Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-02-21
VIRGINIA LEGIsLArURR.
HOUSE OF Delegates.
CIRCUIT COURT BILL.
Speech of Mr.. Cooke of .9ibe,u,rYe

rising to address grave deliberatve body. But
the peculiar circumstances in which am placed
impose II upon me as duty, TO ask the indulgence
OF the House for a few moments while | assign
TO give.
1t is ms misfortune, Mr.. Speaker, to find my
SELL ON the question before the House, directly al
ISSUE with my friend and colleague, from whose
opinions on any subject, but especially on one
Intimately connected with profession of which
ne Is member and an ornament, car never dis
sent without dstrusting the correc nesS of INV own
Jointly representing the interests of the same peo-
pie, 1t at all times desirable to me, to find per-
iect accordance of opinion between my colleague
and myself, but particularly On a question like
that we are now discussing, which, from the i'm
Portaht change 1t proposes to make in one of the
three great departments of the government, cannot
fail TO carry in its train much of good or of evil
believing that the practical operation of the con-
,efnpiated change IN our Judicial System would
De nischievous, and not sautary-and satisfied,
after the most careful examination, that 1 have
foeen able TO give 10 the subject that we have no
authority under the Constitution, 10 make this
lchanSe-aud having, moreover, as before stated,
the misfortune TO differ with my worthy colleague
upon both OF these points, owe il to myself, and
10 those whom humb!y represent this floor, to
explain, and II can, TO justify the am a.
bout TO take.
Entertaining sincere Difference for the iudg-
nlent ana legislative experience of my friend,
came TO the examination of this subject with the
strongest pre-disposition TO favor measure which
round nm ready to support, with his accustomed
zeal and ardor. But this examination has resulted
not only In doubts TO the expediency Of the bill
In your hand-but in no doubt at all as to its an
constttutio7idhty. The same honesty of convic-
nom therefore, that calls upon my friend to lend
| 10 inns measure the powerful aid of his eoqucnce
VIII justify the humble opposition find it my du-
ty to offer.
The question before the House, Mr. Speaker
divides itself into two distinct propositons-first
as to the expediency, and ID, the consiiutionality
OF the proposed measure Ii the bill on your table
involved only an enquiry into The policy of the
change 1t proposes TO make in our Judicial Sys-
TEN, should have labored with earnestness to
subdue nay own objections TO the scheme and 10
surrender myself to the guidance of those who
from their particular course of study, and profess
slona familiarity with such subjects are best quail
hed 10 pronounce upon its probable practical re-
suits. But even then, Mr.. Speaker Judging of
the present by the past, the weight of authority
would be found TO favor my individual opinions
Tor when similar bill on its passage through
nus House, at the last Session, very large ma
lJoriiy oil the gentlemen OF the Bar, ii l am not
greatly mistaken, were found to record their votes
against it. This diversityof opinion among those
TO whom we naturally look our pilots through
the difficulties presented by the subject leaves us
! al Hberty-nay, compels US, TO grope our way in
the best manner we can, through the surrounding
darkness-and will, trust, be taken as n sufficient
excuse by the legal gentlemen of the House for
one, all unearned in the law, venturng TO express
MS humble opinions on question Intimately con-
nected with their profession. Yet Mr. Speaker
sensible OF the risk encounter, OF being denoun-
ced as an interloper, and aware OF the tender
ground on which tread, shall hurry over it as
rapidly as possible, and endeavor TO inrench NV
SCI; behind the impFegnable barriers Of the Con
stitution
The bill in your hand, proposes most impor-
tant, nay, radical change in our Judicial system
Not content with uniting the jurisdiction of two
separate Courts in the same observation-disclosures blend
ing two Courts III one-it also proposes to convert
| your Chancery into Circuit, instead of District
courts In pronouncing upon the consequences
likely TO grow out of the last mentioned of these
changes we are fortunately not left 10 specula-
ave conjecture alone, but have the benefit of ac-
tual experience TO guide and direct u.s. This ex-
pertinent has been fairly triednot sir in relation
! 10 the Chaneery, but to the common law Courts
and appeal to the candOr of every LAWYER who
ilears me, TO say, whether it has produced those
happy results, confidently predicted by its
friends! affirm, sir, that have no recollection
ever to have met with more than one or two well
Informed Lawyers, who did not admit, that the
substitution OF the Circuit for the District system
had been mischievous-and that il had produced
an evident deterioration, both of The Bar, and the
Bench.
IL this be So Mr.. Speaker, what incidental con-
! venienccs attending the change can compensate
for this great and serious evil ? In the institution
OF every Judicial System, the impartial faithful
ana doie administration OF justice is the first-the
reTy tirsf, consideration. Despatch convenience
and cheapness are important, hut vet stbordindtc
objects; and every system is defective in the ex-
act proportion IN which the former are sacrificed
| to the latter. That this sacrifice was made TO a
most mIschleviouS extent, in substituting the Cir
cult for the District System, in your common law
/ Courts, seems TO be generally admitted by those
best qualified to judge of the matter-the well-in
formed Lawyers Of the commonwealth.
! am aware, Mr. Speaker, OF the delisacy Of this
SUBJECT know, full well, how unpopular il is To
say aught against this fdroitrite Circuit Court
/ system, which we told has entwined itself so
closely around the affections Of the people But,
slr' am arguing, not 40 much from my own con
vicilon on the subject as from the declared opin-
/ IONS oil those much more competent to decide the
! questionable Lawyers themselves. And vet.
I Mr.. Speaker as consideration of self-interest
shall ever deter from the avowa Of my honest
| opinions, when called OH as l now am, 20 make
such ayowai-I have no hesitation in saying, that
agree with those who think the change from the
District TO the Circuit Court System was InpoliGc,
and has been mischieyous.
Why then, will gentlehen-many Of whom, !
doobt not themselves entertain this opinion-per
sst IN their efforts to introduce into another branch
OF the judiciary, auprincple which experience has
proven 10 be den scus, and productive Of any
thing but of good How is IL that they look upon
this experience - an example to follow rather
than as beacon % warn' Is it that this change
IS less Objectionable, in relation TO the ChanceTv
than to the common l-'v Courts So far from this
being the case, that it seems to me exactly the
reverse IS true; for there arc many. aud sirony
considca lions, in favor Of the latter that are not
at al applicable 70 the former. Your common
law COuris being part, and most important part
OIL the police Of the land, criminals had under the
old system, TO be transferred and parties, witness
es, and veniies, 20 be dragged from the various
counties q tie District 70 its centre. In civil
ses also, the evidence hcing oral, witnesses and