Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-02

damsges for the los, Of his eye-oh moi but "a
tain whether be should have brought espas, or tres
pass on the case.
L.tus now ,xamine the plan Of pie adiuss proposed
by the Substitute. aud whether il will answer IN.
e"es 81 the common law, as well as the common law
esdiugs themselves. n Il can be .hown that ,his
psn WI answer common law casss as we'll n. ,hs
commGn law ri u ings, ard .ui, all the Chancery
eases as we'll ss the Chsnetry pleadipys. IL uu. be
acknowledged hat II Is better mode tLan ether and
eught to be adcp.ed; because would gu -ps nd BOTH
he said he would nstsnes the ca.e cf a.sulnpsit -
In 'he count for no"ey had and received the pieinn
complains that the d. feudept was 10 him i'm
cera sum OF mon y TO- nonoy before that ,rne had
anu received, TO- and Tor the use Of the plan ill., Aud
oeing so Indebted IN consideration Thereof he urd p
took aud faithfully promi ed to pay &c.
TAis form, thou ID Ger ain IL very technical, ~
me wcrd consideration, be or ted the declaration is
'so, oncer I'll, count, seven or eight separate and
.'ne, causes OF action nay be siv n in evidence
tue piainhh may even prove that the defendant was
the assignor oil note bord, aud the assiyne. "
nso'ven'. Does tuch declaration give tn de fendan,
touee OF the exact nature Of the plaintiff dem nd;
Ger ainly does MT. What DO propose 10 ,ub,t ,,.
Tor ~ The facts upon which he relies that is p,sin
imP'e statement OF he cause Of his complaint. This
orn, ,nongh OF SO technical, is certain il i'm.
forms tho dsft ndan OF the Of the plain a,. d.
msnd What is the plea 10 This aeti M non "a vun.;.
uoder which lhs defendant may give in evidence paw
msnt or indeed any thing Ina, viii d, s,roy the pisin
hhs ac'ion, except the act Of lin ita'ion.
DYES this plea give the plaintiff any notice Of the
defence! No. Here two men lighting in ihs
1ssk, neither knowing wh.re the her intends .ke
a mi
OF the gre una Of his defence.
Take the case Of trover and conve sion for sIsv.
where The piain,if dad loaned or hired him to his
neis hbor, who refued 10 re-deyer The ,,a;ng iii,
aedse that being possessed of certain slave a. q, his
own proIer goods and cha,ies, he caiaally los, him
ou' OF ME session, that the slave came 10 the po-
session oil the DEFENDANT by finding that tn pfe
refused to deliver the slave to the plajn,iH anJ go.
verified him 10 his use; all Of which is un,rue ad
nsed no, DO proved; tn. conversion beiog the gisi
on he acton AM this Is the form applied to all no..
Ia he
stances by viii the derntaot gets in e.son n
.ne properly. We propose to substitute for ,b. fe
nous iorm rain simple statement of the facts of tho
case; the very truth and no hing but the truth.
The simple acts of a case stated in plain manner
are mere eer,an than any form that can poss tly be
prescribed. The merits Of each case mu., a, Ia.,,
upon II, own facts and not on the form, Of pIa ad;n
he SAID he was cure he had satisfied the nate ba,
nohog could be more certsip than the proposed MIA
anu ma, would sun The common law actions, well,
| OF oeuer' IMAM the common law plead,ues BIT he
woud give another example Of the elegance and Ger,
tain'y oil the boosted pleadings OF the Cor mon law
An old woman sued person in the county, of Mnnro.
for having killed one Of her hogs and for
o'hers' being all she owned o. the day of trai ,h
| Attorney read the declaration, which Mr. MIC i,om
reeoi'ec'icn reci'ed as follows N
custody plea e pS ss%piS' ;s ,a
oe.a within the tnG ysSF Of .
divers si So SSs snd il %%s for The
v n ay SsO forty forty sPad forty soa1s
aofea sss a. The county
gn swo S knives slaves dogs SEIZE be tear of
forty SoaIs o1y baIncw ; destroy The hog.
AT this moment the old woman, in the honesty and
sincerity OF her hart, ssz the lawyer by the Goa,
'aii, ahd cried Jesus Christ nv good cir NV,
owned so many hogs In all the DAYS Of nv iis M
Sr .aid he Is IL to save things like these tina, ali ,be
.gai talents Of the Commonwealth are arrayed ayains,
the substitute! "s'''s'
Whst has the distnc,ion CT actions done for Tho
wor!d' IL has built up the chaucery courts With er
as 20 almost ,vs,y country where The common law
law practice, to whalit as tefore IN. chancs
were established. These courts, In Englsnd a'e .,
eeiesia'mcai origin. They have usurped |rom the
| courts Of common law much of their autf ori,v and
deprived me people OF the Iil by jury and pira poce
testimony They have been handed down 70 ma With
,heh perjury and all their paper testimony Il was
saiu oy Vessrabls chancellor no more who W as
one OF the hrst Judges and best of me n that twen
years experience had eonvirced him. that Cbaneerv
"a "ee curse 10 any land; an that they corrupt
| ed society at Its very foundations!
DIR, 10 what has the commit law the ADVANTAGE o,.x
he civns Certainly not in its forms of peadpxs. n.
~ ns H'a oy Jury and its piua tsstmonyVn the
n"u"g OF facts ny twelve houest men. He had rea,
VeneIation Tor the common law il was true hn, he
81 80 ~ nor carry bis veneraon far, as to adop n.
and st,te ros; ara CoLmon,, or its union OF Chu'c
| Tar as u had teen adopted in this coun.ry ard 10
| store IL 10 is original u ity - ~ ~ = :
know, SIR, said he, we have been denounced in
every part OF this good city of Rchm md as radicals
unouafors' d,sorgonizes,-bis- Sir, is hal ws
exp cted' We we've not ignorant thai we would draw
Pou ourselves iha odiun vi the profession TO which
VIC peiong' Dat, as II regards myself said he I re-
sdo IL noi-Ccns'icus Of the rectiuds If his ,,;ya
ne could stand Oh tina prtuI eminencs and Ioo in NJ,
on the defenders OF 'he "guod cum and nobso,,. b =
IL mas Deen Said, that irighul set of tecbnicai
Ties would be erected on the plan PROMISED in The S
suute, as that we are about DESTROY This CAM,
De So The Pleadings must be plain and simnIe aw
yers may suppose peadings plain which are filled viii
'echhicaiites--but then, they must be simple in ,ha
common language oil the country; and recoect ina, IN
ludge Is sworn TO keep them so. Yet should tbey ell,
Ue echh'cai' great point was gained-it would omen
he whoe held oil action and defence-it wouId Ia, a.
parties into the ultimate justice of their causes i; ,
hrst instance. lie had no idea, when he was ofternn
good defence by any OF the laws or usages of The Com
mohweath, oil being told by the Judge al am noU Sit
u"g on me common law side of this Court bu If yo,
are aoe 10 give bond, with good security in doube H.
amount OF inc judgment which must this dav he pro
nounced against you in eight years / will SET II
asue, ana give you judgment for your costs'-Sucb
Juucary may be profitable 10 lawyers but it must be
ruinous to the people!! '''' De
He had heard il said that the Subs,;,,,o o.,,,
Inc effect OF destroying the respecabiIity of the nro
sion. But he did not believe it, He believed 4, would
nave inherent effect The LAWYERS instead of stndy
ng iechnicailties and tricks, would study the law and
Jusuce OF their casesthey would no LONGER be cons;
ueIeu quiDoIers-bu occupy that station i'm the sfec.
ohs oil me people, TO which their talents would entte
mem ihey would become OF enlarged and libe-
a News-dnd instead oil being special peaders i'm the
legislature as II defending 'sq,iod cum or "obso,,e
hoc, they would be Statesmen and do honor IN 49,
counAy, and the cause OF justice This Substitute NAV
eeesHoy me chicanery OF the lawyer and prevent him
from wring his less skilfu adversary out Of Court b,
II can have no other effect - W
true the practice proposed by the substitute w in
require less skllless learning in the legal ecbnicai