Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-15

I
me Office ion' which We hear, have been over
r"'ed heretofore, in the ,.siv, change. of our
Com non Law am Chanc-ry Courtf.
The views of those who advocate thi. me as,r~ have
not been understood. The gentleman from Usnrico
has mi'conceived hen in very essential pariiou
lars had desired that the com ni,tee sboud repor,
bill on his subject which would have tn
enire scheme in ALI its details. was overrul.i how
ever. by the better judgments of olhsrs sud /. wa,
Determined TO report the mere ab,ract princip,s in
those resolutions. mIst be ohviou', that tn aga
lnents Of gentlemen could have bee more sasfAsto-
rily answered by the provisions Of b than by mere
Hypothetical reasoning These argunen,shlvs been
directed inst the practicability If this mea.ur. in
its lie those details not, and from the
nature OF things, canno, he known.
The gentleman from Henrico supposes (and the
suppos ton has rested much OF his argumsnt) that the
circut'. under the plan propose!, will be extensive
az tn ~ nov are-rd hat the Judge will be required
10 .xorc Sc Cnancery AMI Common Law jurisdiction,
indiserin,oately at the same term OF his court Ia
both particulars he is mistaksn-snd resre, that The
contemplated plan had not been fully explained
by its friends in comniitee IA .sti.hed gentlemen
would have been saved the necessity OF laying much
which has been said on the subject When the gsntle-
mau from Hsnrco comes lhs plan la IT. dstas.
hope that mauy OF the o. jeconJ witch he has urged
will BE- found no, to apply. Sir what IN. system which
IL propo.e! Since the adoption by this Hou'e Of the
snendneot, which carries Circuit Court to each
County sni Corporation, where Circuit Court is
held il will be Necessary to provide for one hundred
and seoei Circuit Courts in the whole C,mmonwea h.
10 we suppose that ftcenty Circuit Judges shall be
commissiI ned sul arranged among miny Circuits
"
rition to each Circuit. This viii be the case, ii we
suppose that the territory, wealb population aod bu
Of the counties Is equal require the
portion of time do The busu each an that the
same number can be Assigned 20 cash Circuit. But,
this will no. be The When W. regard tn. teI ri
tofial exten tn. population aud wealth OF the
ties. il il obvious, thar mu h less inns vi D,
ny to enable Judge 70 d, he business OF couR
ties IN an OF othe-sin the Tiit-Waer District OF The
State, for example, whre the c. unes are smaller,
aud tn .ir pcpusi) Is ess thu In the Interior
lsss Tina he IN hu of
What the oonsdsrg ons 10 be reg .rd-d in trrans
ing your Circuits The number OF people, and the d.
mount of wealth, which may be embrace in given
ajing due gard to tho territorial extent of the
counties, a, tending to increase diminish The facility
OF doing the business. Tnese are the causes VIII en-
give rise the business of your coursor the ri hts
of persons aud OF property, will embrace Ill ths sub
jscs 81 jurisdict on Take, then, given number Of
people, and given amount OF wealth, in any part Of
the Safe, and regarding The riioria cOnveniences
inco,veniences and you have the rule, which can be
applied thong hjut.-GiVs t. this Circuit Judge
and TO The same number of persons, and the came
wealth el.ewher., give another Thus, Sir, have all
CT cults an { Ditcts b-en arranged What diff
cult embarrass this subject now, which have not
e-.n obvia,e time after time, in the former Judicial
divi.ions of the State Wnen YOU assign Ju!ge to
Common Law Circuit, or to a Chancery Ditrs,, do
you gard hs probable amount of business VIII h
will require his attention. aud tho di cuitiss he
coun-r in attending 10 it, and do you not enlarge
narrow the Circuit or ths District a .co dtntjy! We
have then, tn data which viii! rnabe t. estimhe
vi h all Necessary accuracy, the inns which will be
required TO hold each Court Inc gentleman from
,nrics says that cannot add day hour
the calendar year-bui, Sir, l aFpreheLd add
one day six days--one W eek six weeks to the
t.rn OF Any Court of the )nmorw ealth Ii we cam
not con,roui the revolutions of The earth regulate
the lish OF time, apportion the days, weeks
months OF the year, as TO allow time Tor each Court TO
10 the business Of the County where IL may be heli
The gsnlsma from HenricO has admitted, thai there
is iucompatib lily ia the Common Law ADD Ch,nce-
ry Jurisdictions. which prevent the mn fr
coup; ehendng aud administering both. We have nu-
han M tha
pat bliy OF the two subjects, but the hrmony aud IA
ciliiy with which they understood ssd al Minister
ed They equally claim tho attention aud study of
every practising L,wy-r-they are administer in las
cfiminatsy in every County Court, in tue Supre
Court Of Appeals AMI ia the Federal Courts. Your
ia gss are ed cr all 'hs Courts ni
from thu bar OF the Common Law or The Oh ,ncery
Tribunals. d. we hear OF evils or nconv .niences a.
rising heDce' Ii t,sre is any necessity for adDinis-
tering these jurisjctos separately, why not carry
out the pincpe, and establish distinct Courts vi APP
peal49 Sir there is no incompaibiily, az was frank
coscede bY the gentleman from II ;nrico, whose sx-
peti.nc and eminence in his profession, ens his
pinions the high ST consiIeraiio We have been
told by tiat gentleman, that the question is. VIII sther
the Judges will have tim TO do the business undsS tn
p!an?-Let compare il in this particular with the
istng system. We havs now nine Chdncery DIstucr
Courts 10 the Sat-, aud lour Chanc-llJrs-We have 10
Cenmon Law judges aud as many Circu-. Each
Chancellor, average, does the business OF foen
tvsir counties, and each Circuit dgs thdt OF
counties. Now, If a Chancellor is competent TO do
the business OF twentysix counes. or C1Bin) IN Law
Judg- 10 do that of seven, aaI in nsances At Id
countiss, cannot Judge do ths busness at Law y
10 Chancery OF some fur i've counissi Sir, tIis
is To question. For he purpos OF lu-t'aion allow
suppos that in the arfag ment OF tn C cnits
you assign SEVEN eight, or even ten is- III
the Tide-W atei division OF lae ate, to one Circuit
that in the Trans Allie shany DIVISION where the
ties larger AMI b. ksn, you assign hive coun.
ties to C!rcuithit in the IN dIl3 division, between
Tide Water aud the Allegheny you assign an average
OF tour coun les to Aul by this rule, think
With twenty Judges, tbs sy-tam eau b. effected. Now
let us bow il would OF rate in that PORTION Of tn
State from which com, and with WA ch am, OF
cour.e better acqua nted. LIST ~ suppose that the
four conntie' OF Aibsm1rIs, FIuvanna Louisa aud
angs (sh ch would probably -etvs az fair standard
in point of territory, wealth anil population among the
mid llo couniss) shall compo'e on Circuits; VIII
there be much inconv enience or diifcIiy 10 tho
admnisr Of JUSTICE n such CT cult, a. there is
either e the prss-nt Chaoeery Dis'rc's Sir, the
present system is, 20 all practical intent adi Pufp 'es,
| 4 Circuit system Let u not, then, be deceived by
m.re n4mss. The Jsdge OF the Stiunion DiHrlcl -
II es in BDtsoufi, AL hOt@ ms terms 4em -AdbnsHy
a. Wythe Courthouse, l. ws1urS, aDl SiddnOn. SiP
o,se th AZ dnrnS h. term at Wythe, cfss occurs
such az gentlemen have described, presenting Volu-
m nous cord, and Involving numerous, enbaratsing
questions Oi law an fart OIe Or tWJ weeks NAY b.
CON sunsd ~ lts exan'nitO1 and stguner ~ Court,
(,nJ surely, mo lin would be required by
most iuterminahe Speakers, even with all the nce
live. alluded to by the g.oilem,n from Oranss) and
the Judge {. unabe TO dscie during tbs term. What
follogs9 WAY. he mus eth take the record tn
him [, his term at Lswsburs;hsacs TO bic term A.
Stsrnton-(each folJwing ia immsdNe successJu) -
or II IN record IL ponderous, that IN Judge cannot
transport il in hes pocket saddlebags, he mn' EN-
oloy 4gon and team, AMI send directly hi' resi-