Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-15

We are tsAd. that II equity sliItsdetloA b vtsisd In
Circuit Judges, the process will not be served and
hence great delays will s-ise The genieaan from
Frederick, thinks Il much safer to rely the Mar
shall than the Saerif He te,ls Us, You have only TO
enclose your process, by Mail TO the Marshal, and Il
n,erSed Sr vii, IL not be easy TO write 10 She.
ith rs to Mars Will not tho same NJ III which
carries your letter and proce,s the one take il ale
to the her; and will net the Sheriff be more likely to
ssrve the procets lie resides in tho county whe--
tsto be serv- dhe Knows tho parties, and where 10
nod them-he has shorter distance Il uav / in dis.
charge OF his duties. The gentleman from Frederick
IL willing to give to each county aCommi.. ion.r-bu,
cannot give us the Court He wouk rive the Oh ado
hut wi,L.oids the substance. II so much
would result from tho rs,dsp .s of a Commissioner
near the people, did never occur to that geu ieman
tina, there might be alec rome little convenience I'm
having the Court within their reach. Thi, gentle.
man tells u.s. that the d,content We hear, are produc
81 ny the delay. incident to the system and that We
should hAy, his aid 10 correcting and reforming thai
system. Nov, Sir, does he not perceive, ii at IL will
Dc just easy reform these eduss In tho Cir
cuit Court, a. In the District Courts We shall call
on the gentleman to redeem HE pledge TO-, Sir Il 4.
contemplated to abrdgs and modify Chancery proceed
Ing. whether his measure shall succeed or not
nongh am not willing to copy the examples OF
other States unless sm psrsnadedof their utility.
ye' desire, IN the discharge Of public duty aiv n.y.
TO derive Information from the experience Of others
nave examined the judiciary Systems OF tho Sa'es
win view To discover what resul tion. had be IN a.
aop ed on thi, subject. find, Sir, that 10 M Aine
vernon, and Rhode Island, equity jurisdiction exis !
only 10 limited extent. aud 10 exercised bv In.
supreme Court, In Mas.achuseus, a very limited
Chhncery Jurisdic lon has been recently vested In IN
Confs Of Law. 10 Connecticut, North Carol ns Ohio
IHiuo'F, Indiana, Aabsms. Missouri T.npe ,..s AMI
NfonIkY' the Two jurisdictions are indscti niuateiy
b'en'ed in the Circuit Courts. Ia Psnn,viv,ni,
Georgia and Louisiana there lie no Chsncerv JurisIic
ion. la Mi'sissirp D-la ware aud MARYLAND thar
ace high Courts cf Cbancery for the S az: In New
amp'nlte, und rstand, the Courts OF Law exercise
eqn'y powers in so'ne specified cases. In Nsw-Jer-
ssY, the Governor Ia otfeio Tho Chancellor of the
o'a''' and Am informed, at ends where.osver n.
may appoint, to try or causes a. ,bey occur
NUS we see m these States this Jurisdiction 1. I'M
Known In niue, the two Jurisdictions are blended
not "a we propose TO blend them here but
Nv ~ n" same Cour's-aud in hose STATE, where
Two ur'icin' are Distinct, the ECU ty powers are
vested IN High Courts OF Chancery In South Car,
INA aore are there distinct Circuit Courts of Law and
EQUITY ana there the distinction I. carried out-a,
mere 10 Chancery and 4 Common Law Court of An
psals. " "P
am inclined. Sir, from con.idrr,tion, Of mere poll
w. 70 t"'nF, mari IL safer TO unite The two jur die.
lions 10 'h- same Judg. If we aiyrr, To tbs bi.,o,v
OF Ch"nc-ry Law, either here or In Enx,.nd We p.r.
eeivs 'hath marked by continual eneroachmen,s on
s"e connIn Law. What wa, more speck on thu
horzon' when the Chancery Court orig In En-.
land, Ia row an Immense cloud which over.h,Jow,
the whole jurisprudencs of that COUNTRY and Of mi,
uncertainty OF the Law. aud confusion Of both risb,,
aud remedies, have been the inc able ~
these encroachmenis. Sir Iawv,r scorcsIyLnS
20 wat Couit 70 send his Client for redress, Eth
the jurisdictions 10 Judge, and YOU put an end
osurfions-'hese jssl ouses-and the riv airy
"'ich, we are told, carried, lat on fine 10 ,ucb
Heh"'es 10 Engian J, as that Sir ElwarJ Coke tben
cn'e' 'sSuee OF The Queens Bench, and the Lord
had come almost TO Blow, about the ur..
oi their respective Courts There IL cpr aiolv
non'hg very attractive in The Chancery of England
etls nave oeen sorely felt. and loudly complained
m G.s,n mas become question Tor professional
,hs reign OF Henry vi, aud 6nl that a. early z, tbr
,'hes OF me eighth Henry, It's delays and exp,ncs.
ma ma oesoms subjset of complaint aud ridieu.~
al. =.
ceience was holding hi. term ~ Ch.ne 4, ia
he directed the Clerk to call thu ne 1t cause and b
ne was ,normsd there was other cause on the dock
e. he dreced the fact to be en,ored Of r.eo,d. 90
believe II IL the only entry OF the sort ever m, =;
that Court IL was so remarkable even a, thu, .,,i
day. ~ to induce faceiious poet OF the ago 10 COM
henorate u by an epigram
When Moore ysars had Chsnsello, b..,
The Sane shall nsvsr more be sees,
Till Moore be there again.
The prediction has been verified 10 the Letter and =.
Moore has not come again. tho end of tho doeket has
not been since. doubt yheth.r 4, ILL r.. :. -
till the storm OF Revolution which 1, ga,b.rng I, f.
roPe, shall breakdown tho Cbancery Court Of Ensl.n
among the other abuses OF that Government An af,rt
wa, made during The time ofths Commoow 10 Eng.
land 70 abolish the Chancery Cour, & bill had be on "a
ported and twice read to that effect when il, r,..,s
was dsieated byte sudden dissolution Of tn. Para.
N 'nt 10 1908. The ger tleman from Frederick spoke
vi the reign OF CHARLES H., as ahove all
others la British annals for the ,st mea,ure, nd ,ha
worst men. would beg leave to remind that genti.
H'os mat tnese eXcPient measures were the frus NJ
ne men. and the spirit OF the Comm on wealth which
preceded pr, mi. reign Yes sr those bold republican.
W. 70 the pioneers OF modern lbery-and the n abe.s
Corpus add other measures of Charles IT,. would no,
yer have oe'n adopted it the 6rst Charles had not died
on the scaffold. " 'u
whether woull be practicabis or wise a. tbi, ne
,io'' either 10 Eoglsnd or here TO abolish Chancsrv
La" ls question which will not raise But th,, go,
nensht would have resulted to the world by an e.rly
abolition OF the system in England before lie root. had
fucE deep into the jursprudenee Of thai coupiry,
. 90 o. toub,. TWAS dangerous and unnece,.a2y
h ep 10 rsmsdy certain defects Of the Common Law,
oy ihs e'taoil'hmen Of separate system of inr,n,u
dencs Had they been remrdi.d by Statute. the evil
would have bean nippsd in its bud. Sir Whatever ,bs
wisdom OF future l'gi"Ia;or. may det,rmine ,o xis
70 see tins PARTITION wall between these iurisdieton,
narro we'd. though would not pull it down
Mr.. Speaker, have done--snd before I cit down
rnh me to say thst,ls gentsmeu think az thew m,v
n's Is .u'J eet OF gave momen. to this country q,
~ ,he D'p"r'm ns of Government, the Judiciary i.
ma "hich comes nesrts to the ness aud bo,ym Of
rVsTy ctzen Of the Community. Histhe imm.dst.
Huatoah Of our property. our persons our lives and Ii
pe1,ls,' " row much consequence /. il. then tina, we
SUBJECT? y" '"i'