Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-14

is 10 ths great question. would draw meLabsrs 10 liz.
ten to the Deliberations upon 1.-THE mott dstpsu
ell lawyers Of thls body. were members of tic Com
mittee OF Courts Of Justice. and were Select Com.
mtes to be raised. the very difficulty alluded to by
vated-they would lind st srester ebsiruc 20 the
business Of the abticg Com tnee. Tor their room
would be deserted. and their duties but rarsIiy per.
Iorne' Nehiug. th, refore. would he gained by the
formation Of Select COMMITTEE, while IL appeared AT
much nconveniercs W. uld arise from sueh course
MI Erp ,ai,i, that the gen leman from, Brunswict
Oh tis 40 on oil o'hsr occasons, had III not on
~ ~Ioqn-ec-. but luminous views Of tie subject But
ne would ak, whether IL was little csr.ordloa
~ "ntue, that iect Conn it,re were appoint
ed all the o.her Co,nittee Rooms would BE-
Anu even should the superstition be a correct one
would not the same occur in the subject We're re-
'e,rei to the COMMITTEES Of Courts Of Justice II the
Objection 10 the reference that the other Co n
tees wouli desert their dues to listen to the al cus
son OF the judiciary system In the Chamber OF the
osite' Committee he (Mr E) could put the gentlemap
AZ ease on that hesd-ior the would not hold half
Of them. Was 1t not bet er to select a Committee.
VINO could at ouce proceed in their and
with all consistent expedition, brog IN. ones,ion hs
lore The fou'e. where all could join in it sson
lie thought that the sooner the subject could be
brought up, the better. L. was enc in which the peo.
pie OF Virginia were deeply interested. ard 90 which
they telt great socitude; and his wish was that /,
might not be in,erfsred WITH by the variety OF bust.
mes, with which the Committee Of Courts OF Justice
was bur,hened. He hoped that Il would be referred 10
such Comai'tee would give early and ,horou
attention.
Mr.. Booker sad that there was already much bust,
In order to give them time dispatch Il, not in,rnd,ps
the slightest disrespect TO the genem an ON Sussex
ne would move TO lay The resou ion the table, to be
taken up at future day. The Committee on Courts O,
Juce could not give their attention before the lst of
January, without overlooking the bushes. now before
thsm.
The motion to lay on the fsbl. wa. lost.
The amendment proposed by Mr. Gbol,ou, was then
agreed TO- and the question arising the resolution q.
Mr. sempIe submitted tn. following substitute. -
Resolved, That The Comnittee of Courts of Justice
Dc directed to enquire whether any, and what aitera
lions are exp dent In the judiciary System oil Vir
ginia"
Mr.. Leigh begged leave to suggest, that whatever
COMMITTEES should be charged with the duty Of inves.
ugAhns this subject, it had better receive commits
sion IRON the House, broad possible. The gentle.
man who submitted the resolution, seemed TO entertain
ssch view but he (Mr. L. believed the INQUIRY was
eohhned 10 certain Courts only, while the whole .ys-
VEN ought 10 De put In course OF nves alton. Ma.
ny amendments aud alterations were contem ed
throughout the whole range OF the Judiciary all Of
"hch shoud be acted upon in To the hig h.
courts 'h': was applicable as well as TO the lower For
instance, II had always been the practice 10 rrgu,t
he ode oil appeal, according to the value Of The sub
lect OF litigation. The practice had been to con6ne
the risht oil summary appeal to cases involving sums
MOI under S500leaving the parties in cases in which
tie value wss less than that sum TO obtain suptrsedeas
sns carry up the cause to the higher court He did
not mean to intimate, that th, rue would REQ fire an,
Mlon but mentioned IL az point on which proceed
ings would he likely to turn ADD Illustrative of the
necessity That the subject, In Its fullest extent n,
TO be preseated 10 the ComRit,ee II With
cd 70 frame an entire Judiciary System adapted to the
present Constitution, the Committee 10 when the mat
yer was entrusted, ought to be instructed to iu.
quire Into every branch of the old Judiciary Sv.sm
ana repor' alterations and amendments by bill or other
wise. ~ must appear evident, tina, in a eomplica,ed
system IKE This IL would be impossible 10 touch one
part without affecting others For example, there was
IN the country, to unite in the sans Ju Ives
.ne dumes pom Of equity and law Did occur to
see'oeh 'nat IN doing this, they affected the courts
o. law And must be clear, that no minute mari of
."e sy.em could be acted upon. without providing for
and operative acton upon the whole
10 oraer that the machinery mig be brou hit into com
oined and harmonious operation. The object of all,
was the same. Perhaps, with dferest opinions on mi.
nue points, they were all aiming at the desirable
rhu-to give TO the Commonwealth a Judiciary System
mat should dispense justice fairly, Justly wisely
eheaPiy and independently. Thi', he doubt not was
, p, sincere desire OF every member of the Hou,e.
But u was not enough to provide for the fair and
prompt, and wise, and cheap alton of Justice
There was still another considersti of the hig hest H-
porisnce. The wi>est system that the wit of man
devised, might not be adapted to those for whom II
was framed II would no., therefore be the best
they were not to inquire whether The system Of Eng
land or France, or New York, Pennsy wa. the
best Absractediy, the other might be So and vet
moi suitable to this Commonwealth. Their duty, ,ben
was 10 inquire what system was.moa suited TO the peo.
pe and would best harmonzc with their condition and
wishes,-and from the best information TO frame .vs
tenn, that should OF only give full admin. ration al
justice, but general satisfaction TO the people Such
was the duy now TO he performed, and ne trusted In
Cod they should be able perform it, CopId his wishes
have been grati6ed, he (Mr LIZ would have pre-
tnst his SUBJECT should have been referred TO Select
committee; Tor reason which might little para
toxicdi He had been first named on the Committee or
Courts oil Jnsice; hence much Cf the labor of this in
sulry would dsvoye upon him, and he shouId be IN
able TO take his full share in the deIiber of The
Rouse Therefore, intending TO exert to the utmost
' poor abilities, on this important subject he would
have wished that Select Committee had be en- charged
with Its confederation Ii was, doubtless the wish nj
ALL 10 the formation OF system to serve their
country and to bestow permanent benefit on the com
MUMMY AZ IarTe Let me then say, said Mr.. &c. tina.
TO arrive at those happy results, individual should
take notes oil his nsgbbor The views Of ons and oil
shoOiJ be weighed and compared. Mind should NEE,
ninh ana sentiment unite with sentiment One An:
a, we shoud lay our heads together, that we NAV pro
oy communication OF vie and opinions and lsbor
w''h unanimous zeal f'r the happy completion of the
seat ooJect IN view Much coed will arise from such
an inerchange-for IL may and often will bannsn ~,
ne who has thought much the matter in hand will
derive valuable infor nation from him who has M,
mousht upon u 50 deeply. He would suggest 10 m.
gentleman over the way to amend the resolution 90 a.
TO give the largest possible powers to the committee
Mr.. sempie observed that he had no ohjectiops IN
amending the resolution 10 meet the view. OF the
gentleman from II enrico. But he of opirion ,ba,
the POWERS given by the resolution were as amoIs "a
thew could be- made. f 90
The Clerk then read The resoIution.1
Dit Lsigh said that he had mistaken The ords,ha
resolution seemed to give sufficient power and hs was
sai fed with it, present form ~
ME- Eppes Observed that there no ttick in tba ~
solution which he had submitted. lie had NOT inland
90 70 omit any branch OF the Judiciary; bu; comprise
the whole tom single Magistrate ,ip 10 the Cou,, NJ
Appeals IL seemed to him that he had included all
suough he bad not specified the Circuit Courts-b,.
cause me due done by Judges on the Circuit Cour,s
did not dsconDect them from the General Court
hr. Leigh said he presumed The gentleman consider