Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-24

VI
contened himself and have gone no farther than the
time OF Charles the Second since IL was in tho reign Of
that King, that Finch Lord Chancellor laid the ioun-
daiion Of that nordnate power which has .nce.6esn
exercised by the Court OF Chancsrv in England II
truly matter OF astonshment to see in how short time
this vast authority has sprung up. In common with
the gentleman who has brought this subject no.
uce, deep'y lament that these entertainments have
reached u', aud have Influenced Courts of Chance
ry, anu no man regrets moro than do tho extent 10
which they have carried their usurpations look up
on them as the great judicial whirpools which the
whole common law powers Of the country are kelv 10
be enguphed. Most heartily will Join with thai gentle
man or any other gentleman in staying the further pro.
gress OF this mighty evil and whenever he shall enter
upon that work in good earne, necessary "a FIRMLY
believe 10 the welfare Of our country he shall not wan,
any aid which 1t may DO in my power TO afford This
SIR Is not the hrs tim, that have expressed the SO
sentiments and manifested this disposition But does
TINS resolution propose any remedy for the usirped an
thory OF the Chancery Courts. Ii has no such effect
Sn nave no sucn effect It's purpose is to blend the
Jurisdiction oil the common law and Chanccry Courts i'm
the same Judges and not to limit their powers win its
adoption ever provide for the case mentioned by the
gemueman from orange! Will not the disputed will,
sun Do carried to the Court Of Chancery well the
Court oil Law! For my part, am ready once, to go
10 the root oil the evil TO take away the jurisdiction of
the Chancery Courts in any such matter, and bring the
quesuon Immediately TO the Courts OF Law for trial.
Let the Judge Of the Superior Court holding his Court
oil Common Law, have power to call the parties inter-
ested before him, and settle the contest by Jury i'm
panneed in his presence Will you, by carving the
Chancery Courts into all the counties curta their
err To me it seems that the evil will be magni6ed-
You will furnish greater facilities for entering these
Courts and the number of suits in them will be multi.
Piled Sir these excursions of the Chancery Courts into
the domain properly belonging TO the Common Law
Courts cannot be restrained by any incidental influence
70 DE created in the new organization of the Courts
which is all that this resolution proposes They can be
stopped only by the strong hand of Legislative power
aimed directly at its object.
Again: Ithas been said that this measure, il adopt.
ed may introduce juryrials into the Chancery Court,
None OF its friends, indeed, have proposed such ,v,
tenn, but have been told that OF our great mon
once favored this scheme, and that few words slipped
in by Judge Pendleton had defeated il. Before we ex
anime the effect which the resolution would have nm
on such project let us whether it would be de.
raole to try it, Ii seems to me that il would DESTROY all
Chanccry jurisdiction whatever. In Common law
suits the parties, by their peadngs make up single
issue in cand this issue is easily and conve nieny tried
by jury. In Chancery Suits there are sometimes
hy issues of fact-Look at the folio volumes made
up Of the reports OF Chancery Commissioners, I have
not seen the one mentioned by the gentlemen from,
Orange costing eighteen hundred dollars but many
oil them are certainly enormously and can any person
believe that jury could be brought to decide nm
on the accounts, vouchers, &c. from which these re-
ports compiled Sir, they could not be kept toge
ther for the great length of time necessary for such
purpose. IL such scheme were ATTEMPTED the trial
by jury, instead OF being considered as now is, the
right and the privilege Of reemen, would be deemed
curse and burhen. But this is not ALL In com
mon l,w suits there only two sides. These Chan
Gerry matters are frequently triangular. You and T.
MIR. Speaker, are disputng long and complicated ac
count, whilst third person sets up a claim in o,po.i
ton to us BOTH How will you swear the jury, Shall
they first settle the dispute between you and me- and
when they are weared out with that, shall thew be
turned around and sworn again settle the controversy
between this third person and both Of usl The thing
sir, is mpossible-Judge Pendeton was right The
trials in the Chancery Courts must proceed according
to former usage you must abolish their Jurisdiction
altogether. Let il be supposed, however that il is de-
sirabe to have the trial by jury in Chancery suits
Does this resolution point to any such result. Can
any person read it and imagine that in framing Bill
according to its principles 1t would be required that
clause should be inserted providing for iury-trals in
Chancery matters Sir the resolution points 10 no such
state OF things.
The gentleman from Orange, has spoken OF the bsne.
FITS 10 be derived from This reference TO the
testimony Of Witnesses in the Chancery Courts. Cen
he believe that could, and confer upon us the sd-
vantage OF having " ciUn poce" testimony in the
'uris! Indeed sir il is aoge Their imaginary With q.
would OF remain at tn. or three W esks
IN bs examined IL is scarcely possible to detain
them Tor week in attendance upon the Common Law
Courts There will be no jures to hear this ciuu uoce"
iestmonyand shall still have to content ourselve.
with the pa,etacsd del itions heretofore in USE in
stead OF looking we do in The Courts of Law upon
the coontenances Of the witnesses and con,rastr the
rudy glow OF conscious egrity with the blush of
shame and degradation The proposes no such
change, and can claim no support from any such ex-
pc citation.
Let US now proceed to exsmine the question, apart
from these considerations, which do bsong to it
And here, Sir, the frat inquiry which presents il.
Ought the presen, Chancery District Courts be abol.
they inaict upon the people, nsufsrabe, and that
they ought TO he put down. thinks 80, Doi only for
the TO which gentlemen have already advert
ed bn for others which have not yet been assigned
My mind has been led to this conclusion iresistibIy
by observing tn, course OF things in the Chancery
Court which site in this City, and with which am
better acquainted, than with any o'her.-I beg 20 be
under'tood ~ no. intending 10 express any opinion
favorable or unfavorlble, 10 the Judge Of that Cou
This is not the proper time occasion TO do 90 -
am satisfied, too, thatl much Of the mischief a.
bout which the public complains,--and Justly COM
plains,-orignates in the system ITSELF 10 the
ton OF the Court and ia the natural Of things
would eSi4t, no matter what Judge held the Court
This Chancery Court exercises jursd c,ion over one
OF the most extensive and popuous regions OF the State
IN which there is perhaps, more Chancerv busne
than in any part Of the Commonwealth The copse.
quence is that its docket is crowded with suits The
most eminent Counsel gagged In these suits, practise
Law also In the Court Of Appeals and the facility
with which appeals can be taken, by merely carving
from room in this House to another with
ont any change In the Lawyers employed to manage
It, has produced effect which mil ht naturally have
been expected. The Court OF Chaucery here has he
come mere conduit through which TO get causes iu-
TO the Court OF Appeals aud this last Court, instead
Of sitting above Tor the purpose of hearing and decid.
ing appeals from the Of the Inferior Court has
become, TO all ntens and purposes Court Of origins
jurisdiction, as TO all matters OF importance which claim
The attention OF The Richmond Cbancery Court The
situation 10 which the Counsel are placed tends TO ae
gravats the evil | certainly do not mean 10 impute
any thing wronS 10 the Gentlemen OF tho PIoe fson
| am myself member of the fraternity, and the AZ.
lection which am known to feel, as an individual for
the eminent men belonging to the Bar in this CITY
viii EXEMPT from the suspicion Of intending 10 cav
a word injurious to theD. They are my friends and
capable oil doing sby thing within the reach Of ,hs
highest intellectual and Ihysical efforts. ILL., they