Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-12

The manner In which your courts are orrapized-
whether you have the horse the wo-horse pow
err, as II has been facetously called-whether YOU
bend the jurisdiction not-are all questions Of utter
compared with the a,cs and rules of
proceedings ia the courts. hue and cry has been
raised against all the courts in the Commonw ealth-
Tor the tary and expensive in which busines
has been transacted; amounting almost to denial OF
justice, and especially in chancery Itwas this evil so
apparent and CALLING, that made many OF the peopc
below the mountains vote for Convention. Like the
present House OF Delegates they did not look deep e.
nough into the subject TO the latent and real
the evil they would cure. III they had done this they
would have found that although the organization of the
Judiciary be detective, and that OF the Judges
may be lazy and have hitherto felt independent of
the people Of the Legislature; yet the fault is in the
Common Lac and rules OF proceeding, SC. derived
from it, by which your courts and jures governed
This is the true OF nearly all the just complaints
against our system.
Tue bill reported by the committee OF the nate il
understand tie publ he'd abstract Of l., only abo
l'hes the forms and mode Of proceedings in the courts
IL also destroys the distinction between ctmmoo
law and shancery courts, giving, very properly The
court jutsdicton in all matters of controversy
So Tar as the bi goes promises importast henci s.
But is desirable that much more than ibis should be
done. In every question TO be dscid,d b, a court or
jury, is necessary 10 the ends Of justice that the
plaintiffs demand BE briefly, but explicitly set forth;
and that the de eudaR's reply be equally concise and
explicit Ii cannot be important that any set forms
! should be pursued in either case. A PLATA conn on
sense stat meut ought to be preferred 10 a jarson Of
lechnicalte'. But every unnecessary delay aud ex.
pense ought to be prevented, by requiring the parties
to mature the Gauss promptly Ter Trial. Let that trial
be by jury in every case tina; can be properly submit
ted to ihem-sucb as cannot be 20 submitted, ought 10
receivs another direc lonand in thee respects the
suggestions Of tie committee correct. The parties
ought TO be compelled TO make their statements under
oah 10 every case. These afdavis will be taken by
the court end jury for what they worth; for an
int liigent jury and qualified court would make the
proper alto" ancss Tor bias, arising from selinteres
And, besides this il ought not to be forgotten that
there many men whose morality induces them 10
would no bel ipya In he
their just right. They prefer the claim under colour
oil tile and ii be awarded to them in the due
oil law, they take and enjoy without any eompunc-
tons OF conscience Strange contradiction! But such
Is the frail nature Of man.
word as 10 the character of the juries 10 which
would have conrOverted matters submitted.
Juies were FIRST instituted for The purpose of ascer.
tanning matters OF iact and of pure right man
and man: ard also, for weighing and judging the
dbiiy OF witnesses. IL was always intended that ju-
ries should be selected from the intelligent aud inde-
pendent part OF the peoplethat they should be COM
posed OF men 'good and uue-and, that the duties as
signed to them should be performed in sensible and
inde pendent manner. 1t was moreover, designed by
erection Of this safeguard OF the rights Of persons
and OF property that hey should decide according 10
the principles OF right and honesty-and be governed
by the dictates OF common sense. Hence in DAYS
long since gone by; tie trial by jury was regarded as
OF ihe great paaduns of liberty Up TO the pre-
sent time has been fashionable extoI aud boast Of
IL as such, both in Great Britain and America In lie
purity ii is still deserving the high eulogiums we hear
bestowed upon it. But, unfortunately in Virginia, IL
has dwndled down TO mere form. From the man.
ner in which our money .msking deputy sheTifs sum-
mon juTies, they seldom answer the ends for which
they were designed. appeal 10 the observation Of
every intel gent man for the truth tf the fact that
more than majority Of the juries that empannel-
led in our courts, composed in part, and
almost wholly, Of men who would not be trusted BY
their neiehbors in any matter OF imporance-who are
too worthless TO have any business OF the to
tend TO, and hang about public places, into what
is passing, and killing time 10 ideHess and dissipation
The law ought to require the county 10 make
out and record, once in two three years, list OF
such citizen, may be most nteilgen and best quail
fed to act cas- jurors. And ON this list Alone the
sheiih should be required to summons the sary
number AS TO the propreiy o! payifg the juGcrs, |
say nothing 1t is, however, worthy OF consideration
whether or not any honest man would hesitate to inc ur
the hazard oil paying the cost 'ha, woulJ be taxed
having his cause decided by nellige nj impartial and
honorable men. Ii the law required that 10 costs
should be taxed but real costs, The expense of The
jury wsnid be somewhat diminished But does il SAVIOR
OF injustice to make pay this additional penalty
tor Withholding from another his just rghts' Who
ever is in the wrong in all matters OF royersy,
ought 10 be made 10 pay all the expense OF compelling
him to do jus ice. Such a penalty might memes
prevent l,e a;iOn, and particularly with those who re-
gerd their purse more than their reputation for iDtegr
~ AID honor.
10 too many thing, we have been the serve copyiss
OF Eosland Blu; in nothing have carried this de-
grading serviy SO far as in our whole system Of ju-
rsprudence. In the organization OF courts and in
few statutory provisions, such the act Of descen
&C., and in some few edings in court, we have
stricken out under the guidance OF the genius and pa
tro'ism oil Jefferson, course for Ourselves but We
have adopted, at dash OF The pen, nearly the whole
OF her ehancery and common law practice. We have
been taught by our judges and the lawyers to believe
that the common laws "ihe perfection Of human Wis
dom"-When, in truth, il is but one sysema ic mass o
absutdity, contradiction, mystery, and chcanery. |
had It's origin in the most benis hted and barbarous
ages in the annals OF mankind. Ii ignorance and SUI
Persiiton we're its attendant genii in ancen! times,
they were supplaDied at more enlie hened era, by
THRIFT and cunning. The "iraud false hood ahsurdi v
pr nsioD aud deception" OF the system exposed
even in Ell gland, by OF her most talented men
and some OF her most lawyers among
the number But the influence OF the Bench and par
iicuafly OF the Bar, is pehats great in that coun-
try is in .,his. That influence Is welded most
Pwefiuly over popular prejudice; and is to be
levtled d. ans any who has the oldness TO pro-
pose reforms by which business aud fees are to be d.
nbished Touch but hair in this head OF fiction
AID my sihcatioE-and you the Legions who live
by he uncertainty and mystery CT this sacred Oracle
Poor Benthdm has been actually pTOsciibed-ana,ha-
nAiZed by tbs power o! these Legions, both IN Eng
land and Ills country. II is work is written in be-
wildered, metaphy steal style; very unlike The COM
mon law isrlL But i., nevertheless, read; and the
truths ii contains, will long, reach The understand
lug OF the public although dressed up in The buekram
OF aGeetaiicD. Mr.. Eusor, Sir S. Romy, Mr.. |
Broushar, Mr. Peel, MIR. Humphrey, Mr.. PaIkes |
ed out, 10 strong TERMS palpable absurGies
and frauds 10 the system. But they too, TO have
been afaii OF eDcountering the Tesisess iueDce et
the professions; for 1t 10 evident, that some Of them
spoke and wrote less than they knew of this Creian
Idbaryntb.
IL IL not remarkable, tha many ages should have
rolled around, during which the evils of The Enpli.b