Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-03-12
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The Constitutional yJlbtD.

Ii. GIBSON said that The disposition he felt to
his protGs, against that principle of the bill
.'r'"l.by the committee now under cnnsidct Patton,
increased from the fact that the members Of the
~ that part OF the country from which he came,
ar as no had asccrtoincd their opinions, perfectly
cidcd with him in the belief that the plan of send
." two Judges together around tho circuits. the
IIanceIiur and the other as common law Judge,
t.",!d not work advante geously TO the community.
brheving rs he did that the best interests of the
hry involved in the decision Of this question:
" did most sincerely hope that the amendment offer
Il by the member from Albemar!c (Nr. GrlnerJ
:ht prevail. 1t was not because of the Increased
,rcn>e incurred by the appointment of four addition
Judges he 50 strongly disapprovcd of tho report of
..r committee although that certainly a weigh.
consideration. lie would support any system that
best calculated To promote the jus ice Of the
un,ry. II two plans should be- ptescnied he would
enquire winch Gust the most, and of hand adopt
cheapest. His enquiry would be directed to the
g .'S'i"n Which was the best, and which was most
ihnted tn rG"Ct The great object of tho establish
'"' 81 a judiciary. In the two propositions now
''r" the House, he WIS happy in the belief that
Z which IL cheapest, is hest and Of course those
.."na considerations should influence our choice.
e." did n" so much object to the bill because Of the
continent of chancellors aud common law Judges
distinct persons, al hough he should prefer the nvo
actions united in one and the s1me person. rs he
10, ~ the fact that IN all the lnyge and middle sized
'"u ieS, The two courts, that is law md chanccry
1iid have 10 be sitting at and the same time
'i' "t the most wcgh'y arguments that had been
nj
would have the benefit of two minds m the deci.
- al their causes Mt Gibson said that he thought
go S'sc"ptble'of the dearest demonstration that
practical operation of the system would be differ
o. IL was true Tn" bill provided that the common
lnJge might call upon tho chancellor for helm in
lr''lt cases, and IN like the chancellor might
" "p"n The Common law Judge for ASSISTANCE. lie
''rv' d that tins aid would be but seldom afforded
- r'lL'inn to common law he would remark
whether difficult not, could not be known 20
court until the case opened. In the circuit
ats hr difficult questions of law were USUALLY prc-
""d UPON motions TO instruct the jury a;er the
tcnce had been heard, or upon objection 10 The
~ abity Of the testimony. These questions as
iuy was impannclled must be decided at once
'" tie absence OF the chancellor. II had been urgrd
F.vcr that IN such cases he Judge could recunsi-
The question: call IN the other Judge and grant
=" trial II he was wrong. All thai .vas true Blu,
IN first place. l: would lead TO uddi nal cos, and
..' am ADD inevitable delay. Causes that wetc of
Veg hrst Importance to the parties to be promptly de-
'.h wond be continued TO The next term But
WAS 10 decide whether the points of law inyolv-
~ N"re difficult noG Was it 10 be LEFT 20 tho
~" ~ decide! IL So, you substantially leave the
"'s:on TO one mind. If LETT to the parties them
'v"s or their counsel, those against whom the
c'sI"n had been pronounced would consider
q. decision wrong, and the question as n diff;
90 one, ard w"rld INSIST upon a recouslderntIon
90 new argument before the judges When
n r"qIrst WAS made by respect able counsel
Judge could not refuse without PRODUCING pycot
'SliIstactIon: and be remembered If the Ienue.
one lawyer would produce such result the re-
..'nst OF all must, III" court could not draw anv
az netlpn between counsel. For the purpusrs Of
TI"LIcc, and he rules of court ell must be cons,d
r"h equally ahl" and respectable. 1t would not then
haHartng much 10 p:cdict that mos, of the cues
It's of law would have IN be rccunsldcrrd and re
-,rr"d The great confusion aud delay that such
''CIce would introduce, could al once be perceived
my one fanlt with the PROCEEDINGS of the
arts. Aud yet II would bs inevitable; the cI ent
." had lost his cause, would find out his hight
h1Y" the decision of two miDds, and having noih
To lose If no change made, would insist thai
'"un~rl should make the experiment. ITuikc nv
> al where costs and damages result from d.f;,ai
Cns' attends he ehbrt-al is TO b. rnincd and
inng To be lost. Who would not play such a game,
',i'i been argued tina; with 'lc exception Of a few
literal questions that the cases Of difficulty wou d
90 known bcforchund and the two iud"es c,uIJ
e.. .n"Irnc' al once upon the rial of those cases HIS
'.,'rilcrcc had been otherwise. Olt of c,u,f the
. Tninde and mp Ir'ancc OF case, depended UPON
t ELn" ut the property, the amount involved in
'i'oversy. No So or 80, OF even 500 suits, were
- spoken OF No important cases; yet, the nue.,iuns
iaw winch they present, often as difficult ~
''l!inns were at stake Let but suit be institu-
l"r valuable tract OF land, or for five or six
i ID d liars. alh ont nf court II was Question
.'npp:tanc" and difficulty; when upon actual trial
"''H"ny at al was presented The difficult les
~ not =" torcsccn. They wouM present them.
80 suddenly and Unexpectedly upon the Judge
e. ne must encounter them. The mos, of these
"ciiun7 apply with increased force TO chaucerv
In the first place. 1t does not seem 10 be con
plated by the bill, that much assistance was 10 be
.'lcd the chancellor by the common law Judge
FJs provided, that the chanccllofs should be sin
nry that they should continue 10 act IN the same
.tr; op' the Common law Judges, like flowing wa |
r. mrs bc kept IN continued motion. The reoson
''' obwous. In Ch9nccry, final decree was rare I
ronounCcd AZ The first term-d,fercnt orders wer.
q in the same cause at different terms and hence
e n'v!ous propriety Of the same Judges finishing
eat he commenced. But his associate could moi
20 help, "a that associate would not be the same
lwO terms ~ succession. Bat if il were other
80, now could the as-ocintc Judge decide with nc
.l.cy. a chanccry cause perhaps covering a ouitc
paper or more, without studying the rccord2 The
~ was impossible Nor would the chancellor eve,
. FIR .slslancc. until he had studied he case and
tinted il would DC only when lie found hifn, If
. .4n"d aud SINKING with dliicul'Ics that he vuuld
nFon his associate. and cry. "bclp me Casslus or
nk.' Under such crcnrnsI anccs !, was limos ible
."nt any cfectua aid could be given. So conscious
- The difficulties OF ms situIon, would be the COIN
ron law Judge. that u wos To be apprcbend,d that
,c would leave the Cause to TIE chancellor end bis