Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-06

rer. He il not on the fence. He goes for the ree1ee.
ZION OF Gen. Jackson, bu, RENAME ~uncomuitteA a., 10
his successor" "
The Nj Republican places as in The proper a,,i,ude
itr the enc in which we have repeatedly declared
we meant to s,snd
FOR THE ENQUIRER.
THE COURT BILL.
divipg In my previous remarks stated The plan of The
TWO systems OF Courts. my object now lie 10 invite al
'en"on 10 a comparison oil the advantages Of these two
sehemes. And before this is done, before W. can yro.
perry enter into the comparison, we must FIX in our
minds, a standard TO which each NAV be brought. and
by which each may be tested. And in fixing hi,
standard all must agree. ability and impartial,ty are re
quisites oil the hrst Importance. Added to lhe,e sboull
he proinp,itude OF decision, a moral certainty of hold.
ing a Court at the period fixed upon, ard CONVENE nee
70 sul.o,s and parties. In this, as 10 every department,
OF a wei ordered Republic, a due regard should be had
to economy. Not that false economy which will re-
SUI from the saving OF piiiancs to the State, and he
loss OF thousands TO individuals: Blu, an economy found
ca upon tue consideration that every citizen 4 a por-
non oil the community, and that nothing 10 saved 10
mat community by forcing such citizen TO pay 10 ano-
ga,herer.
The main inducement TO every community 10 sinh.
Ject themselves TO the burdens OF Government, is found
In the security which 10 thrown around their persons
and property, by the proper regulation of the Judicial
trihura al.
IL these advantages are withdrawn, there lie COM
parauvely little left TO compensate for the burdens i'm
posed L VIII, therefore, take i, for granted, that that
sind oil economy which will cave a few pence 10 the
government, while II produces less delay, dissatsfac.
uon and vexs'lon 20 suitors, will not be vie wed with
oierauon by t6o'e who really love their country, and
iee' a proper interest in its success and rrospari.v -
DismiFsing the %con'idefa ion ai irg from the fact, that
me one-Judge system nigh, possibly save to the pub
TIC treasury a lew dollars, which | by no means admit,
and which cannot he proven, let us now epolirs how
TAR The convenience OF suiiors, witnesses iurors and
atornies, will bs promoted. by one plan more than by
the other. Az II regards the distance thew will have
10 rAvef, there is no difference whatever ip the plan:
he Courts are to Ia held at the sams place. Blu, ia
one respect, there will be a material difference 10 point
| oil convenience. Ne -v.n ...- F. ~ e.. =.
L. there be two Judges. one hold; ng the Char csry.
the other Ne Common Law Court, al the same time,
the term will only have half The duration as upon the
ohe,1uhge system Consequently, all those whose at
tendance Is required upon the Courts, will be detained
a less line, and incur less expense and inconvenience
than upon the other plan.
Which plan has M. a Advantage Il, min, Of dssna,cb
promptilude OF decision, and whatis of morc importance
sun, as to ability and ippartislity in the Judge? Tae
'wo.Jndge plan will certainly unite the qualities Of i'm.
PaC'a'y anu de'Patch in a greater degree than the
one.Judgs plan. No one can conte nj, that IL a Judge
is wholly or chiefly devoted TO one branch of the pro-
9 ssicn, tat he will net become more learned, more
sktliul and expert. in that branch, than If he two were
blended in his mind. The characterization Of these
branches OF the law, require, The ex reise Of different
iacuites: One requiring patent labor, the other quick
ne's OF parts, prompltude add decision. 10 the selsc-
ton OF the Judges, regari would be had to these con.
sidera'ions: In the exercise and performance of their
duties. their qualifications for their respective duties
would be much increased, by the exercise in the sepa-
rate channels. While on the other haod, upon the
one-Jndge system, you would divide aud distract the
" WI w DfdUCne9, N tDu weaken
his powers as TO both. And you would in he outset,
! narrow the range Of selection. Another important adj
VANTAGE Il loving from the two.Judge plan, will be the
advantage OF their united counssls npon subjects of
diff Guilty, II must lie admitted on all hands that The
%combired iudgmen, Of ,wo individual. equally able and
learned, will Civ more satisfaction and command more
respec', han that of either, sinely expressed. The
ability Of a tribunal thus composed, 10 say the least,
viii ~ctrtSitly not fall below the one formed by q sin
gle Judge L. there not every reason to believe that i,
will iise above j.? Whsn we consids these Tribunals
az pPriIal or impartial. 4 q ctaDce for lima tiaIity ia
certainly increased by the bill CT thu House Of De.
iega'e'. In this point Ct view, the contrast be.
comes more striking, the argument more conelu-
siyr' Tue causes Of partially in a Judge, must
afi'e from bis knowledge of the parties, acquired
elmer by HE acquaintance with them, as private or as
public men. II proceeds from liz @, and di.Iikes. form
ed ir'm intercourse with the suffer-. The probability
thst two Judges will form the same opinions az to tn
merits OF the parties, is GimjDisbed by one half az the
Ita'. AS you increase The number liable 20 be It. f H.
eneeG by ,hesA conside rations, you dimirih the chances
thai II will operate injuriously-anh, whit is OF euual
importance in thi, matter, you diminish The chances
mat such . suspicion will be INDUCED by either party.
But this is ilie smallest Of the advantages, which the
bill OF the House of Delegates possessed over tie other,
in thi4respec'. The single fact, tba, uaon one plan,
the Judge NUT NECESSARILY reside 10 the C rcui, IN
which the sritors re'id' and upon the other, enc Of the
Judges would not reside in the same Circuit, give an
advantage 10 the former, on the ecore Of impaftialiiy
which il Of The utmost importance. This 10 an adyan.
taga an manifest, that the mere statement OF the fact,
must carry conviction TO the mind Of he reader. The
party, when he brings his suit, cannot foresee who il
70 pressure ~ ne Tiai BON parties are equally igno-
ram, uDti he Court ccDvenes, and every individual
will r"ly, and solely rely, upon the merits OF bis ca use
II is true, the Chancellor il 10 reside 10 his Circuit, and
viii rot interchange IL with other. And this is sub
mittsd to, from The nature Of the cases upon which he
Ia called 10 act. An itinersnt Judge canno, discharge
chancery business. i. proceeds by steps, and to ens-
he a Judge to take a proper step, at any given Term,
h must know what has been done a. the previous eta.
ses Of he cause. To take up each case, in which orders
would be required AZ every term, would be next 10
impossible. The mind Of no Judge IL ad squate 10 the
la'rr. II. in the progress Of any case upon the Chan
Gerry SIDE OF the Court. a snspicion should arise In The
mind Of any sui'or. as 10 the impurisliiy OF the Judge
IN whose C'urti 4 has bee0 iBsti rted, nothing il more
ea'y than 10 remove the objection, whether found ID in
fact, or created by fancy, by calling in The aid Of IN.
itneraot Juhg', who would fit in the cause. You
would, by such mean, preserve the judicial srmine
from the blight Of s%uspictoc: Thus, moi only rressrv-
ing ~ pure, but unsuspecied. BY his e~xpedient, more
be prevented or removed, than csn possibly be Fl .c'pd
by any ingenuity founded upon the plan Ct a single
Judge. Such ? JUICE must BE- permanent, in rogasd IA
hs district. He will have undispnted power over all
cause, criminal, eommon-iaw, sni chdncery. N
matter how this power Is d ispensed-whetber IL is lone
wisely or unwisely,-the mildows II ~susp'c,on will at
tacb 10 him. The mischief apprehended nsee ,sarily
eDlues.
Bu', will there be as much p7omoii,uds and dispatch
in the one Judge plan, AZ according TO the bill OF The
House Of Delegatesl Is IL not obvious, IL two
Judges are placed IN a Circuit Of a given number o.
counties, that they each, acting 10 bic own department.
will Dispatch the business more speedily, than II each
Of them had taken to himself all the business II ons
half Of SUCH eircuit2 For the sake OF example, lie, n.
suppose a circuit cODssinz OF ten counties, that ttvo
4 Judgaa ~ n a = a har arourd hi Ct,o,ig I.,sI... a..