Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-28

the idea OF carrying Justice to every mans door. as
being calculated when pushed too far. to defeat
Justice
NJ. Leigh replied at considerable larglh, protes
sing his affection for the small Counties below, as
containing the parent stock OF Virginia pUpuslon-
~ his more than Willingness to grant i' IN pTeclsc ana
equal Justice. Advcrtn 10 the combination OF Princi
ples-tcrrtoria! size, md populaton-whichi; wasnc
cessGry to consult in the formation Of lndica syS-
tenn, and to the territorial extent Of the SINAI! CouA-
ties Coaesccd into Election Districts Nj. IL d'Mon
Strated. that to give each O them separate court
was more than justice, many OF them unl'cd were
not equal to many Counties Of the Commonwealth III
superficial extent, or in population. ~ To the dec
trnc OF carrying justice ho!1n to every man door,
Mr. l.. supported far and no farther, as 10 MAKE
justice convenient, in the general sense OF the word
to al-and convenient las nearly poSSibe tn one
as TO anotherbut no greater curse could be inflicted
upon any people than to contmc the jurisdiction OF
Court within limits narrow, that every iury must
be composed Of men. acquainted WI;h the parties,
Conusunt previously with the circumstances OF the
they 10 try, and necessarily with O!as on
their minds aIr. l. iiluStIacd this opinion by
variety of facts personally krown to him, As
to the proposed system o! uniting chancery and
common law jurisdiction in the same Judges, aud re-
curing them go to every county, MIR. l.. pronoun
ced it mpracticable, without increasing the Judges to
twenty four The business OF the country could not
be dune-t impossible Tor the courts thus organ
lied 60 il. within the time IL mad pleased God to
allow for doing whatsoever we had to do. Iir. L.
proceeded to dcnoumcc the systcu! indicated by the
resolutions, in the most fervent manner, and referring
evils which had FOL owed from it, and declared that
if blended with the chance ry it could
not he ADMINISTERED without tw" Judg tie circuit
lie took occasion TO pass upon Judge White. splcn-
did panegyric.
Mr.. Jones replied to MIR, Leigh. in a very animated
manner, dencucing the present courts of chancery,
pointing many Of the absurtes. and grievances
of the system, and advertinS TO the popn!a7 voice.
which called in manner not 10 be misunderstood for
! change of the system, and the union Of chancery
and Common law jurisdiction i'll the tribunals.
on
tie motion to strike out the last clause of the third
resolution, Sir. J. pointed out many hardshpS and
Inconvenience Which would result to the small coun-
ties from withholding the attendance OF courts in
each of them.
Mr., Leigh in ply, said, he had not discussed ihe
second resolution farther than it bore u,on the pro
position before the House, nor, as the gentleman
ed to apprehend, was the second resolution beyond
discussion, because when be fore the house. motion
| had been made touc!ing It. He did consider
The principle o. bending the courts settled,
but not by the OF the House and he gave notice
that he should discuss it at arge-from sense of
duty to himself, the country, and particularly to its
friends, for he determined to show them, what
were to be its effects The gentleman from Eliza
beth City (Nr. Jones' seemed tn apprchend that the
superior and chancey courts were to be blended in
the sense OF Praetorian under Justnian-a
parliament Of Paris under the cid Regime-or the
court OF sessions Of Scotland. Not SO. The same
tribunal indeed, exercise both Jurisdictions but
the jurisdictions themselves be kept separate,
as in the county courts.
Mr. Jones explained. He was appraised that the
forms were 10 be kept dstIncl-Hft he iaVer OF
allowing that to be plead whether OF law equity,
which would avail party subsequently, in court of
equity
Mr. SempIe followed IN opposition 20 the amend
ment-wlen the question taken, and the molten
carried, ayes 50, noes 80.
Mr. Maxwell sail the had reached the point
when il prope discuss the question Of te blend
ing OF Jurisdiction IN the OF tha Commonwealth he
call upon friends o! the 81 resolution to state
their reasons for IL But the hour getting late,
he DESTROYS Of having passed the bill organizing the Exc
cuive, he moved that The committee se report proEcs
and ask leave sit again.
Mr. GmeT opposed granting. leave 10 ST; aga unless
gentleman nnaied purpose Offering farther amend
More than call had made upon friends OF
resolution for their rea in ayor OF the system il
proposes. lie not perceive tie prophecy of ibis cali II
liberty To discuss the resolution and he was Drpara3 ~
10 them But if friends satisfied their own Oni.
nions prepared vote, and decided
majority of the House favor every reported
by the committees he could iat they under any
obligation 10 begin discussion.
The motion for leave to sit again supported with much
arestness by Mr. Mason Fred opposed by Mr. Christian
and negatIVcd-ayes SO, noes 81.
The Committee thea
On motion Of M Goode, the House took UP the bill 10 organ
ze the Executive hs bill reports blank the hen tile
Governor shall so into Office and the salaries of all the Officers
of the EXecuive:)
MIR Maxwell moved to fill the blank as to the time when the
Governor shall occwith the lst of February and
briefly stated his reasons
Mn Miller of Boierourt, moved the fourth of March.
Mr. Jackson proposed the fourth Monday in March.
MIR. Burfoot moved first day of March
Mr.. Rives OF Campbell, moved 22d February.
Mr.. Miller withdrew fourth of March
Mr.. Garland OF Nelson, moved first Monday in Masch.
Nh Leigh supported the fourth Monday in March.
Mr.. Miller of Powha,an, supported the first Monday.
Mr.. Leftwich proposed the second Monday in March.
Mr WitCier supported the FIRST Of February.
Mr.. Williams of Harrison, proposed Of july
The question then pi; the longest time The i
of July ejcctedthe h Monday OF March adopted
ayes e., %
Mr. Mason of frederick, observing ta. the remaining blanks
affected the salaries aud would induce discussion moved that
the Ho"sc aoJoufn-and the motion was carried.
To Hs Editor Of the Constitutional Wn;g