Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-26

That sutors should not be made to nav more
than 81 per day, TO be reported by the commits
sioners, taxed by the court, collected by the mar
shall or sheriiiS and be paid into the treasury and
perhaps for copies of papers either to have the same
destination or be the reward of the clerks:
That TO expedite causes, the powers OF the COM
missioner be enlarged in several particulars, viz:
LIST. lie empowered to issue subpenas duces te-
cum.
I'd To enter orders for examination of parties in
cases referred TO him.
3D. To state such accounts as in the progress OF
the cause referred, il is manifest must be settled
before final decree can be entered.
4th. 10 revive causes which abate in his Office
9th. 10 examine witnesses upon the written
heterogeneous Of the parties, that in the event
OF this producing inconvenience, that the nterrog-
atories be submitted TO the commissioner before
put TO the witness with an appeal from his decision
as 10 their propriety. None will deny that the
present method of taking testimony opens the door
TO perjury which should be closed even at the ha-
card of inconvenience.
That il be the duty of the commissioner, to de-
eide upon every exhibit and examination, aud SUI
perntend the statement of the account and exam
me II when completed, and when this is DONE give
notice TO those Interested 20 take exceptions with
III 6O days from its reception, and then report the
result Of the account, and If objections are made
state them, aud file the documents referred TO by
the exception, with those which induce the COM
missioner, TO sustain or override the exceptions
And thus in most cases, upon half sheet of paper
the whole subject in controversy would be pre-
scented, and the copy of voluminous account rem
dered unnecessary: and in the event of an appeal,
what labor, expense and delay avoided. That
high tribunal would in few years be freed from
mass OF useless records which dam up the source
oil justice, and which if not removed by some ad-
Ventitious aid threatens TO deprive suitors of the
benefit OF its decisions, and thus become nui-
sance by enabling the unprincipled to postpone in
definitely the payment of Just debts. Some such
scheme promises other advantages: it would en-
sure competent officers, uniformity in the proceed
nBs ana practlce OF their office, and the skill which
experience would impart with afacility in executing
the enquiries oil the court that would produce des-
patch Ii would open the court TO those againsr
whom expense and delay had closed it and a.
mong Others 70 those who are debarred from exer-
ciSng trusts under the apprehension of the conse-
quences OF being arrayed before that tribunal, I'M
der the existing organization. They would be-
come willing TO administer the assets of friend
ana relative from the knowledge that they could
OBTAIN, from competent tribunal whose DEGREES
are next 10 conclusive, and at moderate expense,
That advice and protection which none other can
afford and this too with the well founded hope
mat they might anticipate the termination of their
suits, before the hand of time had whtened their
locks, or the universal tyrant had summoned them
to their doom.
II promises remedy for another evil q nagni-
tude, under the present arrangement; the prudent
ana sklliul. who alone should Administer dece-
dents estates, know and dread the responsibility
and other officers, TO whom il is an unpleasant du-
ty, as is evnced by their frequent appeals TO the
legislature for relief Ii is not intended to cast
reproach upon the many respectable individuals
VINO I'LL those Offices by stating that they are in
competent; the pressure of their other official du-
Ties, prevent the application of the necessary time
ana labor TO prosecute defend the interests COM
United to them; they cannot be supposed TO feel
the same sollcitude for the welfare of the widow
aud orphan that would throb in the bosom of rel
alive or friend of the decedent and il is but the
natural consequence, that, to increase their COM
pensadon, as much property as can be, is reduced
INTO money. Let the experienced estimate the per
cent sacrifice of most estates so committed Let
each anxious parent determine what he would will
hngiy spare, even from his comfort TO avoid such
ruin TO his offspring.
1t may be objected that one commissioner can
not perform the duties which would be imposed
on him, but the experienced know that although
there are many commissioners to each court as now
arranged, some one has always performed from 2
3ds to S-4ths of the business, & when as proposed an
the detail OF calculations, stating accounts &c
VIII De deVoiYed on his assistants, all doubt will be
removed. Ii may also be said that fixed salary
would destroy the incentive TO labor if this is not
met by the fragile tenure of his office let the fees
Tor copying such papers shall be required form
portion OF his reward.
Another objection may be found in the popular
iaea oil having justice done at home and it re.
ceiVeS countenance from a powerful and in1uen-
udi CLASS OF the community, among whom NAV be
found some who dread the competition which the
concentration of talent, from a wide circuit GRO
ates, and OF athers whose interest would be more
or less advanced. II was this that DESTROYED the
District Court system, the remembrance Of which
Is associated with the prosperity and fame of the
Old Dominion That tribunal drew together the
enlightened from many counties; afforded oppor-
UNITY for the interchange of opinion upon subjects
interesting TO their various pursuits in life upon
domestic economy as well as national policy: and
tended to remove prejudice and jealousy froIn eve
ny corner OF the District and by comparing the
manners L requirements of the most distinguished
improved their own; and in the conflict Of talent
INSURED the best selection for public Office IL was
there the young were invited TO study, and were
taught the exercise of those powers of eIouuence
that obtained for them the admiration of their coun
trymen, and for their native state imperishabIe
glory Who that can remember and compare the
bar then, and now & does not deplore the change
AND shall we, who have the lights of experience
before US, destroy the only tribunal that promises
70 resuscitate the character of the profession from
which the union was furnished with statesmen and
orators, and from which many blessings flowed
upon the community? Is it of more consequence
tnat each Individual and at increased expense
should have this business done at home imperfect
iy, often uniustly, or that it should be done ac
cording to the dictates Of justice and wisdom at
one or two days journey from his residence? Who
can hesitate in making a selection2
III the plan proposed TO the last LEGISLATURE should
be adopted, is it certain that this popular scheme
as It Is called by its advocates perhaps TO give
weight to that which needs intrinsic merit Is II
certain that the result would be such as is antici-
pated. IL was proposed that the residence of the
hrst named defendant should fix the Jurisdiction
oil the tribunal 10 which the court should be assign
ed; what remedy is suggested for the other defen-
dants, who might reside in remote corners Of the
state. Ii seems waste Of time and labour 10
combat prejudice unsupported by reason and the
Of which should il succeed all but
ed fem