Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-08
For THE ENQUIRER.
TO the Legislature Of pIrginia:
Gooch land, Jan. 81.


GENTLEMEN: The members of the Ho,s. ., n y,
gates are SO wearied with the discussion now goin IN
VI na' oody on the subject of the Judiciary tb,t The
oe't speakers in the House, MR. L. ALWAYS ercan,d
cannot command alien ton, excep, from tba ~, s.
,ors OF Richmond 10 this dill NINA I wand adyisa
Tue inferior speakers like myself resort to the
rapo's' Ine would be economised, and thsir aH J.,
sitn' would, perhaps, and greater a,tenGo,
least they would be heard from at homeland Gor hon,
eon,u'npuen many of these manufactured articles are
oouo"ess fabricated. am, gentlemen one If In. -, :,
Ior'y, which circumstances is of itself etro, -,
ment IN my favor, and will doubtless induce ras -,
.pc'ne ready ear am one of those, who beIie Va
'"e people generally are dissaii-6sd with the nre
sent Chancery system, To de sire its extirn,ti
'ha' they understand its modis operdrid and feel
serves competent 10 tue task OF correcting is ahu.s
ou precisely "a word which always brings 10 NV mind
certain great and good man because tbev cooo;t
the whole system defective and ubiquitous in i;s once
uon, and themselves incompetent TO the amendran,
80 "o'o . aye uers are out Tour Cbancel ors " no
administer equity 10 people ubo 60 wv
quained with these Judges, and can, Therefore on,v
nave their confidence elected by the apparent ;,e a
oil the proceedings aud decisions OF the courts
however mas PEI the current of de- ci.ions az % in
reference to those matters Gu which the final ad;s
'nen' OF 'ne cause depends, a. those of minor imn,,
WIN 'hsir proceedings, and the officers
VI 'tF courts mat so lar from emf VIM the con
nnence oil the people, no will 90 in o Conr, =,
q"'y eAceP' on cOnpuision and is considered the
mos setiou' eviI to be dragged into Chancery Com
P'"s nave ior many years past been cons antly ur,
ed against the courts and their officers and ed,ri
Seeu ""ae 10 remedy The evils complained Of; but the
"'N""7 VI we eblNlhk system have ufad
s1VeS "'n some trIfIng changes which have produr
ed no good effect. II the expense-ths deIav~,h
crying injustice oil our present Chancery Courts are
n Dse Ploe OF amen 'm'nt, Why have the correc
yves Tong since been applied The peooIe no,0 In
majesty oil their power9say, We will W ait M
we VIII establish courts which shall act under onr ovr
sie"-we VIII become acquainted with their proceed
nsS as we are with those in our courts of Gamma,
Law, and we shall then be able TO discsrn The a. 60
anu apply me remediss We will no longer reIv On
% sIeal Cnaoeefy Liwyers TO put 10 rights tits old
y p,yIii mill; IA,
which, having been built with our own hand ,s
shai' understaTd the structure ef and keeoin IL IL; 49,
WPw' we snail be able to observe lis imperfection.
we nave witnessed with I'm the grsdoa ercroa.L
mems on the common Law Courts and by giving il,
isuicuon oil both kinds TO the same Judges and ,bev
ofinE now the Judges Of the Common Law Courts
we may cbsck the progress Of encruacbmypl We do
no. IKE TO see our rights torn from ne bv a dis,sn,
chancellor, on the evidences of some eouivocaUnn
sceHndFtI, who would not be believed by hi. n.iyh
DOT OUT Whoe deposition be write on, f,i,I
az that OF the best mao in the community W. a,s a1
urely aVerse 70 written evidence when the witness
can DC procured. We desire to learn how and
u "hat exent we way with safety get rid Of bs moor
substitute Tor the Witness aud take the ,oi,nsss H.
"H-And tn We cannot do, until we acquire soms
kno"ltdSe OF the mysteries Of equity an have our
Chsncellots rssponsibe, Ike tn Judges oi the Co,,
Law C"urs. But to all THE, the reply il cops,aotlv
msde' shsw that your scheme viii remedy ths
ey'ls attending the prssen. Cbancery system SIM
@ IohP'S'peo OIL belisve, are without remedy
aod 70 Hose That admit Of remedy, am not dssossd 10
insist That the new plan will prove specific but n, T.
oeh.ved that some evils may be Iessens4 II not cured
ny the proposed system, and II will place the opsraton
o. tne ChanceTy Courts immediately before the ey-s
Of me people, and seeing, they will be better able a,
a'certaio the justice OF their complaints and If we'll
founded, 10 remove them. But will attempt in con.
'ofmI'y 70 The wishes Of those who oppose the ne,s
Pan TO point out the mischies Of the old courts
compare them in eandor, with what may be anticipated
rom The operations Of the new courts.
lat Difficulty attending service Of process, and N.
expense and delay resulting from n. Whenever the
parties reside at great distance from each other tbi
uuneui must exist. The remedy | would propo.s
YOU'D aEpy 10 one or the other system-io Marshal.
y, onerb'. The fee OF The Marshal IL IL tr,ie IL nan.
,y thres times that allowed to he Sheriff for lint
tetv,ce, and by giving the duly OF serving the oeo
70 zoe sheriff., We should wotbirds Of ,hs
"''sna' sees BUttbe expense results chiefly from