Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-06-27

that is most difficult indeed conceive how intelli.
gent genemen could not perceive them, and stranger
stall, If perceived, how honorable and high minded
mon, could disregard. The crime of large revenues,
could only attach to the clerks of the late District
courts OF Chanccry and to the County Court Clerks of
inc large and popuous counties There nine chan
cherry court clerks, all of whose offices were lucrative
and several of them very much So Out of the whole
number of clerks of Inferior courts, say hundred and
twelve or fifteen and also out of large proportion of
clerks o the superior courts of law who were not like
Wise clerks of county courts, about twenty only; if so
many, were liable to the objection OF a redundant in
come; but what is TO be alleged against the large
der, whose Offices not only protless burthcn
some' No objection could be offered against thom
they were not pampered sinecurists nor isocrats
nor lordlings. They aborous and faithful ser
wants performing each day, of work for the
public. for which they received scompen saton and
rendering to the people labonr (which the people
themselves, were most interested having faithfully
and ably performed Moreover how could the General
Assembly overlook the fact, thata bill was in progress
and then approaching to its lnat,trty, which would
sweep away us with the .'beson of destructon" that
class OF clerks against whom alone, tho strongest OBJ
Jection could 9S nanely the clerks of the superior
courts of chancefy? Had not the Houses of the
Legislature declared by vote of weight
that the district chancery court tehoud be abo-
ished' and that BY natural the clerks of
those courts those panlpefcd oulo be
driven from their high and loff3saaces and hurled
down to the low vale of common 81 = The evil then
was dlmost entirely corrected St little else was
wanted eject But therois this further
and 81 er inj in the law. AIN as orr
q s House and = expressly
and very Properly too, for the reasons
as suppose. assigned above But the Senate [oh the
mora Iera g''n o5a observation; and with
mat the bill should apply in its provisions to the supe
rlor courts OF law and chancery thereafter 10 be establish
ca and the gentle House fDceges, with true circuit
court bi spirit OF compromise, yielded The provisions
oil the bill could not he made TO apply to the suner;or
s OF law ana chancery TO he thereafter established
without perperatng enormous inusice vet the hill
did pass i'll all its hideous dcformty.
Inc third notion namely, that the fees of clerks were
90 was the grand stumbling block in the way
OF the Legislature greater error could not we'll ,aI
been entertained by grave and sensible Ieg;.Ior ~ &c
any ground could exist for such an impression the ,r
ncn was III no wise applicable the superior courts of
law and the inferior courts. -
No man having correct information unon t. s,,b;,
Will say that the clerks fees accrunp from s,it i'm tho
superior courts of law and the inferior courts were
orbItant or even i'll any degree too high undertake
to assert that of the bill of costs in the greater
on OF suits determined i'll these courts the cior RI
oeVes the least share The larger portion is made nm
oy the attorneys fee the tax on the writ and tho sIe
Iii tees In disputed case particularly if Inc owoa
TO remain long time on the trial docket the clerks
ec OF course increase but in such will also
De FOUND that the Charges OF Witnesses attendance and
OF suiiinoning them, amount to more, and very fro
quently, to twice the whole of costs besides
IL s true that several oftne fees accing the county
court Tor recording the estate papers of deceased
sons were too high and should have been reformed
og ago. land they have been reformed with all other
-. Ins' WIN vengeance but they have relation
10 the quest on now under examination If INV ob;o.
on could be made all, the exorbitancv of cI.yI
ICES IS cnargeabe against the fees of the clerks of
inc court OF appeals the general court and the It
superior courts OF chanccry The fees of the two for
iner remain as heretofore and those of the Iatte NO
with the courts themselves abolished The fees in tho
superior courts OF law, and the inferior courts
F inc former law about MY per less than the
lees OF the other BY the late law Tho e. g
he superior courts OF law, and inferior courts nre
! again reduced about thirty per cent and the fos
accrulng on the chancery side of the c;rcmit
courts are made to conform to the charges for similar
services IN tne County Courts, making reduction in
cse ices OF ABOUT secenyfre per cent, while the fees
OF the Clerks of the Court of Appeals and OF th
Uehersl court remain unaered Can any good reason
be assigned for making this enormous difference no
tween the fees of The Circuit Superior Courts of Law
and Chanccry, and those of the Court of App.,Is .n
General Court? The forms of orders used are tho
In each Court, being neither more elaborate and nt
cite, nor requiring greater skill on the part of the
clerk. Why or wherefore, should so great d;f1n
encc exist Do not understand me however. pontIc
men, pray you as finding fault with the fees allowed
.,'oSe Jerks rejoice that three Clerks at least in
the whole Commonwealth have escaped the ravnaes
OF ts awni Dli but 1t is the heartless legislation in
relation TO the other Courts of which com1Inin
Let me now enquire, what will be the natural 70,
aehcieS OF tins law, If it be allowed to linper unon
the statute-bookl One will be, limited by INV bro
Their, "a Clerk Of Court" to compel clerks ~ ~
render their offices, and obgc them some in tbor ali
age others with young and helpless families to seek
ABROAD Tor other employment. This would be a hard
SNIP TO say nothing of its grievous Injustice Rt
is not my intention to dwell upon this tonic IF Is nm
exciting one and would rather suppress the INDIGNANT
feehngs wch the contemplation of it cannot fail to
arouse. but Inc confusion and dsmav which would
.nSue from such an event, to sc people of this com
! nionwealth' would be far greater, than that de-
Pcleo by "A Clerk OF Court" Think you that the
'Sh-tlhdcd Judges OF Virginia, would consent to en-
pre te perpetual provocation and annoyance inevta
by consequent on bunglng and incompetent clerks?
NO. they would not They too would resign post
WHICH would DrIng with IT nothing but mortified feel
iiImgs and aggravation of temper. And what them
IheiT places would be supplied by set of dull and
uun -inettIcd gentry, who would esteem the patrv
pay OF ONCE OF far value than all the dipnitv and
Importance OF the Office itself And what then? Whv
the downward march of this commonwealth would
10 Only nave begun but would indeed be ended The
sleetanchor Of liberties IAN honest ahis d ~
uPene Judciary) would be lost and the vessel of
"'4tc, stranded and wrecked and sunk!
conclusions take the liberty of calling upon the
protest against tins act as of fragrant nius
tico ana as usurPation of their rights as free ot
WI, anu 10 Petton the next Legislature for redress