Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-19

CT,T
the frmor basis of their spirit AMI their virtue
When this spirit is extinguished-whent this vr-
tue Is denied. YOU might we'll attempt 10 fetter
the waves OF the with sand. or bind flame with
iiax' as to stop the progress Of corruption andthe
downfall of the government, with your pape, and
your parchment bonds
ne pathological construction of this instrument
mas been SO fully and acutely discussed by the
n'eihgent gentleman from Westmoreland, (Mr
Newton,) and others that cannot add any .hinn
and shall not fatigue Che House with repetition
oil what has been better said than could saw H. :,
shall, therefore, only remark, upon one con-
sututlenal difficulty which appears more q mat
ter OF subStance-l mean the difficulty of trying
the Judges. The Constitution provides that the
Judges of the General Court shall be tried before
the Court Of Appeals; and under the genera,
clause in relation 10 all officers it seems to be
conceded though do not admit IL, that the Chan.
ceiiors arc to be tried before the General Court
Now, Sir, in reply 20 this difficulty will merely
observe, that these Judges of the Circuit Courts are
not TO be men beside themselves They are 10
have an individuality Circuit Court Judges, the
ohdncery courts being destroyed, and the jurisdic-
uon transferred To the Circuit Courts Ard being
mus circuit, or General Court Judges they will
be trable before the Court Of Appeals no matter
whether the offence committed be in the admins-
tra'ion OF the common law, or Chanccry iurisdic-
ton.
Passing from the constitutional question. will
now proceed to examine if this bill be expedicnt.
IL II be eXpedient TO contribute TO our peopie ron
venience--if it be expediont TO diminish expense
In our legal proceedngs--fit be exped;ent 10 have
good and able Judges, and TO accelerate the deci-
sion oil causes-then is this law expedient Who
Is there WHO docs not rejoice at the change OF the
old District System TO the present Superior Court
system! 90 through the country, and YOU will
una the people rejoicing in the saving of time la
! Dor and money, whchit has produced Wen, Sir
IL we take law about from county TO COUNTY. WHY
not take equity 10 temper its seventies. But The
S chuenan from Amherst says there is no analogy
between the two cases l grant that the necessity
Is not SO great in the in the other but still
there is great necessity even here.
would ask II ii isnot necessary in almost every
i9r cfents IS well as counsel to resort 10 the
page where the Court is held periods between
The terms L would ask farther if if is not moro
convenient 20 ride five miles than a hundred !,
ANA whether that gentleman (reasonable.and lust
] us know he ISL would not charge more for ridng
one hundred miles than FIVE Though issues are
most generally directed TO be tried in the counties
where the parties reside, yet it is in the Chancel
Tors power TO direct them TO be tried AZ his o,v,
| par; and have known this to be DONE and mar
mes ana Az or 90 witnesses dragged thirty miles to
,ne 'riai Way, more and are not clients forced
there to answer interrogaories.
Sir the gentleman from Amherst said clients
had no business at the Chancery Courts This is
Tree country, and every honest yeonan in il has
| right to be present in Court, and wishes TO be
present In Court and to see the mode of dsposing
| OF his hard-earned property. That they wish it
SIR Is proved by the fact of their constant attend
ance IN the county Courts, whether their case be
at common law or in Chancery We LAWYERS
I'he gentleman says are the Saviours of the land
have known some uncivil persons who called ,1s
by very different title ssthe Iocttsts of the lard y
BE that as II may, believe we are not much bet
| ter nor much worse than our neighbors--And do
DeiIeVe farther, that we not the worse for A
Ht'le watching, and that our exertions will not be
oiinihished by having our clients at our elbows
Sir, 1t is usual for many LAWYERS TO practice in
the Chancery Courts, who do not practice in the
other Courts in the counties where these Courts
are established. Our System keeps our LAWYERS
oonIS'1uuy engaged IN the counties where they re-
gularly practice. The consequence is. that they
rarely 60 to the Chancefy Court, except in term
time, and very often when they go there eynect
ing case ready for trial, they find IL NOT So for
want OF some entry which should have been made
at rules IN vacaton-and thus great DELAYS are
produced. III the business were divided the Law,
yers would coiiiine themselves to the countie. l.,
which they regularly practced; they would bo
therc every month, and the docket when divided
being small IN each county, they would constantly
have their cases under their ewes and be abJe ~
press them on 10 trial. The next consideration is
SAVING expense The whole country is CRYING ont
that the bur'hen OF costs is too grievous to be
borne; that they in many cases overrun the claim
in controversy; and that it is better 10 abandon
rights than prosecute them. will prove that the
costs will and must be greatly diminished bv the
contemplated change. All the expenses of parties
In their necessary visits TO distant Court will at
I'4SS DS nc duuiucndl Charges which
Lawyers find it indispensably necessary 10 MAKE
Tor the increased labor of travelling and absence
from home, will also be saved. The Marshall. as
the law now stands, receives, and very properIv
100, three times as much the Sheriff for service
OF process: This would be saved But the great
costs OF Chancery cause arises from the necessi
ty oil counsel for copies, and the enormous COM
Pensation the law allows the Clerk for those CO.
pies. VIII venture TO assert that one half Of the
court COSTS IN every suit in Chancery arises from
miS source. Now, # the papers were distributed
In the different countless copies would be in a ,reat
measure, unnecessary-counsel would as tllev do
now In the county courts, go to the office and make
abstracts OF the material part of the record without
having crainmed into the copies all the rubbish
there. - 90
But, sir, lift did not lessen the expence one cent
should still contend, that it was matter Of great
importance to the people of each county, to keen
'he!r money among themselves and not export #
TO the metropolitan counties, to give overgroyvn
them. "5
said, that this law would contribute to maize
good Judges. Nothing is more true than that the
more you exercise the intellect the brighter If will
become; and there is assuredly no better exercise
lot Judgc mind,than hearing &, deciding causes
provided his exertions not too severely taxed
Dut gentlemen say, That this will be imposing too
nuch labor on the Judges. The Judges of a iarpe
majority Of the States, have this COMPOUNDED H.
flsdlciIon and they get thro with it; and sbonld
DC sorry TO disparage our Judges, by Surprising !
hat thcy are not as learned and as patient of toll;
a. those Of other States '''
Another very important advantage Is, that Judges
OF the Court OF Appeals, will come to that bench
he'ter prepared. When Judges are appointed 10
tle common law Bench, they neglect their Chan.