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

chsneellors, and 1t would be found that there wouIt
be double the time devoted to charceIy business b,
the common law judge, than Is devoted BY the
chancellors. Dir q. SAID he had made an estimate o
the time occupied by the ebanc elors, which he be-
teved was arly correct, AMI follows in each
district. In the Richmond and Ly nc hburg distrct-a
Richmond Is weeks in the year
! Lynchburg T.
StaantoD District, S,auntol l6
wy,he c. II. s,
Lswisburg g.
winchester Distt Winchester l6
! Claiksburg 8,
Ere .ericksl urg d. Williamsburg g.
l. Fredericksburg l2- total 90; which
leaves Hsrencc OF lO0 weeks in favor OF the bro
posed system. IL the business could be done in SO
weeks by the ctaneeiiors, there was 10 good reason
why u could not tie done by the cult Judges i'm 2iO
But 1t was further objected by the gentleman from
Henrico, that the proposed plan would subject the ci
zens oil TINS commonwealth to the jurisdiction of one
hundred ana hve chancery Courts, instead of nine
Mr. u said this disparity of numbers was at first view
calculated to make strong impression but its force
was ost when the real state of the examined
ine nine courts now exercised jurisdiction over the
whole State Of Virginia. and the one hundred and five
courts would only do the same Their territorial iuris
cuon would be precisely the same s. the effect would
oe mat the business for the whole extent of TERRITORY
would be done at los places instead of g. Where the
parues reside in the county, the convenience will be
important; and where they OF the county, thew
would just as likely be called court in county
nearer as TO one further Off than the district court So
that respect, convenences and eniences would
DO balanced.
| nnsnI
SYSTEM that would tend to deerorae the bar and the
bench He had already anticipated and argued mi,
ooJecuon deemed unnecessary to repeat the ar
guments. He would however, notice one remarL q,
the gentleman from Henrico, which seemed IN have
made some Impression. That gentleman said that in
former times, during the existence of the old district
court system, the opinions of the Judges were much
more respected than they are now: and This efact s
attributed TO the present circuit court system Mr.
sad mat he believed the present Judges were in gene
rail- ADLER men than the old district Judges and tba,
the superior respect paid to the opinions of The Latter
grew out OF an entirely different cause The diff,
sion OF knowledge was more extensive now than
men. Now the humblest cottager would prapnle
with and contest the correctness of The S;fip
oil any man, either judicial or political Then The oni.
nIons OF Judges were regarded as almost oracularE
now Judges are viewed men; then as mora N,
men, Mr. G. said there was another reason for Tho
difference The present Judges lived among us were
our co'emporaries and exposed their fobes TO our dali
yo view, wnlie WIN regard to those who have gone
from among us the favorable side of the picture only
is presented to u.s. Those Who lived in former davs
hau an INFINITE advantage over those of the nre
seo rSets and biographers with the liveiiest
oucnes oil imagination and fancy had transmitted IN ne
characters oil ancient sages and orators and paced
them nigh on the pinnacle Of fame Thew lived with
Pos'ely' put our contemporaries lived with us and a.
..ong us and we could not bring ourselves TO think
mem as great as those Of ancient times. The saving
at "a prophet is not without honor, save in his own
country, was literally verified. He could not ac-
Couh. ior me rapid improvement now going on in
ne world IL the mind of man had de,eriorated But
such was not the fact The present moral condition r
man. was lar superior to his former state. The world
Is now MED with greater of every Dissertation
than existed at any former period He hadheard
as great and eloquent men, and he believed ere.
ei' man ot ero Demesthenes, or even own Hen.
y' Inc real cause then, why the opinions of judo
es were less venerated than in former DAVIS wac 70
DC found in the improved state of man. and the
aihusien OF knowledge. In relation the bar the law
yeIs Oh inherent counties would together ar tbe;r
uherent courthouses, and the spirit of rivalry
would animate them, under the present svsten, -
ana such would be the influence upon some mem
not 4
unnng an extravagant and diatory system merely n
anord stimulus to lawyers who would not be slim
,a'eu py natural industry The evil would only extend
indolent lawyers, for industrious LAWYERS ,oniJ
figure any where "ouu
1t bas been urged, with great force, by the gentle.
man from Henrico, that the adoption of The nrooJ
Pian would prevent a change of circuits NV ,be IrS.
which was absolutely necessary--because the Cbsn
ceieIs must be stationary. twas possible said ,ba,
LOT chancellor to look through all the pa
pers OF cause at every term.-The proce edngs be-
ng gradual, Chancellor would see from his no,ss On
the papers, what had been done at previous and
understand exactly the state of the case but ~
Chancellor would not understand the note of The nrsS
ing Chancellor, and would be necessarily compeed n
examine the whole case again.-The gentIemao
useu ss reason why change OF circuits nece.-
sary' that Judge located in particular district aeon
sscer'aned the capacity of every lawyer at bis bar
ana gave preferences which were olous and that ,be
Of the bar soon measured the length OF the
Judges understanding, and accordingly pectrd h;s
opinions or not-Mr G. said, that these were diff
cuites but not so mpre enable as the gentlemen fer
'eo seemeu 10 imagine. He agreed with the
sehneman entirely that the ChancelIors sbou Id he o.
ca'ed 10 particular circuit, for the reasons hicb he
assigned but the reasons for change of circuits
not suhcenty strong to balance the great advan
'ages TO be derived from the proposed scheme in
resPects.-Evis would be found in every svs,em and
they could never be remedied, until man became mar
IIeet.-lhe evils OF which the gentleman spoke Jepend
Gu always upon the temper Of the Judges bar When
ever the Judges were captous & l-tempered
evils would exist but now to great extent with JIuoas
oil different temper. This evil existed in all our Con.,
4 mot h.
growing out Of the imperfe ctisns of the tvstsrn
mere was remedy-the most efficient which
human wisdom could devise the Court of Anna IL
"here all errors might be corrected
| IL mad been urged, with much force and in
genuity' by the gentleman from Fredetick. TIA,
,ne delays OF the present system would be
by ne dlfhculty OF getting process execu,ed-Tbai
no" was executed by the Marshals and with ibe m
mere was some difficulty and delay but This would
be aggravated by the proposed plan, as parties ou
De compelled to rely upon the Sheriff. for the exrcu
non OF their process Mr.. G. said il Il, coujd he ,bs
the oeiays In the execution Of process would bs ;n
creased by increasing the number of officers 1bo
were 10 execute IL, IL would certainly he soSuia,
result IL had been urged, that the proposed pIan woul
divide the fees OF The Marshals & r, boss
iees were no" not more than adequate TO their com
! iUor DIS would be an irresistible argument
u the Courts were to be organized en,irsIv r.,
the benefit Of these officers but il was no aron, =;
reference to the gres, body of the people, They ware
not 10 De ourdeDed Tor the benefit Of officers
Anotner and last argument urged as an bsrtion n
he proposed plan, which be would notice was ur.sJ
| ny the gentleman from Henrioo. He said. a.,
subordinate courts must be arranged in
10 th'if connection with the other courts and ,ba, a.
proposed scheme would greatly tend 10 ncrs.ss III
al IL Al.