Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-19

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speedily periormed In proportion TO the number OF la
| oorerS employed The second advantage which the
proposed system claimed over the present, was, that il
"ou'u auu 10 the convenience OF the people. Their
business would be done at their own court houses-they
would be enabled frequently their counsel, and
press inc preparation OF their causes for tria-an adj
s"'age wnich was now denied, except TO the people
sainS IN the counties where the courts held. He
meant no reflection, when he said that il
occasionally to jog the memory ofcounse They were
out men, and would sometimes escape the me mo
r'es oil the best and most attentive men, when the,
were crowded with large mass of business and bs
neglected. This difficulty would be avoided by the con
venieace Of counselSo the clients. They would MOI
forget their own cases, fail to keep alive the me
ry oil counsel Ihe distribution OF the present chance
court INTO nine districts wa, the result of the ncon
venences to which he had REFERRED and was intended
to remedy them. This the gentleman from Henrice
had denied He said, that the present distribution wa
only intended to divide the labors of the court nv in
ees'hg the number OF Judges enable them to do the
ousiness-Mr. c. dsliked any occasion to call into
question the accuracy of the gentleman's historical
',n emen's as they were so generally correct But
upon TINS occasion he must be permitted with due de.
esnce, 10 d,iier from him. Ii the only object
oVae he abors OF the court by increasing the number
o me Judges, there being but four Judges, four dis
uioos ony would have been necessary. But find
hat the state, by repeated eDactments Of the legisa-
lure, has been divided into nine districts and the abors
Oh tne iour Judges extended into them The economy
o ''ne and money which would be effected by liti-
gan's attending their courts instead of travelling
distant courts, toe manifest be argued-Ths eff
lect was more striking when referred the attendance
|
attendance was necessary; and the expense and ncon-
venience OF attending of these officers for several
days together, to settle tigated case Of account So
peculiarly belonging to equity jursdction,-as the
were Told by the gentleman from Henrico-must strike
every member Of the House with peculiar force A
uro advantage which the proposed system would have
over oe present-was its tendency TO introduce more
extensively uivd roce testimony According TO the pre
sent system OF examination by deposition, dsreputa-
e witness obtained credit to great extent as the
most reputable: and the means of detecting fsebood
were frequently lost. Every one who had practs.d
law or observed the examination Of witnesses knew
,at me witness himself frequently afforded the most
unerrhg test oil the credit which should be given TO hi,
testimony. His countenance his FEELINGS his manner
and the interest which he manifested afforded strong
evidences oil the truth alsehood of his statements
hese indexes could not often be upon the face of
ueposihons They are written with too much caution
Inc present deposition system was introduced ON ac
COUNT oil the distance OF the from the suitors al
c ume OF us introduction, there being but one chan
Gerry court for the whee State. fourth ADVANTAGE
wmch- gave TO the proposed system decided prefer
ence, was us tendency 10 enlarge the sphere of urv
uiais, and expedite the trial of chancery issues That
the distance of suors and witnesses from The
courts has prevented the trial of many cases bv nrv
where they would otherwise have been had is known
W every one. The value OF the trial by iury of dis
pued iacts, had been felt and "a absolute
necessary TO the preservation of liberty: and every
system which curtaed the sphere of this trial assaiIed
'he foundation oil our political institutions A iurv
was always the safest tribunal for weighing The cSe
oity oil estimonyand it should be resorted 70 unon
al. occasions where there were disputed facts In re-
- pIr al
would be great According to the present system the
trial oil the issue was generally directed TO some sumo
rior court oil law-the delays in which, he had before
adverted to. Under the proposed system The lid
would order the trial his own bar II would no 90
quoted under his inspection and in most cases tho
sses oeng IN the county, the trial would be had
Immediately on ordering the issue, and some eighteen
months or two years of time saved 10 the partie Her.
however, they were met by an objection of the intei
gent gentleman from Frederick, in which he described
"Janus-faced" Judge as chancellor direct;n, ,ba
trial oil an issue before himself as common law ;e
Mr. u SAID he had not before learned that the trial Of
an issue out oil chancery, must necessarily be had be-
.ore common law Judge. They were now had before
me common law Judges because they held their courts
IN each county, and were convenient 10 the mar
ues but the chancellor could try an issue at his
own oar ana IL the new system prevailed thew could
always be tried before the Judges as chancelors he
cause me inconvenience of the present district system
wouid be removed The advantage of this speed in the
n'a OF questions OF "dersdpit ueI nVn'' was too oh
Vous 10 be questioned. fifth advantage which this
system would have the present. was that IL would
make better Judges and better lawyers 1t would make
better Judges because it would increase their Iabors.
anu MT u was one OF those who thought that the
greatest perfection which could be acquired in anv
OF arr, was the reduction of its principles to con-
slant pracuce "Practice makes perfect" This sye
tenn would reduce equity and law iurisprudence N
Pracuce by the Judges, and perfect them in both Adj
Ieu 70 ms me court of appeals exercised both iurs
uicuons' and the Judges of that court beinq usually
taken from the general court bench they would then
be better qualified to decide questions of eouv when
transferred to that court 1t will make better LAWYERS
husi-
ness involving important legal questions now confined
10 aiew will be more generally distributed among the
profession, and engage their exerons extend Their 70
searches and stimulate their ambition
ne would take this occa,on TO return b;s sincera
'hanRs 10 the gentleman fcom Henrco for the soIci
uue ne ad manifested for the cultivation Of the rising
.a'ent OF The State, and the admoniion which he gave
10 me young members Of the protest. to otrim ,hs
midnight lamp" He hoped the sdmonilion would b
needed aud turned to profit He could not however
agree WIN the gentleman that nothing but The
oil oread would stimulate any man 10 encounter The
uruugefy oil chancery practice There was stimulns
more general 10 ts opsra,'on-itw was cash We fro
quehuy md men rolling in wealth, from the mara
oVe OF money, enconn'eing the severest dru6geris,
OF me profession. The want OF bread could moi GER
ainly he said TO stimulate them when thev had - IL
abundance. sixth advantage would b. found in ar
rosiog the farther encroacbment of the cbsneerv nm
Oh 'ne law courts judge holding both iurisdic,op,
"ouu feel no indscemeDt TO increase one mart NJ ne
power al the expense Of another. seventh and lac,
advantage necessary to be noticed was that The nro
Poseu system would have the desired eff r, M
smoog .ne people moro extensive knowledge of ,bs
chancery court Its practice, Its decisons and a., a.
erssions' being more generally dissed win draw ,h
suenuon OF Iirger number OF our our ellow.ei
whereby they will examine and understand The ons,,
uens OF ms hitherto mysteri0us'system II vsIn,hIa
hey WIN sustain u: " not, they will abolish n Ru
VI s' casesih VIII act upon their own kpoyledge
and no, upon the faith Of 9th ers-ihey will learn ai.o
mat judges although shrouded in ermiDe are but ns
knomieoge necessary to be acquired in a re-
phil nj, nc nau heard the gentleman from Henri.
co Illustrate, In another place with-i,rsat r,rca L
soquence, the moral adv 4Dta yes Of our pre.sn, co.,
IV court system, IN collecting the peopIs ,oos,ha,
monthly, where they derived most of their noIi,issI
formations; and he had doubt the di,trbuiion n, o
courts 10 each county would greatly add to thes,