Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-17

mar Of he Ru
Perior Courts OF Law and they arc less complained
oil now, than at come former perio L. beesuss Of the
decline OF Judicial business. and an interval Of good
health among the Judges. Tue time has not long son.
oy' when 10 many parts OF the untry, the judicial
term oil the Superior Cour did sufes d, pose of
he DOCKET aud In some coub ts h r. Il failure
In the Administration o Justice, arising from tho short
ness o, The term In addition to the delays resulting
from tbs want O. time, there have been 9th more Sc
Iious DELAYS, Produced by the iuabili OF tn Judge to
nod his Courts from sickoss. or other ca u.lty
la the Coutt OF Ape ais there have bseu and con.
tinue to be- delays the you. Term altar
Term passes away, aud the suites find their causes de-
isrred. beyond thu period which they hid 10 .ndur.
10 tue Court OF original jurisdc ion
vas W7 du'y OF the Hou.e to provide . system.
oy which justice should be ,otely administered Tia,
was me great purpose. And when ample provision
hsd oeen made tor iba ems all the which was
compatible with full tiat, and due considsr atioa
snoe'd De undoubtedly attempted. II was, however,
arrays 70 De remembered, that certain posoo of d..
ray was nseparsbly incident TO Judicial
no Que was more disposed TO Introduce s,iu,a,v rr
"n,' ano our Iud'ea, system than himself; aud was
oo'y because he could SEQ the propossd change
,he reform that was necessary, that Ia had adj, mr.
his opnion 10 oppose it, " " ~ W
In the Inferior Courts there were moro causes dis
pou Oh '"an were hnai'y adjudcated Under any sys
ZEN 'ns result may be anticipated Ape ais there would
wnA'evcr was The character Of the subordinate judi
S",,y LOT ao,y; and whatever were the and la
oour borrowed upon the exa ion OF the cases
But would be az seen, that in the a,tem -, N
hasten the decision Of judicial ques IONS Their.
danger Of net paying sufcivn, attention 70 ths &C.
.aey WIN which they were TO be Judged: and than
II viii follow, that tbs time which was ,ayoi hv
the operation oil sys en-, constructed with vie w ~
pesu. would DC more than lost by the appeals. Even
under the present Chancery M there IA re- or
supposed just occasion for appeals. 10 90 great num-
ger OF cases, that causes continued to Accumulate in
he Courtof last resort, he very grsat ba,,;., "a
the parties concerned. Surely atTayslny Ch.nssi,
eanno' remove this source Of serious expense -.
well as ruinous delay. FN' 20
In. The union OF Equity and Comman Law ,ari.pru.
nenee Ia the same uibunaIs would enlarge ma..ri,,
me functions OF The Superior Court Ju5g. and
.ne ehectot the union would be to REQUIRE of him an
int'nate kuo Wedge OF both Of tbess dvi.ion, NJ
sic learning, differing essentially in tb.i, ,o e
relations, while IL din inshod tho oppor unity If .,,i
Ing TO correct Knowledge Of eli her Thu Ch,nesI"-
upon his Circuit. would DO depriv, d of book. If ~,
renee and au,h' r.iy, without which there could ~ 70
investigation into the principles APPLYING 10 "'
neuar case. The Danger therefore, Of ha.ty and bsi
~ consid~red DEGREES, would be augmsn,sd IL 20,
position Of parties to acquiescs in than 'I W.
and the Inducements TO appeal, muplied In H. @
proportion: This, he feared, would be IN, insv ,h
., VI we proposed system. For, there could bs No
question but thata distinct Cbanesrv Co., W ", no
places sfording the means and copy.nienc.. ., ~ 800
ano research was infinitely better calculated than ny
NEGOTIATED arrangement. TO secure full pren,r..;
the part OF Counsel aud precise and 'on Oh
uon on the part Of the bench o'na-
ne ooe ,,1n to the present. chaueery system \.
Using from the small number, and remote s;;,.,; .
the Courts, can he readily avoided, without hrsaI; "
up he whole establishment, and veu,uring the whas
Jee OF toe country upoa doubtful, il no, h .xsr
sous experiment.. So Increase and locate In G..
a. that the labour Of one term sbaII n. nS .
prove nndny fatigt ing or oppressive and that al, ~.
nave business IN them, ard desire to be present MAJ,
pe aoe 10 attend, wi bout serious '
pense Ths course would be accep'abI. n m. . ~
uy was the obvious remedy for the defec,s ,h,
now existed and would provide against the con'u.ion
ana uncertainty, which were likely IN rs.nl, - -.
ia"oddetion OF new order Of thing No ona 81; i
tnat The equity business OF the Country was ,6 -,
,n amount, 10 justify the employment Of Of Cha
gerry judges aud NJ one could object that m. a.;
ounon OF 1t among class OF separate Cen,,. 90 W.
,aVoraoe 10 accuracy aud ieWnng, in the inairi, a.
Ps,.neh's whether accuracy Of decision wa, con.
suited which was TO be expected alon, fron, I.,
ana reading Jndcature, or whether ehs,pns.s and ~
Puon were the great objects. the division n, iuris
tpu ana the retention Of separate Courts. were
Hke Fvorabie TO either result But, SURELY gooJ MI
ey, well as high moral considerations imo, rop,,
ae'nanaro, tnat any expense which night be nece,.,
az ~, o provide an en'sht learned, competent iu
ue'ary should be cheeruliy incurred. II wss dus =,
tue honor and character OF the State to III
JUDICIAL Tribunals, as that able and VI.
y DC canen 70 preside In them; and that they should
no' ue prevented ny thu unoward operations NJ IN.
the public. N eo"nuspco 81
The business OF Chaneery Court required a b,h,,
Il c'o'e, iaoorious and patient examination of nsnsr.
wnicn were generally, il not wholly, without the in
rs ""'ch provoked aud conduc d to close enouiry
a.' ums winch was necessary to read so az TO un
Se'sa"u me documents OF a single cause woulJ suf
nee IN ntsi prius Court. to ii pose of m,ny go
III, G"aueet'r, above all things. should not be com
b..,an 1u'ry hroush his do, ke'. by the necessity OF
nss'ehng 10 another Court Nor were tb,r. anu -
sderaion' TO justify the multiplication Of Courts 40
as TO expose him to that necessity There WIS no u
TOT 'u'ies no witnesses brou Int from boms ,
aeuo upon me Cour; nor there any occasion for
the presence OF parties being unoo ,ha ~,
all ma, was in their power Z, collect which r,,I
tne controv -rsy. Ii wa3a Court, 10 which ,b.r. -.
OUT tue Judge aud his bar, and the few ofncsrs -
were employed about the bu,iaess of the term D.,
ues couh nave no inducemrnt 10 be prof.nt ,yban :;
ance to their Counsel NV " ASSIST
III ma been said COUNSEL wonId bs mo,e a;,,
""en cehts were by to supervise their efforts al o.,
demand the reasons Of any continuance or o,bsr -
cstunS IN the cause. An answer had bean vivsn h
otoer geDi9 men TO this Obi .ctiln Ii IVA. ohv;,Iy
entitled TO no force, when II wa, rem.mba..J ,,'.y
Oar was toii OF emnous aspirans for business and di
uncnon who would be industrious il fror, ~ -
consideration, from the certainty OF HAVING m. ..
quehees oil the" negligence VISITED upon their ovn
persons. ~" '"e" Own
There wssno monopoly 10 tho prof..,io, and
reference TO Other classes Of I,bore 20 also in
ence to lawyer, the competition which eri.,d 49,
the members oil the bar, efscted whasosvsr wa. -;
Iape towards securing efficient and te.pon s;bs auo.
MES at reasonable prices The unnscs,,srv nu,,;i;
caon OF me courts, would have the ef.c, OF depryjng
Pa'es OF 'he range OF seiec ioD n empoviny ronn.i
which was afforded by the number thai " nj h.. n
gregated AZ district court So that a, Er =. th
coonsei shouid enter into the confederation of IN.
non, u wa; an objscton to any judicial svsten Nc,
aemsoded oy public policy or substantial convenIence
h@' tue oar OF ths courts likely 10 he Isss ~ 80
aod resps ciabie. The force of This rs,,.I .,en'
en oy suior' OF every description; and tb,v =, H.,
consn'u'e the class 10 the cornmun,y WIN ws,a .nT
ued 70 De consulted. What were The ron,id.r -
when were TO reconcile The persons HAVING hn.oa a.
the Court Of Chancery, 10 the novel and
system which was sought 10 be e,t,hIshaS, wu,.a,y
certainty oil having their Chaneery csu,e. sd;,d.,s
~ uonssue Uiounfl The effect of tha n, - s,r,r~
inen mad been sbewn to bs the direct -. IS
aon,,. n :" pIaeucs expose them to be called into