Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-19
PIRGIyvL4 LEGISLATURE.
HOUSE OF DELEGATES.
INIVNUAt, JdHUHy OF
DEBATE ON THE JUDICIARY SYSTEM.

OF the Judiciary System OF Virginia, which was ope-
rate daily and hourly upon the lives, Liberty properly.
aud reputation OF every citizen. The quss being
one OF such moment, it beloved every member to
weigh well what he was about TO doto aci with the
most cautious delbera'ion, for fear he might be
pnngej into errcr, and thereby produce the most la
men'able cODsequenees.-Tbe gentleman from Hen
rico, in The course OF his remarks had made allu'ion
to cloud, which he said in spite oil himself, he saw
gathering over the desiinies OF this nation the ap-
proaches OF which, he had watched with much pain
iui anxiety, AID fearful apprehensions--and be eN-
pressed with much emphasis that, the storm did bust,
pouring out ruin aud desOaiion in its ran,-hs great
anxiety was, that Virginia might be preserved sound,
and thereby be enabled TO breast it.-Mr G. said he
did not know to what cloud the gentleman alluded or
in what part Of tbs political atmosphere il was gather
ing but he hoped, il il did approach, il would burst
upon the political eiiGce of the Old Dominion, in vain;
an that like the immovabe rock fast fixed in the bo'
som oil the mountain il would remain firm and un-
shaken, the rage and fury of the storm. The true
feelings OF patriot, exhibited in the language and
sentiments OF the gentleman, which he did not
doubt were sincere, were worthy OF the highest adn-
raton:-They wsre the sentiments OF Vfginan IT.
said MIR. the cloud shall rse and the storm shall
beat, as predicted by the gentleman, he Mr. ai1ho
In an humble sphere, would be found at bis post,
doing his duty-and he had but little doubt, that such
were The sentiments which animated every Member
Of this House.-But not every cloud which rose,
that burst in anger-and could take the encourage
mont CT the Poet, when he says
Z" Ye fearful Saints, fresh courage take,
The clouds ye so much dread,
Are big with mercy-and will burst
With blessings on your heads"
cloud had gradually risen, and spread over our poi
cal hemisphere for many years. Ii had assumed s
m st threatening aspect, during the late Conven ion
but had burst in mercy, and pouring its
choices; blessings upon the State.
The question to be determined was-Sh4ll Equity
and Common Law JuisdIc ion be u;ed in the same
Judges and Court entertaining both Jurisdictions,
be held in each County ia the State ? Mr.. e. said,
the Resolutions before the House, affirmed both
these PROPOSE ions for the object OF the one, was to
effec, the other Before entering upon the discns ion
nj IhAaa fsinnc la ms
ginally made by the gentleman from Henrlco, and
repeated by the gentleman from Frederick, in reia-
lion 10 public sentiment upon this subj 'ct me
friends OF the Resolutions had sad that they regarded
themselves instructed to fer the propositions con.
tanned io the Resolutions and felt themselves bound to
do So Both gentlemen had denied this asseI ton-and
the gentleman from HeGrico, had not Oily denied ~
but went much far her, and declared that The people
had no' even considered this subject-Ths subject
(Mr. g. observed) had been investigated 10 this body
frequently, and by The Community at large, for maAy
years-and he would hazard The assertion, that II pub
lie sentiment was unaterably settled aud fixed upon
any subject, i,w upon this The people have coz
sidered it-They had il view, 10 eiecing their re-
pres. natives to this bojy-and they had spoken
in language not to be misunderstood. If the gen
teman from Henrico did not regard any member in
structed, who had not received written instructions,
then he was right-but If member, who knew the
sentiments OF his t,uens, to consider hnself
instructed, by tina, knowledge then, almost evary
Der in this House, instructed, aud the gentleman
from Heorico wrong.
Mr.. G .rland said, with these preliminary remarks
he should proceed, we'll as he able, to discuss
he resolutions, and to advocate the propositions which
the affirmed.-The gentlemen from Henrico, Frede-
rick and Petersburg had discussed these Revolutions
if their friends intended by their adoption, to abolish
Equity Jurisprudence entirely. But such wasnot the
fagt The friends OF the Resolutions intended such
thing nor could he for bis life, discern any such
dency in the resolutions-for their very words ndi.
Gated The preservation of Equity Jurisprudence, and
only sought to change the tribunal by which il to
be adminstered-tte wisdom Of which, it was his pur-
psse TO prove.
THE Il ST question suggested by The second Resolution
was, whether the same Judge was capable oil admin
istering with wisdom and dscrstion both systems OF
Jurisprudence, or no'.-Upon this question, there had
alw avs been, and was now, much difference OF opin-
ion. Many maintained this capacity, and many the in
capacity OF the mind to comp. eh nd profoundly.
and admin. ter judCious y, both sysiemsBut, in the
midst OF tn Sc conflicting views. many bright exam
Piles could be enumerated, clearly proving, that the
same mind possessed The capacy-while there was
of incapacity to administer both Jufisdic
tions. And in aquestiIn on which there was sc much
conflict OF opin'n experience and example AFFORD The
surest test-AI the distinguished English Chancei-
lors had been first able Common Law Judge, among
whom, Hale, Hardwick, Holt, and MaccIesfis lid,
might be mentioned. The distinguished Jurist, who,
with much honor to himself, aud beneh 10 the
country presided IN the Supreme Court OF the United
States administered bo'h systems, with almost unri-
vailed ability.The Judges OF our Cour, OF Appeals,
also almips,er them both-Tbe Judges in most OF the
State Courts and the Justices OF County CouTts,
do the same.-Such distinguished Lawyers as Web
ster Clay, Pnckney, and Berren, pTaclised in both
systems and ignorant OF their fame.-
Our own Lawyers, some Of them disiing uished as
any in the United Sia:eS were masters OF and praciic
ed 10, both systems. And, indeed, Mr. G. could not
we'll understand, how mau could become an able
Chancellor, without an extensive knowledge OF Con.
mon Law-for bis impression had always beer, that
the very foundations OF Equity, laid in the Com
mon Law. There was nothing 10 Equity opposed to
the Common Law for they we're told, that Equity
is the soul Of the Law, that by H. rational Law Is
10 ade and po tive law cons,rued Its end was precisely
the same-to do justice. When it was recoIlocted,
rules of evidence, by which these rights were TO be as
csrta ned were the same every mind would be clearly
satisfis cd upon this subject and, he thought doubt
would not rem u in regard to IL. The ony substantial
IT. rene be weeu the systems, was TO be found in
heir RENE eie' Aod IL seemed that could well
conceive the ity OF separating two systems so
amalgamatsd In their principles aud vary
ng not as 10 the m,nnsr in which right should lie az.
bu ~ to the form in which it should be en-
10 ced II this distinction were truc,-and that il wa
he would refer TO every wd or upon Law or Equity
In ~ ware III branches of tbs sans science and g,
Intimately ced, that keowieige OF one usces.
sarily involved knowledge Of the other. The poi
ii on therefore that the PhIlo opher was incapable o.
rrnprehending but branch OF the sciences OF Phi.
osophy the Artist but single branch OF hi. Art,
would be csrrec', that the same mind incdya
bic OF coIDprehendIns the sy,tens Of Law aud Equity.
The gentleman from Heutico had, with great frank |
ness, admitted the truth Of the proposition Ia the
Judge was capable Of on able aud iuJciou edminis,ra
ton OF both sys,ems, and but for the opinions OF oil
gentlemen sustaining the adverse OF ibis psopo.i ion
an argument upon this part Of the suit, Ct would have
be butas these opinions were advanced
and naineinsd by other gent emen, he felt bs duty
,o Offer lew remarks 10 h House upon this braUcb
ef the subject to b. taken for what they were worth
L Il Aa L