Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-24
VTRGLyVI.H LEGlSLATURE f..
HOUSE OF DELEGATES.
MONDAY. January al.

MONDAY, January 81.
DEBATE ON THE JUDICIARY SYSTEM.
Remarks Of Mr.. NORRIS Of Hanover on the Resolu.
tionson the subject IF the Jidieiury-d.liuered in
the House of Delegates, February LIST, 1881.
(Debate to be COntinued.)
Mr.. MORRIS sad: In the present stage of the de =
bate, and situated as am, personally, | should Ger.
tainIy abtain from entering into the dscussion
gentleman had uttered The opinions entertained by me
10 relation to the subject before the House. | am 10
favor OF aboshug the present chancery district courts
and distributing their powers among intermediate
cours, bstween the county courts and the courI OF
appeals. am in favor Of uniting the common law and
chancery jurisdiction, to certain extent in the same
Judges. ln my opnion the Judges OF the present cif-
cult courts should have authority try all causes in
which persons residing in The several counties 10
which they hold their courts are concernedal
10 which such persons and persons residing 6euora
the limits Of the State ar, concerned-and all irinnc
tons TO restrain proceedings upon judgments al law
Tered in he several countless wheresoe yer the par
ties to such judgments may reside. And ths State
should be laid off into mail dstfics. for the tal OF all
other chancery causes, in which there may DO many
parties, scattered over HereDt count es
could have wished that the resolution under eon
sderston had been committed, so that the discus.
zion nigh, have taxed pacs upon the do ats of The
measure proposed, as veil as its principle For IL it
can be shown that IN OF jecis which have in view
can be attained, and the Justice OF the country well
administered, under any law to be made in conformity
to this resolution, should give my cheerful suppori
As, however, cannot hope for any such result an
the Tecommitmen, has been refused 10 such manner
as TO bring before what in The form OF test.
question:: understanding tho resolution, as I do
shall be compelled TO vote against IT, is important
to ascertain what Is ts true meaning and this the mora
especially as II seems 10 me, that its friends do NOT
urge in it's Interpretation The present cbsncery dis
ric courts exercise jurisdiction all persons re
sdeDt IN any part OF virginia. indeed in any part Of The
world, if the subject mater Of the suit and anv NJ
the persons concerned 10 IT, happen to be within their
reach. According to my understanding of the reso-
luton, 1t requires that this whole Jurisdiction without
Limitation, thus exeTcse by The present rv a;
irict courts, shall be Transferred to the circuit courts
Of common law and equity, 10 be held in each countv
OF The Slate, and will authorize court held in on
county to call before II, not only the cit ma OF TIA,
county but the citizens Of any and every other conn
ty in the Common wealth. No proportion which sbond
conhne the jurisdiction Of these courts TO psrsons And
things within any particular terri orial limits is Al ali
compatible with its terms And this appears to have
been the construction put upon IL by the gentleman
from Albemarle and others, who have advocated II.
adoption. Heii would seem that the gentleman from
Nelson does 90. understand It in the zane way: for
whilst ne earnestly recommends II TO the hvors bI,
consideration of the HOUSE, he quotes wi s,nrob,
ton, the opinions of Chancellor nj and IN 49,,
men OF New York, which are manifest nm m. III
Of those who diePosed 10 restrict the iutislic,j
Of such courts TO persons snd things within ceusir
territorial boundaries. With system, 10 the s,,sh
lishmeDt OF which, the New York opinions cited n,
the gentleman would lead, st ould be perfectly salts
NED; but u do not greatly misunders,and the impot
OF hf resolution, orbids the hope that these opini
ons can have any influence Ia our future deIbsratiop
upon this subject.
Some matters have been brough, into this debate
which have been much surprised, az cannot for I'M
We discern sny just eonneNon which they have viii
The measure before the House. In order that we oa,
be enabled 10 take correct view Of IT, and avoid III
danger OF having our judgments rbslsd, st appears 4
me 70 De necessary to clear the ground and remove III
tmPediments which these extraDsous topics are cacn
ted TO throw in the way ef proper decision Com
Plainss have been made hat the Jurisdiction of H.
IhsDcery Courts has been for ages sneroaehIng upoi
me common law jurisdiction, and me gentleman frOn