Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-03-12


enough to satisfy any mrd of its truth. The conse-
qnence then must be. that in double dist riot.
half of the would go undecided, i'm the absence
of one at the Judges; and he prayed gentlemen To
answer him and say, what The difference in the
number IF suits decided in double district, where
hall only were Determined, and in two single STREETS
whcr, oil in decided, and none tine other,
But the gentleman frum Henrco had told the House,
that 1t th" Judge becomes sick, upon the principle
advocated by those opposedfo tins bill, that ruin
might ensue 10 individuals. That defendant might
have judgment pronounced against him in one die
trict, and be plaintiff IN another. for equal
nmeunt and thnt the failure of the jud.. from any
cause to attend, would defsat his Judgment, which
was necessary to meet t,aoth-r. This is possible
case; but let an examination be made, Mr. Speaker,
TO see IT would not b. Much probable result
under his own scheme. Was it not more prob
able, that where man was defendant, which Of
sSurse would be IN his own county that he would he
p:antih too. in another ocion: Was Il not probable
that bis SIausa.tons would be near hor.' That his
debtors and creditors would be around him? ut any
rate that they would DO IN the circuit II this
superstition be correct, what will be the deduction'
1t II has suit against him for $500. and one Tor him
Tor the same euni-lf the suits in tho same dis
trict aud there be court, there neither udg
ment for nor sgains; him. But if there be court
that gets only half through the docket. Judgment
may be pronounced against hius, but for him, be
cause BIS suit was not reached. That argument
OF the gent lemon then, cuts against him.
Having disposed OF this branch Of the subject Mr..
Gibson said that he would now cndeavour to shew
committee. would not work. lie wished the House
TO bear III mind the fact, that tho chancellor i: he
sat apart, required tho attendance Of good
cierk-one skilled IN his Office TO conduc, the entries
&c. &c Every member of tho bar knows this fact
Tho Judge OF the common law court, requires one
skilled too to attend his court, and one well acQuoin-
ted with the office, must always be IN attendance
there, 20 show papers, 10 Is subprsnas sc. for
such rs call. Mr.. Gibson said such deputy must be
acquainted with the niice--rnust know where the
d'uerent papers we're situated, or he would be of
use. What then does this argument prove, but that
in county in the State, every clerk of the cir
cult court must have at least tue skilfui deputies.
some OF the larger counties now might perhaps afford
It, bu, three tourths of them Could not aud vet all
must have them, tor court that sits for week ony
requires many clerks 10 attend, and does rs much
busiIess tor the time, that sat . month; and
where Mr.. Speaker, were all these dcput,s thus
skilled to come from! Vss the proposed tenure of
the clerks, calculated to produce those skfu depu.
ties' They were made, they could only be made by
practice. rhiuk you, that clerk who had an office
worth retaining, would run the hazard Of introducing
two or tiree talented and accomplished clerks TN his
Office, whose skill and manners would en.ple them To
riva' HIM IN the next five years election! II
he had not read human nature incorrectly. it would
be otherwise. Every competent clerk would rrmem.
Der the fable of the serpent and husbandman lie
would not forget that there was such thing ingrat
'tude and that VAS not impossible that he who was
warmed INTO prosperity by the patronage OF friend,
might, with worse than viper rgra,itude, sting his
benefact"r to the heart But how would the system
operate on the bar, and the suitorS of the COURT Two
courts sitting n one and the time, in the same
county, and at the place, and produce no moor
ntcnce! The thing vas impossible. Is il not known
TO you Mr.. Speaker, that the counsel that were
most usually engaged IN the law the same
that practsed most successfully IN eqni,,i How Can
the same man be presen, IN two different, places a,
one and the same time The gentleman from Henri
CO says. that by ten O'Clock the morning counsel
can place in the hands Of the chancellor business
sufficient To engage his attention the balance OF the
day-and that 10 cfanc-lor, argument was ne
ceSsary. Notes, and reference to authorities wa. nil
that vas necessary. Admitting fuf the moment that
tuii time was Afforded to prepare those ref
erences, how had II been aSccStained, that an arpu.
ment was uselessl The chancellor decides the very
identical cases that to the court Of appeals then
All argument considered necessary. In that cour,
It was known, that codnse argue for FIVE DAYS
at time Surely that court could understand
cause without argument, we'll u chanrei.
Tor. Hut te gentleman burrows his arguments from
examples Afforded IN Richmond. MIR. Gibson said ,f
he had been correctly informed, the chaneery cur,
here, was used as meie chsunel for sppeaI-nei.
Their side cared how the decided. In the
country IT would not be There IL will be wished by
the parties. that the decision should be correct and
when made, that litigation should there stop. Ques-
tons of law will be argued in courts Of chanccry as
well those Of law.
has bern argued the counsel would no, h. en-
gagged IN suits actually upon na m both a, one aud the
same time To sefy sea, extent, fat rea was erroneous
Al every bar that he had any quaance vnh there we're
certain leading counsel who Usually engaged III most suit,
Of Importance thai would h. thu cas-. in cSsnc.,v a, ve
d law The presence, ten OF sTch would often be
required at the different places and bcnre
different tribunals But admitting Thai II was IN ,hc sron cI
wanting ~ the other cnu const,i GO through Ia
hour Worn down by the eSer,IonB excitement aud
caused by protrdcd jury trial. what would there b,
under such circumstances, for counsel do is n. 10
chsncey cause rnled,hy after eni,hma ,h. oIhc, g.,
hsusei aid inanfrse he the sheriff ,or persp,
calls upon him III tine chanoery before his ,iay
over TO TeuTn 10 the Law court
dhd d nouli suit. Thus handled about M man could on
through the body 4bour and the mind Of any sk
under the accumulated sxeTlions
these not tie only Arguments show the npp- sy
olse'"5 along under The proposed system .rc
during the day IN shch practitioner
before the court, his clients resent wishing crt
nm IN the moments Of leisure, about con.
nected with hts profession; perhaps engage him y cas-
just then coming on, aud IN which PLANTATION
~ 70 enable tho COUNSEL IN know how open the Cause
examine the testimony
In the county know Hlr Speaker. uru,msI
Tor counsel 10 he engaged for he hft time, during
which the he decided Intervals leisure
ctssy Tor SUCH pnPoes-not for the convenience scounse
only, but for that ~ tho client II the fashion oC
the country; those habits cnud be changed the com.
mands OF the egISatue Laws fer such purpose oI 10
ne IDLE as the commands the Monarch the
sea- "tus far shalt thou Co. and Eher" Cnnury lawyers
nave no office hours; whenever the client calls then the