Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-15


bar have been weaed with the lsbouts Of The Com
mon Law docket Sir, it viii not be to Oh
Wat inc epienc's which canno, occur. Though
ne jurisdiction may be uDied IL the samr in6rh lua,
who may be both Chance llor and a Comnoo Law
Ju 'g-, the co1fs aud the busn OF each will BE-
distinct as they now coufess. Sir, hat should
ieprecats the evils OF such avs IN "a has been ima-
sned, I'm which the jiri-dcton an the business was
| ,mslg ama'ed and indi-ct Intimately done. Thi would
lead t, he coaiu ion and delay whic, i. arprehend>i
Hut sucn is not the system proposed. VIII not the
courts aud the business b. dis met when IL by the
same Judge al dTfent periods a. when held by di'-
'eren' Jsises' The same Juds-' sola y'ur Circuit
ADD your neral Courts Yet these Courts are Dd the
sam. The came Judges hold the Circuit Courts aud
tn Supreme Federal Court yet the Courts distinct
Sir. ~ Judge /, ons thiug-the Court auo her Why
tn IN may not the same Judge Conmoo Law and a
Cheocery Cour, and do the business OF b1'h-epsei-
aiy az 1t IL conceded that hsre IS no ncoI peiibity
! II tn, two jisisdcions!
II is arp ehended hovevs., that the tise allowed
ipe tbs term OF county, II not sulas II try those
very troublesome eases which sometimes occur In
Chaocery practice Is there any such case which eau
require moe Tin In It's sxh,nn ,ton argument dur
iag Curt dian the crminai causes which daily occur
IN our pre+sut circuits! These cases r'ql,re ths ex-
animation, sonnet times of hi or an hundred Witnesses
they much more irniiiu >a9ic. OF debate as the
liberty lie OF the citizen .takeand yet sir do
you hear hat ths Circuit Courts unable do too
ctimn Il uiness of he conutry! In the admni.tra-
toa Of Chancery juridic ion. there IL comparatively
very tile time occupied In Court The argument of
couase IL heard there bat tue casa produced aud
de oiiei either le chamoer Of tn, J1g., or in
caian.
| Tn. gentleman from H.ntic, apprehsnd. great n
cenvenience fran suhjeciing evey cizsn OF the Com
'nonwsath to tn in isicupn OF one hundred andevsn
Circuit Chancery Couts L. 1t emberei that every
ciuz-n Is subj ell to ihe ursj ion Of just the
same number OF Coun'y aud Corporation Courts, be-
sides that OF nine Cnahcrry Di- rlct Courts! Have
any iucouv enirnces rssul cd iro th'! Chancery
jntsd:,ion, from Its nature, IL Unlimited and imita
ole You canno say TO IT, thus Tar shalt thou go, and
lfar'her Every Cbipcsry COud NUT sImoiines ex-
'ehd us powers 70 the ms, confines me ear ~ and
summons TO s bar The inhabitants of the most distant
hemisphere. How can the exerci-e OF these powers
be hconv under the system proposed, THAI
unler thu which exis,s! We win supto the Of
d cfed or residing IN tbs city OF Richnoad, who has
claim ON an inhabrant Of Kniwha. There arc in
cumorances and liens the property OF the deb:or
which relisr /, Unnecessary 10 coavox- the ineumbran
GERS before the Chanc.Iy Court. They may reside.
Que ia the csuny d Washing ton-anohsr in the bo-
roug II srolk-aaoher ia s.. LOUIS and another In
Liverpool or tbs Eat Indies. The credi or of Rich
noni must he his bill -ither in the DISTRICT Court OF
Lewi'burg, to which k'nawha is tachsd, or in the
CJun,y Court OF Kalawaa. The process is to be-
served personally on he pac'ies in The Commonwealth,
and IN Eucivsy on tSe n's-re'dents, ny an order
OF pub i:ation in newspaper. They respect
iveiy cited appeAr at Lewi,burs or Charleston.
the su may be brought. Now. how does II concern
the d. teniant residing in Washington, Norfolk,
either OF the noa-residepts (who hear thing
ahou; tie whole ehiir, ualess by accident) whether
they are cite to L,wi'ourg Oh i'--ton to attend
Dsuici, County, Circuit COuti? IL the smii is
brought in the County Court Of Kaua @ha, taenshvs
We he case which would occur under ihis plan A.
1t rssrais he uon fe'dsnis 1t Is all oae to hsm whs-
thee you cite them 10 tns ace thai, for, Ike the
" spir" OF the vA.ey dser, they will not come though
ycu do call them"-ald appr~hsnd there is great
dii renee 4" TOO hone defendants, whether they
brought TO Lvwi'bu-s or Charleston. Ii. howsver.
suppose where al the paciss reside IA some
dis aa, couoy IL !tric 1T es so mater with them.
whether tley are brought soma Que or Two hIndrea
miles to ihe Dis rct Court, from TIT twenty
t. their County COlrt-hou'e
We have been asked point out the incony eni-n-es
of the present. syem Here MF. Lei % said, he bal
asked gentlemen point out the neoayg niences OF tho
present system, which wouii he remedisd by that pro-
p'sed.l-Mr q. resumed. l understood the request,
ani viii endeavor TO meet IT, The terra inconveni-
ence, Is comparative and would be misapphed
10 tn present system, unless rem ldy provided
III that which you a.kcd TO adopt al ught,
ST. mat observation and experience had satisfied hs
most incredulOus, that the Chanc-ry District Courts
were aterly inadequate the atianine mt OF the ends
TOR which they were es,ab ished. Sir, the business
OF these Courts not donethe delays ,hs expsrces,
the RUIN incurred by su''s are eqlVaisnt almost 10
DENIAL OF justice. We tod, however, thal mtuy
Of hese ioconv eniences incident to the system OF
Cha1cery practice, aud that her cannot be- diminished
but may be ausnrnted by the establishment OF cir
cut coarts Ia III: Counties Now, Sir, doeJ not every
mn who Is convsrsdnt wish tho bu-Ioess oil these
courts, know hd there ars expenses iIcident hen
which would Do necessary avoided dimuishs sd Dy
the CIecuit system mitshAi's lee, TOR example,
s:rVng single notice, ~ 81 o. while that OF the Sle-
| fiH 10 90 cents Why Is TINS! Does It occur 10 you.
sir, that IL il simply becau,e the Marshal may have to
travel three times d, lar as ths Sheriff to his pro-
that no 10 allow I'd three times much for serving
Ii!-Er Pede HercuIemi-Jddge o the system from
ex,nPe.-The L'wyer's lee (accord ny to satute0 IL
i o. In The C1ancefy District Court, while Tor the
sefVice 10 tbs County Court, Il is 3 D. by the way,
sir permit ms TO observe, that though YOU attempt
reg ate hess things By Law, you -gisIdte in ydin-
The lee VI the Lawyer Is matter OF private contract
and personal conn ence, and you may ~ ~ expect
T. reguiate aud prescribe tho price OF any oh.r lab5-
Dy law. that OF the PROFESSIONS 81 man. IL
Is dJns, Fir. But, only cite ibis instance, for The
pap Ol sho"iBS ,ns reason which induces the dit
ference ia sss fees The Lawyer 10 not esumsd all
was read. at the CId0csry CJuft-and n he does
not, he pAl too going thlther. When he does
not ne t"ere as often happens, you must either
OrIOg him 10 tis papers, Or bring the papers to him.
aud the latter 10 geuefay rssoTled to AZ he cheaper
alternative. 50, ir VIII Il bs found cheaper TO carry
these courts to the Psope, al least to tn counties.
than b6i0g the psOpie TO the Courts The Courts,
rsco lsct, made Tor the people not the people
Tor tue Z ,u'is But mIy Of the most useful aud
iIspensible powers OF Chancellos, exerc ssd
VhcMto I-suit, gaming ujunc inns, wrs oil ne
at, SC &c. Nov. ) =, you im the inconve-
nIencs an expsDce OF Travelling some or two hun
bred miles IA quest OF O these Chancsors TO do
! your bu,iness.
| Sir, IL you will look that map, you will see what
Virginia Isl An empire ia territory, embracing wlmn
her ample boundaries the tides of the Atlantic, and the
rugged heights OF the Allegheny. Ii you have not
traversed her mountains bays there are those hero
who can tell you of the difficulties OF journey over
one or voyage across the other. And they know that
il is no liz Int affair from the Eastern Shore TO
Williamsburg or from the Turnpike line 10 Staunlon,
TO get Judge to do the business.
! MAJ be singular, Mr.. Speaker, but have thought