Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-12
VIRGLyNL4 LEGISLATURE.
HOUSE OF DELEGATES.
MONDAY, January 81.
DEBATE ON THE JUDICIARY SYSTEM.

IL
dietary, MIR. MASON OF Frederick, spoke as follow:
Did believe, MIR. Speaker, with the honorable
member who has just taken his .ea MIR B,tb,urO
IA, the good p op'e of Virginia required the modi
noauon oil our Chancery Courts which is proposed by
the second resolution there no nj an who would how
more obedent TO their will. Whatever my own opiu
lous might be- as to the policy OF the projected change
hsir viii should be my law. would say OF such sub.
melon on my part, stat pro raiione volantAs. But
wneh gentlemen tell me- tkat the people require the
present organic ton Of the Ch,ncsry Courts to be de-
sUoyeu aud Court OF Chsncety subs ituted in lieu
be held Tor every county i'm the State mus, be allow
ell 10 exercise own intelligence in the endeavour
10 ascertain, whether such indeed the pak.d dc.
mand OF the People In reference TO this maer--or
whether their will in this respect not directed to
a very different end aud intended to effect mu ch
more comprehensive purpose.
j know that the complaints of the n, onle on the
sub,ct OF the Chancery Courts are loud and uneoui
vocal in every part of the State.
My own constituents complain as earnestly ss any
other OF their fellow etzsns. Add these com plants
are well founded. They are real, not imaginary
Ihey have their origin deeply seated in the aoas
oil the Chancery law administered by the Courts:
no man oenevss more hrmiy in the truth OF these com.
plants IMAM do And will 20 further than
will co. regardless of every other considerations to
bring them to the light, and to apply tie proper re-
medy.
But, Sir, il gentlemen hope to administer the relief
which Is necessary to heal these they must
prone the disease much deeper than |, sought by the
resolution unier debate-A mere modihca ion OF the
tribunal, which is the fruitful source Of all these
but poor resort to vice, Inherent 10 the Ia
ITSELF
The complaints of which speak, reside mainly, If
arPrehend them Alright, first in the delays-aRd,
secondIy in the expence incident to the present sys
tenn OF Chancery law, and to the presen, mode OF
proceeding in the Chaneery Courts These courts are
DOW nine IN NUMBER held for certain large districts 10
me Commonwealth, vested with all chaHcery power
within their respective Jurisdictions and held by Chan
ceilors t is presumably of adequate learning and abi.
". hese, then. the tribunals in which reside the
sources OF much OPPRESSION delay aod expence and
against wh;ch 30 much invective has been Ievell.d-
i,st us see the remedy proposed by the resolution
OIL are TO erect in lieu OF these, hundred and
more courts, of precisely the sane power-.o est in
them precisely the jurisdiction (sxcep, as to the
extent OF territory subject to each o remit the in
u' TO all the RICH privileges and authorities vyhaso
ever now exercised by the present Cbancery Courts-
SUBJ 'ci to technically the delays in the for ms OF
their Procedures-to ienticaIly the same costs aud
expences for the services of their oicer-to the same
Identical mode Of ation mode of proof mode Of
trial, and mode OF relief In fact out Of the nine Chan.
Gerry Courts now complained Of, some hundred
anu eight, alike tbroug hout in form, shape, and
aud when you have done this all complaints are to be
quoted, all grievances redressed and the s the
bona hide Ills experienced by the people in the admin
istTaon OF nine courts, he d,sipated for ever
when those nine multiplied Just twelve fold. /
ask, Sir would not the observer say that if
you multiply the sources of the mischief you multiply
the mischief itself If the vice resides (s it ceriaiuly
doe 10 the law, will you not diuss that vice. you
multiply the tribunal which dispenses the law leaving
that law unchanged?
This resolution simply proposes to pull down the
Chancery Court established for district composed
oil many counties, and 10 send that very court shorn of
not single power, pruned Of no, single vca, into
eaen county and corporation now the seat OF Superb
or Court oil Law. IL proposes all this and il pros ,es
no more. Take the very words Of In. resoIu lion;
" That is expedent to uest the equitable
NOW exercised by the Superior Courts OF Chanceru
IN the same judges or tribunals which shall or may
be established, 10 exercise the Jurisdiction exer-
csed by the Superior Courts Of Law" l cannot pro-
less to know how far this would satisfy the Constitu-
en's oil other gentlemen, redress the griev ances
OF which they complain. Ii would certainly not sati.-
iy mine. The bare presence Of a Chancery Court i'm
their county, whatever magic IL might work sewhere
could certainly bring relief 10 them. That remedy
was not new to their experience. Their county was
now the seat Of Chancery Court. They have had
this remedy in full OF trial since the year 1872
and TO them 1t would be mockery say, the whole
scope Of your complaints against the present chancery
system, found by the last General Assembly to lie
in shell at last 1t consisted aogly and simply
in the want OF chancefy court in your county NV
constituents cannot be satisfied with this They look
for something at orr hands, which will suppress the
common mischief OF these courts, and not for that
which is intended merely to multiply in numbera the
court lis II, whilst the mischief left
The two great sources of the complaints spoken Of
reside in the delays and in the expenses now Incident
TO in the Chancery Couris-and the W.
told by the gentleman from Orangs, be RENEE
died by the principle OF this resouon These expenses
and delays are in some sense incident 70 Chaucery law
II they do not admit OF full and effective remedy
be devised Of mitigating the evil; Of
diminishing the delay, aud Of reducing the expense
even il full relief may rot he extend! I beIieye
sir, THIS may Do done and 10 tins end /, for am
tdy to leud my most hearty assistance our duy-
it is expected Gf usand shall dsapron, ALL if tina,
duty is not discharged In performance of this duty lie,
cay that will 20 with him who goes farhrs, nor
look back uutil the good work il done But may tell
the gentleman from Orange aud prove il too that the
principle OF the resolution, ii carried into effect so far
from fulfilling the promise of its friends, must sgg,a
yate the disease il was called to remedy. IL musf ir
crease the delay, and multiply the expense. what
are the causes Of delay in these courts! I be
leve the experience of gentlemen convcrsant with
them would be found generally TO agree. One fruit
full source OF delay consisted In the difficulties of get
0g process served aud returned, upon The parties 10
the cause. leading feature In eqVily law TO- thu
every whose interests TO be in any manner
Affected by the judicial action Of the conrt mus, he
made party to the suit IL s not common law
there, in but few do you find IN IN ,pyo mar
ties: the Plaintiff ADD Defendant. In Equity the nnm.
Der Of points in con'roversy,i Is commemorate with ts
number OF interests iuvoived-somelimes even with
the number OF parties 10 tho cause-snd il requires
p oportionate time to mature and rpen the cause Tor
full aud hoal adjustment AT law, in a vast
majority OF cases. the matter In controversy is narrow
ed by the peaciDgs to siogIs point, upon which
single judgment is rendered. and the cause is at an end
May illustrate the difference by tracing the zane cause
OF action through each Of these rbunai? creditor
seeks to debt from the estate Of dacedent
at common law, he brings bis action against the per.
sfnal preventative, the Executor Adm nisfrafor;
the parties but two, and the sole question IT, ~he.
Their the debt is s,iil due. jury is impannellsd 10
Try that single question; they find the debt unpaid and
the judgment OF the court is rendered upon the yer.
diet. Follow the same OF action through court
of Chancerya bill is filed. suggesting that the per-
sonai assets have been exhausted ia paying debts Of
inferior dignity, and asking the aid Of the court 10
change the land in the hands of the heir You make
Dsfeudants-1s, the Exesu'or or Administrator -2i, |
all those to whom the lands Of the debtor have descend