Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-11-26

anu OF naval force, by which the State is defended
our foreign negntiuons--utendcd 10 preserve nc,c.
with the world--our domestic OBSERVATION-DISCLOSURES.
saryto make the Government respected by the nee
ple our fiscal regulat,ons-by which the cxpcnse of
the whole Is TO be supported all shrink into moth
ing, when compared with the pure prompt and chem
administration of justice, throughout the communitv
"And in my mnd continues the distinguished ora
tor, "he was guilty of no error-he was chargeable
with no eXaggeration-he was BETRAYED by his farc,
into no metaphor, who said, that all we see
about us-King, Lords, and Commons-the whole
machinery of the Sateall the apparatus of the sys
te ana It's varied workings, end in simply bringing
tweiVe gooo men into box. Such, the administra-
tI"n OF JUSTICE ,s the cause of the establishment of
Government; 1t is this purpose which can alone iust
~ restraints on ncura hberty--it is this only which
can excuse the constant interference with The r;Lt
and the property of men ("
Seeing, then the import ance of proper and nerfect
judiciary. as well to the dignity, 10 The prosperity
and happiness of our State, doubt not, that i viii
consume great part of your Legislative dcl;bero
tons; and that you will give TO it that calm and close
attention, which its greatness demands What
Will be the nature and extent OF your le-
glsIative action upon the subject. is not pre-
sumed to be known--the Constitution having conf
ded to your discretion and wisdom much labou, md
great latitude for its exercise Time and experience
have pointed out numerous and defects i'm our
present system-( whether introduced ut their first
orsanization-or whether they have since crcpt in
or whasher they radical and necessarily part of
the system will no, decrmine) which will reouire
ru ia uanu Oh correction but which will have
rayea III their defence all the prejudice of yeperaton
for their antiquity Your task will therefore no hotA
arduous and responsible.
! Which of Che Courts will receive your earliest and
most serious consideration, I will not conjecture
Popular condemnation has fallen with peculiar seve
rliy and very Justly upon the Superior Courts Of
Chancery. That it is system frauoht with ;n;,s
tice and inIqulty, see ms almost universal acknow-
ledged as indeed must every system be- where viz
tue and vice-honesty and fraud-puri, and corrpn
tion--s and upon the same footing and receive RI.
equal and fostering protection of the law. And this
TOO without any fault OF the Chanceorfor it must
necessarily be the where causes of the preatest
Importance are decided upon written tesfimonv-,Ie
person and character of the deponent being all the
fme unknown to the Judge Much has every friend
pure Justice to deplore the failure of that most
| cellcnt and learned man, Sir Edward Coke, in his
memorable struggle to curtail-or put down. the an
thority OF the Chancellor, There was infinitely
more OF sagacIy IN his opposition to equity jurisdlc-
ton-as regards the pcrnicious effect of it's power
than OF love or veneration for the common lawns
has heen ascrlbed to him. And still more have we
70 regret that in modelling Judiciary after that of
England we did not oresee the evils and reect ato
gether, or restrict the jurisdiction of our Cbancerv
Courts 1t remains, however, for the Legislature
convened under the new CONSTITUTIONS this day of
revolution and re'orm-to modify its system SO as to
correct the enormous and l,grant evils with which
1t Is pregnant-and to bring it and to make Il
cheaper to every who may appeal to it for Justice
But it is not to the Superior Courts of Chancery.
SUBJECT So fruitful OF comment and severe anmad-
version that design to call your attention. II !. IN
the County Courts( q terrapin aoM an elephant ~,
ats back-h lille man With Tong s,oordD-fhat OH
test your most grave and attentive consideration
And enter upon the subject not without seme feel
'ngs OF deIcacy considering the number of gentle-
men Justices who compose the body which address
bnd myself IN the situation of that learned and eIo.
9nHnt reformer from whom l before uuoted fHenru
Brougham, lasquire) Who, when he came TO sneak ~
the Courts of Justice in which Magistrate, presda
l-apolaglsed by saying-"that he came now to The
40 OF law IN the country by Justices
OF Peace; and approach this jurisdiction" saws
me- with fear and trembling, when reflect on what
Mr. Wlndham was accustomed to say---lhat no dreod
| ed to speak o.. the game laws in House csmoose5
OF sportsinen and so too dread to talk of the ono
rum in an assembly of Magistrates. But have n
deal with the principle only--not with indiyidnaIs.o
my reflections are general-not personal
w hen we reflect how multifarIous and ip,nortont
are the duties with which the County Courts are
charged-more important to the pecunary as well az
personal interests OF the CITIZEN than any other-that
they are Judges of probate and have the care of Or
phansthai they have and exercise almost EXCLUSIVE
ly the power of granting adminstration--and enter
tam jurisdiction in matters of ta9feates import TO
the well being of society--in Skses involving any
amount of property without fYBit ethat they have
the protection and punishment of the violation az
order and the good morals of the public-and what
is more serious-pass upon matters of life and death
Where slaves are tried-and setas judges in the ini-
tiatory proceedings when the freeInen of our land
are charged with felony-thereby having under
their administration and control the whole Grim
lnal code of the State; too much care, and too
much labour, can not be bes owed in makinp il a
"uoiNotuIc WoiLDy Oi IT'S extensive powers, and
answer fully and satisfactorily the nomentous ennis
FOR which it was instituted That they fail at pre-
sent TO perform their high purposes in many respects
all must Know who have business the Courts either
as suitors or as attornes speak here of those ca
ses which have fallen within my own observation-or
winch have been told to me by credible authority
believe that the failure is not universal on the con-
trary that in some countless the magistrates admins
teT justice punctuai!y, impartialy and ably. But
these are exceptions to the general rule, and are no
proofs ofan absence of defect in the systrm-and tend
hoi at all to diminish the necessity of a rigid refofm
will proceed therefore, to specify some few of the
interierence of the Legislature
In the first pace, then, the magistrates are too
negligent OF their duties in not holding courts repu-
laTy to transact the ordinary aud Indispensable bust
ness of the county | have known term after term
expire, without their entering upon the criminal or
civil docket and in some instances an entire failure
to hold court at all. All this time the litiganta,
whether plaintiffs or defendants, are waiting with
their Witnesses besides being subject to tho necessa-
ry ezpences Of visiting Court House, and the trou-
Mo audn tim f