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

taken eve e,nn.ie, 10 kiuself. 10 which he WA " AZ
sne Commsn.iaw sd Chancery business. unsts~a by
any one : They will certainly do more busness All.
hs dife REM branches ere ss'igoed 20 different b en-
selected for their aptitude for tina, pa, ,icnlar branch
AGO VINO shall have acquired a habit, by being .xelu.
'vey devoted TO his peculiar occupation. He avoids
the distraction OF his mind. He /. no, e sance,ior oae
hour, aud Common-.aw Judge tn. .ex,. Tee .inr'r-
ness % M pursuit. viii give him facility in his lab rs.
iLi- branch OF III. agumsn,, resis upon ia. familiar
prlncipi- II thu dieision OF la'or, end Is too obviou. H.
pfiacip'e, TO require tutiher remaks.
mere u one cln'id,ra'ion clly, which induce ia TO
m'nS, uhai moe 'ine would be ., o. RID npon h tive.
Judgs rIan, than uioa he other. 1ti.ui-. The Cir.
cuts must ntcessasily be large, and more ~ ourd c,us,
De travelled over by the judge. But tue o,ce OF this
= removed, " We eon.iL-r TIA , after y sess on Of 10 OF
IL days iaboiious occupation in Court, t,ae will be re.
CURED for recreation. This will be oceupied la ira.
Ss,nns ron Cor to Cour'. l will re-e.tdbhsh The
health, AMI revive he dropping spirits OF tho Judge,
emu he viii re-conimence bis lsbtr, 10 tho EEK, c.un:y,
with renovated vigaur.
But is IL not matter of astonishment. that the advocates
LOT cnange In our Judiciary System and the Legislature
oil Virg mia, should advocate and adopt a scheme which
WIZ afford no remedy to some of the chief evils suffered
9sder the exrsting ccurts' What greater evil, What
mas been more complained Of, than the advancement of
business from The noa-attendance oil the Judge? More
dissatisfaction has arisen from this single cause, than
rom any onc-perhaps more than from all others to-
gciher. we can have no judge who will not be liable
to the irailties of our nature. No Judge can exempt
his family from these frail,ies. And absence from the
courts will ever be produced by these causes. When
they occur, there is expence to the public and 10 indi-
viuuals, vexauon, dissatisfaction, and DELAY to the par
ues' their witnesses, grand jurors, &c. The law re-
quires all of these to assemble and be in attendance tbre.
Jays before IT can be ascertained whether or not the
Judge can attend. Perhaps some innocent per,on NAV
De confined in the walls of a Jail, whose trial is post
Poneu py such cause-or some plaintiff may be ruined
by NOT being able TO get a judgment against his debtor
Tor that which he justly owes. 1t was to remedy CRYING
evils, such as these, that the people. called for a re-or,
ganization oil their courts. And what is the remedy
proposed by this scheme' Upon this one JUDGE nIan'
there are two judges in one district, moi in one cir,
euni anu IL Judge in one circuit cannot discharge his
business, or Is prevented from any cause from holding
hs courts, the judge in the adjoining circuit, if he has
time, is to do it for him. If his own business should
press upon him, and accumulate upon his hands, as will
be the case under that system, there will be no remedy.
But the people must submit to the grievance, however
oppressive. This remedy is even less efficient than that
provided under the old courts. While they existed,
you mad the chance OF receiving aid, not only from the
adjoining circuits, but iron, every Judge in the common
wealth. The law now existing, provides that If. from
any cause, a court shall not be held in any circuit in the
state, 1t shall be the duty Of tho General Court. if this
fact is made known, TO assign some Judge TO hold a she.
cial term in such circuit: giving the chance of having
a term,it there should be any one Judge i nthe common
wealth, whose business will admit of his taking the
time to perform such duty.-In this one-iudge plan.
you have 10 chance for relief, unless a single indi-
viduai shall hnd it convenient to give the relief, if re-
iiei that may be called, which most Frequently will
produce more vexation and expense, without any cor
responding benefit. As ii will most frequently be found.
mat from the absence OF lawyers, or the unreadiness OF
parties, an attempt to do business at such term will be
abortive. Upon the scheme of the House of Dele pates
the pressing bushes, of both branches would scarcely
ever fail OF being done. As it would very rarely, if ever
| happen, that both the judges assigned 10 such circuit
would be unable TO attend at the same time. In this
point OF view the two plans will not bear comparison.
But there is another crying evil in our judicial polity,
winch called Tor a remedy, and called most loudly. /
mean the evil arising from the accumulation of bust
ness in our Court of Appeals. This, in many cases, a.
mounts TO a denial Of justice. The interests of whole
families are sacrificed for the want of decision This
cannot be remedied by multiplying the. court. II is es-
sential to the nature Of a court of the last resort, that it
should be one and one only. Uniformity of decision is
InHlsnanSahIn Thar aan HA Lt
regulate the duties and jurisdictions of all other courts.
was the number increased, they would come in conflict,
and no rule OF right or wrong could ever be settled.
This. being the case, If we cannot provide a means of
diminishing the number Of appeals, the evil cannot be re-
moved. The only mean, of doing this, ia to increase the
confidence of the parties in the inferior courts n was
supposed that the united judgment of two judges would
effect this end. Such a judgment would always have
been bad, in those cases, in which Tier. wcnld mos,
probably he appeals. The confidence would have been
increased, lst because of The coincidence of opiniop
and 2ndly. because the suspicion of pariialitv would he
removed by the constitution Of the court. ~ has beer
shewu IN a former number. IL | am RICH, in his opio-
ion, much Of the dissatisfaction and ruincus delay
bere'o'ore experienced, would be prevented. And
know OF no other means Of effecting This end.
But the two judge system cannot increase III ex-
penss; en- the contrary, it will diminish it. If II do not
diminish II to the government, il will diminish the ex-
ren'es Of the peop'e. In the proportions which pa.sed
between the %eenfrrees Of the two houses, the House
of Delegates agreed to reduce their number 10 tw en,y:
The Senate propo'ed to increa,e iheirs to the s,me
number. No rehecing s,ateam I can beiieve ,ba, az
much business cannot he done by twenty iudss1 sitting
at the same time, as by the same number holiing courts
separately.
L have cndeavoured 10 make a candid pypasifjon Of
the two schemes. And / now ask what will The s s,e
gain, by sacrificing these obvious advantage. end TAX
ing the plan which has been adopted! Is there anv
thing OF convenience in The one, net found in the other;
This cannot be shown. Ia there any saving If exnense?
None TO any body. IL il oct oftenderness 10 the Judges,
Is the object to save them from The Inconvenience Of
in'erchonging their circuis' If 90, i; has been eff. ct
ed. But have we not paid very dearly for lbis adyan
tage! Had we not better have put .hsm 10 a little In.
convenience, than have denied 10 the public 20 many
Dor, AM The people would cheerfnlly paw them born.
tifully, IL they di charge their duty, with fidelity Blu
II has been urged again and again, that IN. two Judge
plan would place too much in the hands Of The ba,.
That y ey would be too much pressed with business
II two Courts should set at the same time. This world
no doubt be true. But bas il come TO this, Are the
interest OF the whole community to be sacri6ced. ra.
iher Than make the lawyers labor a little more. than
may be quite agreeable to them? II has been always
supposed that they exercised a great ,raI if Huencp
in cur eommunity Bui this il the 6ra instance. in
With IL has been proposed TO sarri6 &c 90 many bene-
fits, rather than maxi soma small alIi,ion to Cheir IA
bors. Their true friends should delight 10 such a re
cult. The members Of the bar The mae I've. would We.
ry soon. be thankful, that thoy had been compelled 10
apply themselves They would soon rel ,i.A that thew
had teeu eompsllsd TO steal a few hours from their q.
musemenis, TO bs bestowed upon the caussa of ,bsi,
clients. especially from those amusements vbicb a..
ways leave Them dissa is6 ID with ibsmse,ves. and IN.
6t for the labors before them.
Those who wish TO see The common.Iaw AID Chan
Gerry az they row exist entirely aboli shed. anil 10 see
a wholly new system erected in heir stesd and upon
,br,r Iuin,' have cause to rejoice. u seems to me, that