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

But, above ALL wherever these courts have existed
popular clamor against them has been loud and
m'ted Here, II may be asked, what is il in these
courts that has created and continues much
eamor sgains, ,hem' II the delay and expense Of
ther administration, which amounted to almost obi
billion io England ,hese csus-srx,.d to most ruinous
extent, aud Amounted 10 teu'ai o. justice. Few had
the inesns to he expense e suit ia he
EnKh,h chane,ry court, aud hose who had the
were reluctant en- At acc1uut oil its DELAY. A
small estate III br Swalio ed up the expenses Of
cut for s recovery, aud no expected dsci.ion
OF the plAnrst su IN lie than tive years. L,iga,ed
SUITS Involving large tses aud nitric legal ques-
ton, were gene ally comm ed by parties Tor the
eeneh' OF their postrty These assertions were
iounded upon the authority Of the history of the Eng
Ish ehancsry system; aud to it, he referred tor the
run oil the assertions. The gentleman from Hsnrico
seemed to think that tho tory OF this system did
not warrant these conclusions; aud had warned them
with much earnesiDes no, 10 credit the history of bi,
system given by lie enemies He had said, that truth
was never derived fom The narrative of any
uon' when The narrative was given by an enemy and
had reminded us of the conf citing arr atives Of the
wing aud Tory Historians Of England. Mr.. G. said,
the history OF this Court to be ound upon its re-
cords and they fully jusiified all the charges an 1
complaints, which had been made against it. The
gentleman from H"nrico said, that these Courts had
oeen Vaiuaole In the preservation OF nfauts estates,
Anu gave an example oil an estate OF two millions OF
pounds, hch he says could where be preserved
with so much salty, as IN the Chancery Courts-Mr.
" ead that this might be tue, aud the owaer OF
such an estate might we'll afford encounter the costs
OF insurance. which would bs given him by entrus =
ing 20 large an estate to the keeping of Chancery
Court. BIT small estates would stand upon different
grounds they were locked up iu the archives Of these
Coure' The costs OF keeping would leave but small
TO him. Mr.. Clark, in the New York Cow. ion
stated That neighbor OF his had gone into the Chan
Gerry Court OF that State T. a small FArm-he
succeeded and compelled TO cll the Farm 20 nav
the cosis.-Mr. G. had no doubt ther. wer. MANY
such EXAM les in England AID his Country.
me separate chancery system OF Virginia,
obnoxious TO The same objections that o Eng
land although in subordinate degree. H need
not dessin the House by stating, what almot
every man Ia the community knew, that the delay
spu expen.e OF The admin OF equity jurispru.
nepce IN Virginia, was proverbal H. was satisfied,
,na' HE "verag- cos, OF suit ia tn Lynehhutg
GhaneerS Cour', was net less than eighty dollars
rms accuinula ION OF coss, very much owing TO
me neres7iy under which parties placed OF
iog copies Il records carry before The laser Com
e,s, anu the h'avy charges growng oil that
ounce ihe lees were oue dollar an hour, aud no
could fail TO see, how valuable the patronage of the
Judge might make this Office more particularly il al
ded TO the patronage OF the Judg- che C,mmi. soue
snon'd Dad great macy difficult aue ltions in the
snoJecs referred 20 hn. H orly urged his as
- EN- ii htlplga. ., p.ss.nt system
"itton. a"0si.u q" eny I'D vilu l. He kuew but
ore o. n, e h"e''' and no was an hooest An.
o'h-r EVIL which grew out of r"le OF thu Chapce or
and which, ris'diy enorced, would very much in
crease the expsnres OF sut, the necessity coun.
sei would be under of procuring COPIES OF II, IN
prepare their causes for trial. Aud when /, was recoi-
ced, mat every thing relating to the trial of Cnan-
Gerry cause was in writing. q proper idea misbt b.
formed OF the cost OF such copies The expeme
which would attend the enforcement of this rul.
c" 0oyatsa IN the Lynehburg Court, by the
commoaa'ing spirit Of the Clerk, Who he had no he.i
iahon In saying OF the best and most inteI,
gent Clerks in Virginia.
Mr.. Leigh said, he would be glad to know 10 wha,
RUE the GeIueman from Nelson alluded
dr g. said he had referred to tina rule of the Chan
eeuor which forbid the Clerk permitting the Counsel
for examina ton. ''
Mr. L. said, there no such rule within hi, re-.
eo,eeuoa' where tho Chancellor called case in the
Order OF his docket: il the Counsel WAS no,
Tor the trial. he delivered tho paper. In him AMI
the delivery on his docket
Mr.. T.. did not know what rules prevailed in
'"S -,iohmond Court; but he had stated the rule cor
recaiy as TO the LyDchburg Court The rule stated by
the gentleman from Henrico, had referenc. to tbs
esns Of the docket; but he Mr.. G., referred TO the
rule which prevented the Clerk from delivering ma
pers at any other time, or in any other way II was
Wus mat the Chancellor had frequently said that he
between the BAR s snT W h passed in confidence
Clerks had been indulgent. He did not refer to n
Iu'e ior the purpose OF complaining for the rule
might be founded in much wislom-bu, he referred n,
II as showing how the expense O, suit. miyb, h. -.
eumniaed. under 'ha Ops'Ation OF this sy.em TIE
eopy'ns OF gfea' numJe OF records, would be ,syed
by we fiop'rd sy-',m. A. present, the cop-s of the
records all the Courts of Law 10 h.
REQ 10 Ia sorsu'he Chsnceiy Courts must be had bs
hey were tie record Of different Courts But in
'hs proposed pian these references would be TO m, ~.
corus Oh inc Cours OF the Same judges " no coud "a.
Ter 10 mem without copies, and the by saw. much
Eence 20 the par'ies.-The delays OF the Chancerv
Cours in virginia, was ruinous to the sui,ors and
tenuen greatly 10 add to the costs-Every me mbsr nj
this House, must know the tedious massage NJ a al,
through the Court OF Chsncery and the ene,b If ,n
nrequred to bring 1t to final decision He had heard
rom tue gentleman from Orange, that there was sn;
no" 10 the Chancery Court at this place which had
9een depending since the year I765, ami he had M
uoup, IN re were many more, nearly ancient. The
runous accumulation OF causes on the Chancerv DOL
es the ieveral Courts, proved one or the Other o
TWO tcings,-iha the Judges were not able 10 rv ~.
or would not try Them Mr.. G. could ony ,p.sk =. r.
one oil the ChanceliOrs. He believed tb., In ~;
oess IN MS Courts was too much for any one man an
grew out oil the imperfecton OF the system All h
would here remark, that that Chancellor The and.d .,
chancellor Creed Taylor) had been much misunSsr'
e'oou' anu sometimes misrepresentsd-That until bv
severe sm'cuop, he was brought to the confines ~,
'no grave, ne was able, impartial, aRd industrious =
H.o'ueI cause OIL delay grew out OF the m,nnsr In
"men issues out OF Chancory were tried Wh.n.a..
Chancellor thought proper to direct an .sua nc 10
Ieeted u 70 be tai at the bar of the Superior Co..,
mat county most nient TO the parties and ,b
testimony. The case was docketad al ,hs 80 . ',o'
ana SET Tot trial at the succeeding term The marie
nignt procure continuance but il the issus VA
t'ed at the succeeding term, and II tbs Ind. ~
presided at the trial, should certify that he was no,
hned WIN the verdict the case was s,nt b,rk and 80
oountered the same delays. This wa. a source n a.
pensVe and Vexatious delay.-Anothsr obis.ion ;.
""e" me presest system liable was III. a, di.
lance OF the Courts from the sui,or, Thi. ~
n ooJeenon OF nSurmouo'sble difficulty. A ,ui,o,
Sho nad 70 travel some sixty or seventy mill, i,om
nome, to attend the trial of his cause ma ~ A. " "
g.es' sacrihce OF time aud money He had moi Iss,n
60 maj the hospitality of the country vas so -,
mar man could travel bAekwa and Cory,rJ % a.
Cirfks oihees aud 5 .ssious Of these Coutt, t. -
sxpsnce The distance between suitors aoJ a. - .
sol, "as aso an accumulated evil growing ont NJ m.