Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-26
From the Political Arena.
TIE CHANCERN COIIRT


arated from the community of which he u
member; but few laws were necessary for his
protection, and those OF the most simple character.
SO in despotic government where the will Of the
despOt is the rule of right-there no necessity
Tor extensive enactments. But in age as en-
lightened as the present. with an increased and in
creaSing population, whose pursuits and occupa-
tons have become more various and enlarged. and
in free country like ours, where the object of ell
Legislation Is TO permit the greatest share of liberty
and the most extended enjoyment OF rights and
property consistent with the public veal, it was
necessary to multiply laws which became more
and more complicated as they were enlarged, and
consequently the tribunals TO adjudcate them,
were increased TO meet the wants Of society. In
the necessity of protecting the virtuous, aud re-
sranng the vicious, will be found the origin of all
laws and of the institutions to administer them.
Il his created that system of jurisprudence which
our fathers have handed down 20 us, and though II
may contain imperfectons must ever he deemed a
monument of their wisdom. II is tho right of every
freeman to suggest alterations in the code OF laws
which influence his happiness and restrain his
right oil action, and without its exercise the rude
attempts OF our ioreiathers in the sience of GO
vernment and of law, would have inflicted upon
their posterity the most oppressive burthen, but
whilst this il admitted with the utmost latitude, il
cannot he denied that the spirit Of innovation
the love of fame and distinction, not unfreQuently
excites youthful legislators, 10 seek by some new
enactment TO immortaZe their brief public life,
without sufficient regard TO the consequences upon
that community whose rights and interests are
committed to their care. Are there mono among
those who seek TO PROSTATE our system of equity
Jurisprudence, who, ignorant of the principles
winch govern II, or OF its practical operation
ciety have their zeal for the public welfare greatly
quickened and excited by their private interest,
vino at one stroke of the pen, would blot out
system which the wisdom OF ages has been en-
pioyed in erecting, and which many enlightened
and impartial men in the community, deem the
brightest feature in our judiciary.
That our Chancery system as at present organ
led is imperfect; all who are acquainted with it,
VIII admit; but, when il is proposed 10 abolish
entire system instead of amending il, measure so
deeply interesting TO the community, it becomes
the duty OF every member however feeble his ca
paclty, to weigh with care and deliberations the
consequences which may flow from it and equal
~ Imperative Is the duty Of those who feel an in
tcret IN the general welfare, TO present for that
deAberaton such reflection as experience has sug-
gested TO them. The widest theorists hesitate 20
strike from our code the entire system Of equity,
out contend that the union of courts of law and
equity would avoid the expense and delay inciden-
tai TO the present organization of the Chancery
courts. Let us examine this proposition, and first
as 10 the delay. According TO the scheme of refor
nation proposed TO the last legislature there would
be lO7 Superior Courts of Chancery, instead of 8,
as exist under the present arrangement; and the
Judges OF the courts of law were in addition to
tsgeir duties as SUCH 10 act as Chaneeilors. Row
every well informed Jurisprudent knows that the
oSAShCes Vi law ana equity, though remotely con-
necten, are yet separate and distinct, and that a
HE oil study IS scarcely sufficient TO master either
Oh them. Can 1t be expected then, that the Judges
OF courts OF law, can be competent 10 act as Chan
ceilors-wi they If II were possible, at their ad-
vanccd period of life, pursue the necessary studies
or seek the decision of those subjects which they
ieel confident would expose their incompetence
III they voluntarily examine the dusty Iedgers
Noiumcs oil complicated accounts, or the moulder-
ing mass oil antiquaed ruin, which many Chancery
ne {,I .4.a
laborious matter for the lively and animated dis
cussion OF tact and law before a Jury upon whom
they can throw the weight and responsibility OF
erroneous decision? Who can doubt their choice?
IRON winch the consequence seems inevitable,
that they would as now, from sense of duty first
transact the commonwealth business and from
Inclination, that connected with common law; and
by the period these are completed, be compeIled
10 hold their sessions in another location where
The same results will flow from the same cause :.
and thus the individual who 10 excite pon,Jar
prejudice, 1t IS said has grown grey whilst pressing
ms cause before tribunal specially created TO de-
eide ms rights, will find his hopes of its termina-
u0h' ehued forever. But such a system would
ailoru relief to That portion of the community
whose consciences VIII permit them TO seek bv in
Juncuon, whether upon Just, or unjust pretensions
an estoppel TO proceedings at law; for no man
could with certainty, anticipate its dissolution in
the usual period allotted to his existence. Com
petent officers, produce dispatch, and 60 that ex-
tent, decrease expense. Would the proposed sys-
tenn produce this effect? The present arrange
,i'cii concentrates the business ora district and 10
TWO or three commissioners, all orders of enquiry
are directed and yet the experience of those prnc
ucnIiy acquainted with the subject admits that the
compensation is not sufficient to command the re-
quis'e talent end requirement; and that both are
necessary TO the proper discharge of the duties of
tn1t ohlce, will not he denied when il is rccollec
yea mat the channcellors from necessity adopt
RUE 10 confirm all reportS except in such nar.iru
lars as objections are made TO them from pcceesi
w ioT howiis 1t possible that with the proper dis
charge OF their other official duties thew could ex
ahihe the Volum!nous matter referred to them al
every term! How many parties have conpetent
kno"ledge TO make legal objections; and even in
Inc enlightened profession itself-there are many
ornaments who are not skilful accountants and
uiuS upon te ability and requirements of the com
missioner, the rights and interests of large por-
uoh OF the community made TO depend. If the
compensation is not a sufficient inducement now
VIII 1T become so, when divided az it must be by
the proposed arrangement. This will not be nre
tended nor can it be denied that TO reduce the
grace Oh talent, in office, there is no more direct
road than the decrease of emolument Under
such system htigants would have to pay the
commissioner and at the same time their respec-
1--WE counsel to perform that duty TO which ne
"ouIu De incompetent, and none acquainted with
lne combination OF numbers can doubt the increos
ca expenditure which would result from such a |
process But the evil would not end here for il
- ScarGeIy possible the opposing counsel would
agree ue court neither could nor would settle fbe
account, and every case Of much volume or diff |
Cuity would be suspended in Chancery'' f,revert
II ~ best TO strike at the root Of the evil af once
anu 70 aaoPt me true principle for whilst It can
not De denied that the present system does NOT hold
out Suhclent inducements TO obtain competent ia
rent lot the Office; the present manner of bavinp
commissioners where there is poverty amounts IN
lhe denial Of justice and that il is radicaIIv do
.eSGuve' VIII be seen from this single fact an in