Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-04-04


on the excess of income Si0o or 500 while law
yers pracc'ng in other viii be required 10 pay
one per CT on such excess, only ten Gaar5 The ef
feet will be, that lawyer who practices in The Court
81 Appeals whose practice may amount to 81 AGO. will
be compelled to pay $40, which will be one per cent,
on the excess over $780, while lawyer praclcng in
other courts whose income is 81 i00 will be required
to pay only 80, half o.: ore per cent. on suoh
excess air. 1aiem objected 10 The amendment, for
another reason. He could not see whv lawyers end
physicians should haze exclusive privileges over
other Tax paying Citizens. Uncer the provisions of the
Senaies amendment, every individual whose income or
salary IS over 81 loo would have pay one per cent
on The excess Of that sum over $500, while lawycrs
and physicians will have to pay nothing on such excess
For instance, your Auditor OF Public Accounts whose
salary $4,000, viii have TO pay Of $40 or one per
cent the 100 do!iass, wse DIV sicau
or lawyer whose income is 2,0G3 dollars will be required
10 pay only 10 dollars o. OF per cent. The aiop.
ton OF this amendment would BE- unequal and unjust
and he might at Least be permitted to indulge the hope
that the physicians and lawyers IN this house would
not be found voting to themselves exclusive privileges
REMAINS OF NJ HorkiSs on The BW la ertcad he
''HriSdtcitoa 81 StAstc .hagiStra.cS.
MT liora!Hs SAID he Fose with great reluctance at
this advanced period of tie session aad when he was
aware OF The fatigue and Impotence OF the me nbers
TO the indulgence Of The House, while he sub
United ie" bTci remarks III fave. III the proposed
change IN our Judicial Gystem. Whether We view 1t
as medium for the prompt and cheap administration
oil justice, (uPou the PrEcPieS 81 iaT and cguity
a. measure Of relief /, the number Of suffering
debtors throughout the wide extent Of our Common
wealth, without the remotes probability of affecting
inu.ousy the rights and interests of creditors, il
equally and imperlously challenges the favorable con-
sideralion OF this House. The object of every Go.
vernmcnt 49, or ought 10 be, the happiness OF the peo-
pie; and to Obtain that end, general laws should be
enacted with view TO produce "he greatest rood 10
the greatest namier. Rights and remedies should he
Clearly defined, so as TO be distinctly understood by
the community aud grievances should be quickly and
chcaply redressed. Unfortunately for The people of
virginia, whilst these principles, and others equally
important, have been proclaimed our Bill of Rights,
aud eng.a(,ed i'll Constitution the Legislature
have but seldom sought 10 honor them with place
IN our statute book. Our fore.ahers performed act
OF unexampled moral grandeur when they separated
from the mother country, and hy heroic deeds, achey
ed the independence Of tie then Colonies. The Sc
vefal States OF the Conscdcracy sought by written
Constitutions their citizens throug hout all
time t. come those equal and inaenah,e 5hls which!
as applicable TO social and individual man in the OLD
%o!ld, had been for many centuries sled by the
ruptions OF European moaaTcies and Gesposm In
Virginia the spirit OF reform did lis first and nob!cst
work. II Frustrated the laws Of p.mogenture and of
entail, and the church establishments and from their
ruins, sprang up existing system of inheritance and
distribution, and The impeIshabe bill Of religious free
DOM Whilst, therefore, much of the work oC refor.
nation done, yet 1t ia equally true, that much re-
10 be done; aud among the most important mea.
su'es for the relief and protection OF popular rights
which the onward spirit of improvement is destined
yet to achieve, is that which this bill proposes, in
part to accompl.shl mean the overthrow of our sys-
tenn Of Especial plcad;ag"a relc Of the British mo-
narchy, b.ough, hher bv English ancestors, and
hitherto upheld by the Influence of the legal profes.
sion, which has nearly always pfedcmina,ed IN tie
councils OF tie State What is il, 5lr. Speaker,
but legal cobweb TO the neccssous or unwa.
~ suitor into completely and casts, and often into de-
feat, against the dearest principles Of right and in open
contempt OF justice end common sense: What is il,
Sir, but cunbrous and cunningy devised machinery,
involving the rights o! iitganls 4 labyrinth OF COLI.
fused echncality, At the expense of their time their
anxiety, their money, and their property, Why, in
deciding controversy between two ncigh5ors, mat
te.s of litigation require them 10 60 through the
forrialy OF filing declarations and pieas and rcph.
ratoas and rci0ndcrs and sar,oiuders and rctutcrs
and Sureblicrs: Why SO many writs and executions?
You. copds I'D rospomdcndam, and your capas ad sat-
i>tacitndun your scre teias, your irc facios your
ieeart tactaS, your d'drinsaS, and others' Why so
many rules and ordcfs' Why so much .craneiing n:
the bar, and so much confusion The bench Why
does the suor he otten looks upon the scene, and
knows he has justice his side yet feel his heart throb
with the puisa,ions o terror, because he finds the
involved in techncaty as the existence Of which
he was wholly ignorant before /: Why is juror
often asonisEed 10 fud himself sworn TO try
between Richard Rec and John Doe in writ of eject
ment, between two of his countymen, never known
TEN Of per pleSy, and techncaiiy, ought 10
be exploded ii inconsistent with the genius OF Re.
publican Government, and at war with the dictates OF
common sense and of common justice; and its fleets
TO fleece the many, for The benefit of the ftW. II is
method Of taxation which, besides the glaring out.
RACES it often pcrperates upon the rights Of men falls
more heavily upon them than all the burthens of CO.
rernment put together. Let the oppressive system,
then be overrown soon as the public mind pre-
passed for it. and lei another be established lis ruins
,fatf,. Il
tice may all be promptly administered, none
shn feel lis exactons, Or complain that i, has plum
dered him of his rights. Thea we shall have fewer
lawyers, fewer sher'is, fewer courts, less costs and
more justice than we have
The bill under consideration, proposes to extend tho
Jurisdiction Of single justices fifty dollars in all plain
cases Of debt evidenced by written obligations; and so
regulates the proceedings 10 TO the creditor
the collection OF his money as by law il could
be coerced under judgment in The county court. In
rendering the Judgment the justice IS et;cred by Ito
rules g: technical pleading but " the enlarged priHc
pies OF la and the plain dc:aea .! aquiy, according
TO the proofs before MIN 1t n.ll adj! porlance and
dignity 10 his Office, and secure in future, well consi
Gered and lidcious appointments Of justices. Ii Will
elevate tie eIa.acic. Of cunsabes aud insure By IN.
c,eaesd responsibility and profits the faithful discharge
OF their duties Should the magistrate in his judy-
ment it allows either party the right Of appeal 10 The
county court; and 10 effect speedy trial. it requires
Tie clerk 10 enter The appea! at upon the Office
Judgment DOCKET, 10 DC led as other new suits
The We have been told, that single justices
crcise this power in twenty four out of the twenysix
States Of the Union, ard in at least, to the
Of two hundred dollars; and that in single instance
has the jurisdiction ever been diminished or complaint
made about lis operations lf be true Mr. Speaker,
as has been wisely said, that ounce Of experience
IS better than pound Of theory, then has this ques-
ton been settled by the united experiment OF nearly
every State in The Uuion II is in vain 10 attempt by
fal.actcus arguments To storm the Notifications OF truth
and experience.
But, Mr.. Speaker, of relief, 10 the en-.
barrassed debtors OF Tie country, this bill ought pass
The amount of costs in suit upon plain bond Of
if'y do.!s caIiti through The forms Of pleading 10
issue, jldgment, delivery h,ad s,. ultimately 10 col
lection, under execution b. the sheriff, is enormous
i; will s,are even The lawyer OF the House. hold
in my hand l's of costs, made on. with great care,
item by item; which believe to be correct i! s a.
follows.
Writ tax, 81
Issuing writ, Is
Docketing,
Entering attorney,
Noting process, j.
Pail ~