Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-03

naPPuy exists against all tho Judges la the Common
stroy all the energy to which judicial decision j, emf,
lied, without which. their decisions are dead letter
without which, its rghiul exercise cannot be enforced
Upon what this rests n Ia diff
to imagine That we should be SO unlucky as to have
lew Judges who have soiled the judicial ermne is no
wonderful. That discontsnts should arise under m,
administration oil such one Is quite natural n,
that this feeling should be extended to all the courts
~ least to all the Judges in the Commonwealth
IS Indeed surprising. The courts OF Justice i'm re
Puohean go ernment, arc by far the most impor
tant branch OF the government. They have charge O
he most delicate relations OF society. They are inten
ueu 10 protect the virtuous from the vicous-the we
from the strong; 10 be shield to the person. the char
acter and property Of every individual in the commune
iney have no power to do this, il they not sus
famed by the force OF public opinion. Ii the public
opinion Is excited against them their decisions become
impotent They have neither the purss nor the sword
ENFORCE their DEGREES. They neither have the Fri.
uhph Of conquest, the pomp and parade of office NOR
the weight OF patronage TO sustain them The whole
energy OF their decisions consists in the of the
Jaw, which they expound and Declare and the willing
submission oil the community, upon whom their de csons
.e'i nc moment that community withdraw from them
Their support their decisions void Their judgments
cannot be executed. They remain a perfect cypher,
hnPotent and valueless Let US guard their now ers
remove all temptations 10 abuse. hut this done will
puoiic camor so tramme TO stine the voice OF Jus
uce. Wii they suppress the expression of their own
declared VIII Will they annui the rules prescribed by
their o" representatives, chosen by themselves and
their acts sanctioned by them! II they do then we shall
DC truly IN state OF anarchy. Then the blessings of
Tee government will be lost. All the blessings of ri.
Vked society are gone forever. The people of yir-
gina should not, they will not counte such an
aeavour TO bring their courts of justice into contempt
"hether they are the needless and unthinking who
know not what they do or the designing demagoyues
who hope to profit by confusion.
win nov prJc cd state ,hs pioc pie and Some Of
the details OF tn, bill, passrd by the House OF DsIe-
gates, point out Its op.raisns as designed ty II, sun
porter, and trace us 60. quences. 1 viii, a., D.
make like statement and Ike observa'ivLs upo the
S.V,a f-bl nlan e..
will eater into comparison Of The twv schemes-i
will set ,ber lea urea in ccn 81, and examine them
face 10 face.
The bill which passed the House OF DELEGATES bv :.
large m ry divides he ate lit, twelve CT cult,
Ia provides Tor 'he appoin, IN mt OF IL Common La.
Judge, aud the same uumbsr of Chance lors The ~
Chance iofs are required t. reside In the Crccit in
which they ere 10 p,esid.-apd theie duties are con-
fined TO that Circuit. The Common Law Judges on ,h.
o'her hand may RS de 10 any part Of tn Sta These
lat are to be judges o. the Gsnera Court aud are re-
CURED to hold two terms Of that Court PER asLun AT
the Summer term OF the G: uer~l Cour', the Judges
cha set spa't by lot or ohsrw oay SUIT taeit
convenience, Common Law Judge, to hold Court In
each Circuit, wih In aid OF the Chanee llor of such
Circuit during the next fall And at the al ts,m nj
the General Court, the JLdges shall, like manner
set apart Judge 10 hold Spring tstm 10 each Circu,
taking care tina, the Judge shall 20 two successive
terms in the same Circuit, Iu all o;ber r.,pec,. ihe
all, tment shall be directed by their iii and
no ds IN such manner as may suit the convenience Of
the Judges.
The Common Lew udges specially charged with
the Common Law tuiaess, civil: al d criminal; aud 10
discharge Chahcesy business, when the Cbanc. | or
eaono, a.tent. Tac Chancsor is TO perform the TO
lowing duties: He Is sprci lily charged with III
Chancery business OF his Circuit For the discharge
of which, he Is iequ ed 10 attend al the Cour bouse
each county la the Safe, at the time at which IN,
Common Law CSUr, Is held. He is 10 con niue until
the Chancety bu'iness is 6uished HIS Court is to be
held separate aud distinct from III Common Law
CourI-sl the same hours or at cf.ten hours as NAV
bes: snit he COW nieucs Of tn. B nch and Bar Tbt
two Jitgss may sir the same frent hours OF she
y. MI nj and,
Court In the came or 10 df rant room. eau e, NAV
BE shhsy e.alsstst lps efay or By wiling He may
discretion OF the Judges When poin;s OF diff ul'y
a,i,e in any Cause, in the Common Law Court, he
Judge may ask he advice and aid OF tn, Chane=I or.
He may eihessak hun 10 cit in the Cause and h. ar he
agumeos Urged aud testimony given, or he may sub
mi, the 10 him, alter II IS gone through al bar, ami
take his opinion ihereupoc. Tue Chancs or, on his
part has the right and il made hs duly, call upon
the C.mmoD Law Judge. in like manner, when the
character oil the case uoder consderauon requires II
Toe Chancellor is inveslel with the pOwsr, aud cha
ed with the duty, II doing all the vacation business OF
both Cou',s-snd so oil the Common Law Judge the
name being changed. The powers Of granting irjule
lions, wIs OF ne ereat instructions to Commsi ners,
awarding wrs Of supersededs aud of error, to be
exercised by bota This jurisdiction Is uGlined 10 its
charaster-It exterds thr GU IL hou, the Safe.
We will now look a, the features OF the oneJ adge
scheme. Ii proposes 10 divide the S ate into 20 Cir
quite was heretofore done into fifteen To appoint
Judge for each Circuit, to reside In the Circuit,
whose duy IL shaiibe 10 administer the Common and
Chancs;y Law, at each Courthouse in his Circut-To
keep the Common Law aud Chancrry entirely seia.
rate and TO take up III, two docke alternately, in
'ush other manner as he may ,hirk bes'. And the
Judges appouied IN jointly Of them, 10 hold two
| ,erms Of the General Cour, in each year
Butt further provides, TIA, two OF tie Circuits
should form district and that the Judge 10 one Cir
cult should be compelled to hold Court in h sister
Circuit, in The OF ts Judge of tina, Circuit being
prevented by any cause from d ing
Having tau, stated the provisions Of III two bills, j
sh ALL al future time make eompa ion OF the two,
and attempt poin, GU, the adven ages and dsalvan.
faU nj earh md l. haat r,ir atat
TO the misch efs and sHsTd he relief sired.
A SPECTATOR.