Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-12
FOR THE ENQUIRER.
JUDICIARY SYSTEM

This interesting topic has engaged much of the at
tenon oil the present General Assembly; and will yet
occupy more time, and elicit more debate. The two
Houses TO differ widely in their views. The plain
dealing, unsophisticated people of the country who
are disposed TO pursue right, and eschew acr0ng are
grathed at the stand taken by the Committee of the
Senate sThey the so, because this course is
as unexpected as it is suspicious to the future pros
pety OF the State. We, who get our living out of the
EARTH or by toiling in OF the mechanic arts did
not expect that either branch of the legislature as thew
have been, generally, and are SILL constituted, would
have the boldness and patriotic energy the present
busy session, TO attack system, oppressive, and
hoary in error that, under which have hitherto
lived The active and talking part of the Legislature
is usually composed OF aspiring, ambitious young law
yers, fresh from the study of their profession and
amoured Of the infinite ntrcacies and gloriousy un.
certain labarynths with which abounds Their proud
aspirations are animated by vanity and seflove They
Halter themselves with the possession of genius and
talent sufficient to unravel the most tangled skein in
the whole branch OF Common Law absurdiies and mys-
terles. L say nothing OF another numerous class of
men who have long occupied the seats of legislation
and who have profted by the runous delays expenses
and complication of our imported system of iurspru-
dence-l mean Deputy Shei6S. They are germ an
cousin to the Bar-have been long identified with
II in interest and in feeling, that they efficient CO.
There is still another class, who their premature
distinction TO the fostering and magnanimity of
generous people, always ready TO help onward the eff
forts OF budding genius. But, many of these the
couplet oil PerSius may, perhaps, be justly applied:
toei on others By grey hairs sOnfoHd,
hitH legislature mus constituted, ii 10 be
dered at that the yoke of the old system has been so
long fastened upon us? The amagamation of the
Common Law and Chancery Courts was powerfully
urged few years ago by Messrs. Gordon and Wilson
The attention of the people was called to the subect
they saw it in its true light Notwithstanding the efforts
oil the Bar and of interested Clerks and Marsals-and
the present Legislature, assembled under such strong
sense OF the public sentiment this subject, that the
members OF the House of Delegates felt that they could
not hesitate TO give effect TO that sentiment But even
the principle OF the bill which was sent TO the Senate
obedience slv
ed as an unheard-oi innovation--as misunderstanding
Prac sorganizing-ruinous. But there was
no effort made in the popular branch to go beyond this
to strike at the other great and crying evils which
have so long oppressed the people, and kept Them i'm
subjection TO Lawyers, Deputy sherns and Clerks
Some of the of this may be found i'm the above
remarks. But have no time TO point out the sor,ld
and soldering interests and movements by which the
majority oil mankind has been kept in subserviency un.
der all forms OF government and through all time.
Our System OF Jurisprudence is as purely English as
the language we speak. Our ancestors were accustom
ed to it, and when they had determined TO throw off
their allegiance TO the British Crown and found them
selves in state Of interregnum the Convention in
May, l776, passed an ordinance, adopting "the Com
mon Law oil England and all statutes of Parlia
ment made in aid OF the Common Law prior TO the 4th
year OF the reign of King fumes the first" &c-and
such OF the acts of the Colonial Assembly as were in
accordance with the ordinances declarations and reso-
lutOns oil the General Convention. From the tile of
this ordnance (Which embraced other mattersO il is to
be Inferred that the Convention did not think il expe-
dent IN the very opening Of Revolution, the issue OF
w
OF new Code of Laws. They had a ne,o form of 90
vernment to strike out-they had the ways and means
10 devise Tor the achievement of Independence The ii
tie Of the ordinance is "to enable the present mapis
raos and officers TO continue the administration of
yusce and Tor settling the general Ode of rs
In criminal and other cases. M The same can be more
amply Propded Jor." Thus, under the most pressing
emergency; in the opening Of bloody and pro-
racted Revolution we had the Bench la,o Of Ignorance
and suPerson with the explanatory acts Of Parliament
rYieted upon us. From necessity, the Convention was
"A liz,
adopted only "'tH the same can be more amply pyo.
Uided for"
Things remained in this condition 'hll 1892, when
the legislature repealed much of the ordinance as
made acts Of Parliament binding in this State. They
assigned as reason for doing 90 that the acts Of Par.
lament, not having been published in our collections of
laws the people exposed 10 be ensnared by their
Ignorance of themand that body had enacted such
oi mem as were worthy Of adoption in code. But
they lett IN full force much of the hasy ordinance
OF 20 as adopted the whole Of English Common