Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-25
OK III y Nv Z OA4tIsIs'
JUDICIARY system.

Extract If letter fran, friend in the country t.
Member Of the Vrginia Legislators.
" | in;mAted TO you my last, that would probA~
bly, in future communication. give you my ideas
upon the organ zAtioa of our Courts under tho new
Consii tuition.
. My own opoion is, unsquvocay, that the best
sy-t- would be- suffer the Chancery Courts 10 re-
usin az at present. curtng 10 some degree the scope
Of idicon which by asuccession OF
That Court has obtained ever the Common Law Courts,
and the tiil by Jury; 10 re establish the ole District
Courts, and gn Judges each, mis- ht suit
tbs convenience of the country. in matters of COR
tract, would suffer the parties 10 into the con-ide-
ration OF bond' deals, Sc, amt in all cases OF fraud.
allow the parties by proper plea TO bring the CUES"
tioa before jury; and 20 reqairs OF the Chancery
Courts, faF practicable, 70 have all matters OF fact
depending hs tss'imony at witnesses, TO be- found
bv Jury, either at it, oVD tir or in the country IS
might be mnst Convenient 20 II parties. wood
abolish the General Cour, AMI in leu Off, woald estsS
bh IL gb Court OF Chanesry, settle all eases ai>ing
10 equity o derasrresort for tue relief kpro
fGaio OF the Court Of ADpssssnd on 'his court he
ChsoceFy CourO wouli confer The hnsncial opera
lions OF the country. heretofore exercised by the Ge
nsral Couri. Suehs system. AN well satisfied, fon
long would bs b=s adapted TO ti.s conf
ton of the country, the most economical tincien,s
aud psctable, that could lie devised.
" am aware that the pian suggested dces re con-
tain much OF nogely as might bs acceptable in This
age OF reformation al and the great dsD
ger ia. tina, in d verging IRON extreme,
ant TO ihsr of perhaps Srsa;er, equally
dangerous tendency-hut as the people have the ua-
questionable right, TO mould ihase matters accord
lag 10 their views viii ugsest another pies
in that aspect Of The case which presume will he
ieciions, viii, il appears Ia me, he less obnoxious
public interest then any other a!ies ehssge that has
occurred 10 my mind.
&c Let the State be laid of into convenient distrcisS
and Judge in Chancery, and a law Judge, be assign
ed to eacb holding their separate courts IN each
ltyhe Judge in Chsncery TO hear and deter rhine up
all intelocuory questions, and 10 preside the
examination OF yoes before juries TO be impanBei
led for that purpose End the facts IN every de-
pending on psrol evid The verdict OF the jurys
and not the evidence OF the Witnesses, 10 be regarded
by the Court in the decision of every case, far
that decision dep.nds verbal and not Documentary
evidence. The law Judge 10 hold sessions 5n pals,
somewhat upou the principle OF the nis priuS C urts
OF Eog land, but n be final, uoless questions of law
hall he saved, by special verdict, bills Of exec piion
&c &C. an to hear and dGisr'~ins all criminal Of
fences, not Affecting lifs Confinement in tbe Peni-
ientary-bu u al tuai DEGREES, toserved questions of
law, and criminal OF high grade. the Judges
should be req1irsd 10 hold al lsss, session in
the year. in conjOnct1n, 10 decide upon them-and
in all cases OF disagreement betwe-i the lodges,
let raoscri?, OF the Record be Immediately rWardS
ed to the Court OF Apy-a's, High Court CnaGce~
ry me may be. T. De docke'sd 80 hat Court
ADD disposed of by fhs Co without delay, or sp
pesrance Of counsel eli her sdeprOnoOncing such
judgment as the Court below shouihsve rendered, to
b. Ce tilted backani to becouIs The judgmen, OF the
Court below, 10 be entered onj acted upon by the
Clerk OF the Interior Court
al would abolish aIlaws authoasng arbitrary appeals
Appeal in co OF doubt difficulty should be granted
upon sppc alton IN the Judges Ponou1ein{ Judgment,
and IT, Gaze o. refusal, uPOo application The Judges
OF A pps als--to whom all VI criminal Ia y should
be referred, as heretofore to the General Court"