Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-11-26


sary To make the Government Respected by the ne
pie our fiscal re,u'a,ons-by which tho cypepsc of
tho who'o IS 10 be supported oil shrink into no,b
"G, mntn eonpSiaa wn tho pure, prompt and cheap
"And in my mind continues the d,snyuished or.
tor."he was guilty of no error-hc was chsrr.shjo
with no exaggera'ion-he was betrayed by his fancy
into met phor, who once said tLot Iii Co.,. y
about us-Klng Lords. and Commons-,be whole
machinery oft ato-all the apparatus of the ave.
cm and ITS varied workings, end in simply brinpfno
Twelve good men into a box. Such, the administrne
"h o' justice. Is the Of the establishment nc
E"scrnmcni; 1t IS Tins purpose which can alone iust-
" restraints on natural liberty-it is this only which
can excuse the constant interference with the rights
aud tho property of men e
Seeing, then, the impori ance of ,ro,or ,rJ ,.c.
judiciary "a We'll to the dignity, TO the prosperit
and happiness Of our State, doubt mn, TIN, 9Th
consume great part of your Legislative deibera.
lions; ana that you Will give to it that calm and cosa
attention, which it's greatness demanIs. w.
VIII be the nature ind extent OF vo,r -
gisiauve action upon the SUBJECT is NOT NO.
sumed To be known-ihc Constitution having conf
d"d To Your discretion and wisdom much lnbo,, al
great latitude for its exercise. Time and crno,.n
have pointed out numerous errors and defect, in onr
present system -(whc,hor introduced at their frst
whether they have since crcpt in
or wneher they are radical and neccssa ry mart of
the SYSTEM will no, deter which will reou;ro
the r,g'i hand OF corrections but which will I'm ve
rayed in their defence all the prejudice of yeners,nn
for their antiquity. Your sk will .herof,, H. -
arduous and responsible. 80 oo''
h'ch oil the Courts will receive YOUR On ,;os, al
most serious consideration. will not con;ec,ur"
Popular condemnation has fallen with peculiar seve.
rty and very justly upon the Supcrior Conrt r
Chancery That It is system fraupb, with ;n;,s
tice and iniquty, seems almost univers.l.y acknnr
lodged, as indeed must evsry system be- where v;r-
Tue ana vlcewhonesty and fraud-pury and corrup-
tioh-san upon the same footing, and receive tn,
equal and fostering protection of the law. And ,h;s
too without any fault Of the unccor--for II p,ust
necessarily be the case where causes of the greatest
Importance are decided upon written testlmony-,hc
person and character of the deponent being all Tho
t'me unknown to the Judge. Much has everv friend
OF pure justice to depore the failure of that most
celent aud learned man, Sir Edward Coke, in hi.
m nioraoe struggle to curtal-or put down, the au.
thority of the Chancellor. There was infn;,eIv
more OF sagacity in his opposition To- equity iuris,c
toms regards the pcrncious effect Of it's bower
than OF love or veneraiion for tn, common aw-ss
to grct that in modelling Judiciary after tim, or
fngand we did not forcsec the evils and riect alto
gether. or restrict the jurisdiction of our Cbancerv
courts IL remains, however, for the Legislatures
revolution and reform-,o m ,dy its system SO a. "a
correct the NOUS and Il igrart evils with which
1t Is prcgnant-and to bring nearer nd 10 mako =
chGape 10 every man who may appeal to it for Justice
But 1t Is not to the Superior Courts of ChSnccrv
n subject 81 fruitful OF comment and severe animal.
version, that design tn call your attention II il N
inc Coun'y Courts-(a terrapin tciM an elephant on
us oHc8 "A hufe man witt long scord) -ihat OBJ
tInu
And enter upon the subject not without some feel.
'n9s ni deiIcacy considering the number of gentle
men Justices who compose the body which address
nnd myself IN the situation of that lea rned and eo
quent reiormer from whom | before quoted NHenrv
Brougham, Esquire) who, when he came IN sneoL ~
the Courts OF Justice in which Maris, rates preside
-apoiagscd by say'ng-"tha he came now TO the
ac 40 OF law in the Country by Justices
OF feace ana approach this Jurisdiction" savs
he with fear and trembling, when reflect on what
MT Windhim was accu stomed to say; hat he dread
ed to speak Of the game laws in House composed
., ana SO too dread TO talk of the quo.
deal with the principle only--not with Individuals
my reflections are general--not personal"
w hen we reflect how multifar ous and mportont
are are .le duties with which the County Courts arc
rSed-more import ant to the pccuniary as well as
personal interests oil the citizen than any other-thot
they are Judges of probate and have The care of or
phans--thai they have and exercise almost exclusive
ly the power Of granting admnis ration--,nd en,or
tam Jurisdiction in matters of the greatest mpor, 70
the well beng OF soccty-n cases INVOLVING onv
amount OF property withou, limit-that thew bnvc
the protection and punishment OF the violation Of
order and the good morals of the public-and what
Is more serous--pass upon matters Of life and death
where slaves are tried--and as Judges in the mi
tia'ory proceedings when the freemen of our land
are charged with felony-thcreby ha-ing under
their administration and control Tie whole crirn
iUaI coac OF the State; too much care, and too
much labour, can not be hes owed in making il
JudSaure worthy of its extensive powers, and TO
answer uly and satisfactorily, The momeDtous ends
Tor which il Instituted That thew fail M nro
sent to perform their high purposes in many respects
all must know who have business in the Courts either
as sutors or as nttornes speak here of those en-.
scs which have fallen within my own observa,ion-or
which have been tod to me b. credible authority
believe TINT the failure not universal: on the CON-
trary, that IN some countless the magistrates admins
leT justice. pinctual'y, impartialy and ABLY But
these ere exceptions to the general rule and arc M
proofs OF an absence OF defect IN the syst-mand tend
MOI OF all 10 diminish the necessity of rigid reform
VIII proceed therefore, To specify some few of the
mpcrfections which with demand nest loudly tho
interference Of The Legislature.
In tho first place, then, the magistrates arc Too
Negligent OF their duties in not holding courts repu-
ary to transact The ordinary aud indispensable bust.
ness OF the county have known term utter term
expire, without their entering upon the criminal or
civil docket; ana III instances an entiro fauro
20 ho,u court at all. All this time tho igants,
whether plaintiffs or defendants are waiting with
their Witnesses being subject TO the neccssa
ry cSprnces OF visiting Court House, and the trou-
bic and Prlvaiion of leaving home. But what operates
moro hardly, The A'tornics are repeatedly beset with