Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-08

very interest may blind them to the future on.r,,in
OF sysem in which the whole Safe has deep int.
res. Np '"'e
This has not been the course of IeeisIaon
and he.e tnnoudfons, LIN these days OF are
wen calculated to alarm tho,e who have been in IN.
nsot OF looking 10 the opt of such after, NOT H.
the Peeuntdry interests only but in the poitcoi
tution, OF the country. F'"' '"S''
MEX The u gsa!ure, and the Valley members 60
Peeniiy must feel an dUfuf responsibilities in selling
OUT the resources Of that Valley to oil time "a, rs
rates held out in this law. '' - VIC
Cop SAVE THE CoMMoNwrAIru
~ ID. dont know whether other Editors in m.
State may think these maters worthy the ron.idara
Son OF their subscribers; If they do, hcy will submit
70 THE EDITORS OF THE ENQUIRER.
THE JUDICIARY
The people are looking with surprise NJ ,ba lone ~
aced session OF the legislature the administration Of
Jusnce suspended, and the whole State kept in fearful
aho perpiexing anxety-nor can they foresee when il
Is 10 end IL is rumoured that the House of Doomo,s
~i adhere to their judicial scheme with two Ju5ges
.ne senate 10 a scheme with single Judge even If
.hs ahherence should protract the session to be L., ~
January, 1882 Is justice be thus inde6niteI, s,,
pended Are creditors to be impeded in securing beir
rgns ahd compelled, without resource TO sec their
SUBSTANCE wasting IN the hands of their debtors whilst
.hc TWO Houses are struggling tor victory and man,
peheve mat IN this contest, victory, by wbchsoever
oraneh oil the Legislature it may be obtained will
S'ush whatsoever hope OF real reform the pcope bav
been cherishing and will nilict stab on The cbarac,
oil the State from which revival is hopee for Re
'uuohs never go backwards"-You NAV deem This
iii
ungushed individual who drafted the details of IN.
serene which likely to so into operation with one or
WIN TWO judges; but II is not his fault his views and
opinions were overrued by large majority and fol
tng oil patriotism urged him TO make the hest of ba,
'nat majority would have in other words he has dono
al ne could as faithful chairman of the committee Of
Courts oil Justice, TO alleviate the evils of tbe meas
as lar as practicable. The existing Judicial svs,o
was opected TO for many reasons resolving bemseIve
in'o aelsy; expense and Inconvenience to the people
is one oil these evils remedied by that bilP lei ne o
emine briehy-and first of delay, which snrings H. =
Sour' OF Equity from various causes the nature of
"e subject oil controversy, the many points in issue
VIC nuhoer OF parues Tor, all who have interest in the
SUBJECT oil litigation, must be made parties thai dee
sion may end, and forever, that controyersv. ,s -
prnc,p'e rom which that Court never swerves. ner
"ne"er he Coer nave jurisdiction one county mr.
several counties These same causes no,,st Iii "
ouce the same results This bill does not remove ,hese
causes OF delay and il is demonstrable that b :, 80
sources are opened which will increase tbeo' IT,
the present SYSTEM the marshals are stimulated NO,
merely oy the power OF the Court TO punish NEGLECT
as KNOWN ascertained officers, they owe to the Court,
OF Chancery TO which they peculiarly belong bu, h
'ne nope OF reward to execute all process promndy
sKiiully and faithfully. The bill provides that ~
portant ministerial duty, upon which denends d. IL,
action OF the Court shall be entrusted 10 the Sbe;g
ana her deputies, and subjects them TO fine for neeec
uty, oy noon or nonce. The party complaining,
must ascertain, amidst the changes which the Sheriff
atty is perpetually undergoing, who is the Sheriff o d.
Puty Ghargeable with delinquencyhe must give notice
must nave the Clerk summoned 10 prove t6a, nronoSS
was put in the post-ofIicc Sc and counsel ,,,s, 80
tor his services Suppose, notwithstanding tbe ea
dhcuiiy OF convicting Sheriff. that the comnIainan,
succeeds and the line is sufficient to paw the evnense
Is that satisfaction for the delay! Depc1d an IL i
VIII nave TO employ private agents to serve process At
ah advanced expense or submit DELAYS unknown n
coSd no, h system Se II was formerly tried, sherHs
hcient promptitude and hdey the evil became ntoIe
raole and msrshals were substituted
The chief expense of Chancerv Court rrocoo5.
from the Commissioners office; and truly where there
Is poverty IL amounts TO denial Justice and vet their
compensation is insufficient procure the Teouis;to
,% anu ega' information to discharge the duties of
Tue ounce ihey are most aborious and require profound
knowledge OF the principles of Law and of Eonitv and
OF Inc rules oil evidences for all these the commissioner
mas TO decide, and is 10 all intens and purposes inJi
c'a ocer' and, within his particular sphere of canal
Importance, with the Chancellor himself And vel =.
ne rs paid what may RESULT An nsolvent sues if the
defendant Is not brought i'm debt the conor,iseio t
,aos no compensation Here, then is not ministerial
nu Judicial officer, called TO decide in cause vbc
.'s interests may influence his decision upon sues
uos referred 70 hn'-Mr Editor this cannot be right:
.ne'e Is something rotten in such system Nor can
tne writer reconcile the idea of tribunal accessible IN
e iIc", closed against the poor, TO those republican
Hns we an profess TO revere. The Comsnon wealth
pound 10 nave justice administered that all her
Tribunals shall be accessible to the INDECENT az well "a
the aiiuent-Ye this bill perpetuates all these rrev
a'. : oey any one to shew clause or sentence
,nat squnts at reformation" Does il not aporava,e
'hem MIR. Editor? The court are required IN snnoi,
o"e " more commissioners in each county: thus the
selection Is more limited, the emolumeats decreased
ne nj
ncer-And hence another source of DELAY and ok nensc
IN exceptions and recommments
AS TO Inconvenience to the people II ia tr,e ,i ro
en system Is obnoxious TO objection on this score but
provides some alienation, in giving 10 sui,ors wider
snse 70 seect superior talent in their counsel and in
snorang better clerks and commissioners But does
,his O'i AVOID the inconvenience? Suppose one case
nundreds might be ofered:-Two leeaiees whose f.
ther uieo and whose executor qualified i'm some Fast
erh county OF the State, remove with the tide of emf
grauon' TO western -county-One files a bill against
me olher, and makes the executor a defendant an ac
eouh! IS ordered; The executor settle il in the conn
~ where suit is brought. I'm fact, the plaintiff will al
ways institute his suit when most convenient TO him
seh ana when parties numerous and dispersed The
ssc inconvenience, as now exists must continue LEI
e Jusuclion OF the court extend over one or several
copnues. would seem, then, that whether one or two
JUDGES are 10 hold the courts the evils of the present
system WIZ DO experimentation is there an attempt
'Oo ouu IN any part Of the BILL TO remove or even 10
aleVlate tbeHl, unless shall find il i'm the curtaiI
nent OF me jurisdiction Of the Chancery Court and how
mat WIN WORK, experience alone can determine
MT. ltor, what would b. thOus Int Of the wtsdoro
OF mat man, log good ard convenient Uouse
mat leaked, who sbJuid pull down the whole fabric 10
remedy mat angle eSf-nay, more Who builds a
new edihee, and nronsds ratey sareIesly ere
vces through which the s,orm may pour, In rreeise-
W The same and ober places his floors Are we
about TO act moe wiseyl The operation Of a sogIs
statute cannot be clearly oreseen by the Iaw.msEer
now mueh more iofcbis The remark, when appIied In
q whole system, the operatoDof which, 10 human
foresight Is Ing enough, no hun wisdom is de ep
sno"xh 70 diseover" Let ne not abandon the naviga.