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

class any Take, for instance, the counties Of
Loudouo, Fauquier, Prince Viii ian, aud Fairfax,
which have this floor seven representatives for
district, aud that wcud be fully The .hare for any
one Judge: for upon tina, proportion We should have
lao preventative, and we have actuSlly only f21-
Aud who will pretend 10 cay that one active Judge
could dispose oil every suit In thoe cpuatesl He
did not pretend to cay that he wished those counties
put ether, under the proposed arrange'1snt: he
ook,, that case merely by way OF illustration. But
the gentleman from Henrieo TO ihnk hat under
the proposed plan, that whenever court il held, tho
Judge is to be engaged in the alternate rial Of law and
equity cases, and builds strong argument L. om the
confusion that would ensue--ihe difficulty that the
bar would labor under, in the preparation aud under
standing OF the Cbanceiy records. under such ercum
stances He felt. himself the full force of the objec-
ton to an smalgamaon upon ruch principles, and was
advocate Tor it, had that the friends
OF the plan generally, were for such system. They
aud the place, be at different percdv, that
the suffers at Common Law would know wheo TO at
tend with their wi AID the suitors in Chsncery
would know when tn y could be hsard. The gentle
from Henrico however, conteDds that proper
Commissioners could not be procured ha county
plan, aud that efficient officers OF that description. are
as necessary as Chanceors. Their importance Is
re ady admitted. But why cannot such be procured
under the propos- system. well the exising'
one! We have Commissioners now in almost every
county, and ii the suggestion OF the member from
Hsnrico should be adopted OF having saaried officer,
for certain district OF county, 1t would be easy
under the county plan the other, TO do Let that
Commissioner take, for instance, Judges district, and
equire him to go occisionay from county county,
to take testimony, and make all necessary notes, to
enble him TO compile home his accounts. To this
plan he insuperable difficulties. II easier
TO Ike that officer 20 TO the people, Than TO make the
people 90 10 him. IL is however, urgei that COM
mon Law system is deiective-,kat must have
Judges ride the circuit guard az Inst sickness
aud other casualies, aud that minds could not be
brou lat to bear with l.ci upon Chincery cause.
Concede it you please, the latter objects2 IL does not
follow that the hcs il well founded Our present Cir
cult Courts have been in operation for years. in this
Commouw eah, aud as far as he could ascertain, the
people pleased with Its ope ration, except in cir
cults where tie Judge is worn Out with age infrm-
1 a. Eua roxyis,y n ottch mill b..
ed under the Constitution. The vote of two-ihrds
will be sovereign panecea.
But If remedy Is required, does II follow that We
must have two Judges Tor every district Tbe ex-
pense would be enormous Ii the evil must 10
died, would not ths appointment OF two additional
Judges IN the State afford sufficient remedy Locate
in the Western and one in the Eastern part of the
ate. that could be convenient in the event of
| sudden call growing out Of any ca.ualty He did
not tina, this OF that Judge should be called a
superpumsrary: that distinction might be oiious, and
for OF practice, the Judge might becope rusty;
but long all remain well, let them charge and
change about, so as TO relieve each other Mr.. G.
said he did not intend to propose this PLAN but only
sugses, itasa cheaper and better than have
two Judges for every circuit. The gentleman f. ON
Henrico ssy' that, under the old district system, al
hOugh the Judges were neither ADLER better men
than the Judges OF the present general court yet their
decisions were more respected. That may be so, aud
doubtless is but was IL not ring in measure to the
pomp OF office! The Judges were more of strangers
TO The people, they were not monty seen, aud a
kind OF encirsed their Characters In olden
tines, in Catholic countries the very ceremonies of the
Plests.i
that is unknown now 10 our republican ministers. Yet
he had heard that the-reiigion Of those times
purer and better than now. Mr.. Speaker, If the
possibility oil Judges failing to attend, from ndispo-
snion Is an obj .ctcn the PROPOSED Chancery PLAN
do gentlemen that IT 10 as strong objection
the present district SYSTEM Cannot Chencellers be-
come sick? Have they the power, in addition DINER
ur dictoD, to enjon the progress OF disease in tha
land or to exempt themselves from it's inhuences
They must be sick and such Ddisposon would
sasnate the streams OF justice, as well that of
circuit Ju ige-nay, on larger scale, they have
more counties to aItebdo Bat is urged that the
new plan would impair the talents OF the bar. How
il is to eff ct that he at loss perceive. The
effect may be break down that aristocracy of
which gathers around the courts in the larger town;
but in doT,s So il would send light in the coun~
ties. Garry the courts into ca ch cohnty, and many
would be engaged n Chancsry suits, that never would
attend the district courts; Knowledge would be thus
dfu ell that canuot be impaired Under the existing
system. The operation would be like that Of our
statute OF decents, which breaks down arisiccratc
estates but destroys wealth; divides that pos
ed by few among many, and il might be well to
ask IL 10 Republican Government Ike this cf ,srs
where all act if Il 10 not be ter that III igbf of tb
the bar shoud be thu divided! IL has been urged
that, should the report Of the committee be adopted
and carried out into la IS that the Court of Appeals
would be 80 clogged with business hat il could not
keep " down. ewing him self that he decision of
Judge, in the counties, would be correct as in hs
towns, h. could no, perceive why appeals should null
tiply. He was persuaded that, IL the law repeal.
ed, giving preference TO interlocutory decrees and
eonin.ng the tention Of the court TO matters of law
and not facts, that would keep I'D with the bus
time He had learned from those who h ad every on.
por unity know, that tho effect OF the preferences
givs 5y law 10 inierlocutory decrees was TO make
that court Of original jufisdie lion.
Salts broug ht in Chancery and fastened on to an
INTERMEDIARY ssge expressly to bring then the
Cour OF Appeals and nstru ctons to the
how proceed. Tho is that in all import.
ant the Court OF de rner has TO de eide n the
6st instance, how Chanceors ght proceed. IL is
this that choaks the business OF that Court almost 10
AS to the prof submitted by the mem
from Henrico, to the friends Of REFORM himself
he could not say ii ptable He looked upon il
only palliative, hardly calculated 10 mgae the
disease Upon tho plan thss proposed, not suit in
y could be tried in the countless az IL would rarely
be found that all the parties to Chancery suit would
reside in the same county aud such as were disposed
Of must he under the dadysnages go focibIy depot-
ed by the member from Henrico, OF going from Cham
Gerry to Common Law, and vtce UeTSn, The number
OF suits would be too few to usuytbe expense OF SEMI
ing around Chancellor 10 dispose OF them. And the
whole expense aud evil Of the present district plan
! would be en,sied upon 80 10 every view he could
the report OF the Committee should be sustainsd--
| whether we regard the convenience Of the people,
sconorny or the spach OF business, the proposed
change should be effected.
! REMARKs OF MR, MAcFARLAND Of PefersouTg'
Mr.. Maclarland commenced by observing, thst 'he
resolution contemplated wide aud radical departure
from the existing system and that ought nor 70 De scs
eeded to- until IL was sbcwn furnish the best remedy
yhich vas ataioab BILE for the evils complained Of The
md DELAYS which had been adverted TO, ind
,sd lie necessity Of reform; but furnished argu-
nsn in favor Of the proposed measure unless would