other
view al this subject. That there is something
wrong 10 our Judiciary-that ii does not accom-
piish, by the best means the objects of its insttu-
ton, Is admitted on all hands; and the grievance
most generally complained of, is the tardy admin
istra;ion OF justice Sir, this is a great and seri-
Gus cVil-but II Is AN evil that will not be cured
but aggravated, by this favorte nOsrum of our po-
hlcal doctors, who seem to me 10 have mistaken
both the character of the disease, and The indca-
ton OF cure. The mischief they wish TO remedy
though II has its primary seatn the inferior Courts
exerts its baneill influence chiefly in the Court of
Appeals Ii Is htre sir, that the stream of Justice
! Is choakcd and damned up, by perpetual accu-
mutation OF business, growing out of what be.
lleV's inc lawyers call intericcutory DEGREES, by
means of which the same cause may be sent I'M
some halt dozen times TO the Appellate Court
and out of your Circuit Court system. sir which
by compelling the Judge 10 be travelling in quest
OF his Courts, when he ought to be reading-de-
prying hiia OF perpetual reference to his library
and, above all, by substituting the hurried dcci-
sion oil one Judge Tor the deliberate and we'll ma
tured opinion OF tICo, has infinitely lessened the
confidence OF the people in the wisdom of your iu-
dical tribunals. The natural consequence is. that
IN every cSuse of Importance, the party appeals to
the Court of the last resort For all practical uur
poses, therefore, for such cGuSeS we might lust as
well have but one Court nay, sir bettei-ior par
ties would then be saved the useless expense OF
I litigation in the Courts below.
! 1t would seem TO me then, Mr.. Spealker,-and
being one OF the na5liiiafed it is with the most
I profound humility that venture even 10 offer a
nihi on SUBJECT purely Professionalism, il APP
pears to ine that the only safe and cficacious re-
nlcdy toT the grievance under which we are labor
ing IS in the first place, the adoption Of some such
system as that suggested by the gentleman fro II
Amherst, a few days ago, (when discussing the
proposition Tor branching the Court Of Appeals)-
/ appointing as master commissioners who are
both fdiCyeTS and accountants, who should settle
! ali accounts brought before them upon general
legal principles 10 be Laid down, in the way of III
strucuon, by the Chancellor, and who sl6;lId he
paid liked salary out OF the treasury like the judy
es; kind OF sub-chanceor, or master of The rolls
who should perform all the druggery of the Office S
| TO which no one man is coiGpctent- 2dy. withhold
ing tue right OF appeal upon inerl0cutory DEGREES
-5dy requiring all the facts of tie case 10 be as
ceridDed, either by the Chancellor, or by Jury
lmpannelied for the puTposC--and lastly leaving
nothing Tor the Court of Appeals but In settle the
points OF law that may have arisen in the nropress
-, OF the cause. And in the second place,-to rive
to the inferior courts both Of law and equity such
an organization as shall restore them To the conf
dence OF the people,. rand satisfy those on
whom they operate tbat their rights and interests
are safe in their hands is such, sir the tendency
OF the bill on your tablet Exactly the reverse-it
/ proposes to make Chancelors of men who. per
maps, never in their lives had the management of
cause In equitI except in the county court-and
common Law Judges of those who probably
iOT twenty years have had no occasion 10 refer to
q common law authorily-besides compelling the
( Chanceiiors 10 ambulate through the country In
pursuit OF their courts, instead Of remaining static
nary IN the midst OF their business and their books
and deIVing over the causes they have to decide
10 the PeFepetetc Philosophy the world owes many
oDhgatons--to an AiReTaHt Court NJ Justice lis
debt OF gratitude is not likely 20 be very great
come now, MIR. Speaker, to the other and
much important branch Of this questo-i-tbe CON
shtuiionai authority OF the Legislature to pass
the bill in your hand
gu Canned have forgotten, sir, the taunt thrown
cat by an eloquent gentleman from fhe county of
Norfolk during the last winter, against the Lee
gisidture oi FIrginla--that while thcy would res
lFict the Federal Government to a literal and mar
10" construction OF the constitution Of the United
states, they were perfect iattudinarians i'm the I'M
eiPfctauOn Oi their own powers under the consti-
tuHOh ol Hgihla. For one sir, cannot admit