Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1843-04-20

We comply with The request Of mary readers
q pabIish the anrsred speeches.
REMARKS OF Nh. HOPKINS. Of Povhaian,
b. he BIZ ID ezte.d he Jurisdiction of.
single Magistrates.
M. HOPKINS said Be rose with great rel1ct-
lace. Il this advanced period Of The session. and
waen be was aware Of The fatigue and impatence
II lke members, ID crave The indulgence OF the
HOUSE. while he submiiifd lew brief femaIksl
d farof OF HE proposed change IN our indic:al
system. Whether We yieu i Is medium for
lie prompt and cheap administrator Of justice,
{up6a The Principles 81 lee and sqnity,l Or ass
measure Of relief TO The vast namber Of suffering
rommou wealth, without TIE Eemotesi probability
IL affecting iniufiously The rights and Interests
81 creditors, ii equally and imperouxly chailen-
res the favorable consideration II ahis House.
The object OF every Government Is Or oeshi ID
BE, The happiness Of The people; and9to uhlzil
that end, general laws should be enacted
With 4 view 10 produce .slke grtelesi good to "a
sTsalsss nnmbsyl'' Rights and remedies shodld
bescIearly defined. 50 as 10 be distinctly UNDER
stood BY The community. and grievances should
be quickly aud eheaply redressed. Uafonunaie-
y for the peopEe Of Virginia, whilst these prin-
riples, and others equally Important. have been
proclaimed ID our Bill Of Rights, and engrafled
in our Constitution, The legislature have bnI
seldom sought 10 honor lhem with place in our
naiule book. Our fofefzshers performed az act
Of nnexampled moral grandeur, when they ~
paFaled from The mother countfy. and ~ hero
ic deeds, achieyed the Independence Of the hen
sf,S stsa e Z ~ \ !
cy sought; BY written Constitutions, 10 secure y
their eiiizens throughout all iias 70 essss 49,.
equal and inalienable rights, which, ~ appiica-
ffse -
had been for many centuries siIded By the err
Ifuptions Of Edropean monarchies and desPo-
bisfn.A In Virginia, he spirit Of reform did its
4 fftl and nohlest wefkl IL proslta,ed The laws
Of pfimogenitnEe and or entail, aud the church
eslablishmenti al from their ruins, sprang up
COR existing sysleax Il inheritance and distriba-
lion, aud the impefishabie bill OF religious free
dom. Whilst, therefore, much of'fhe work Of
reformation was done, yet il is equally true, that
much remains 10 be done and among the mosi
important measures forTelief and protection or
popular rights. which the onward spirit Of inn
pFogement is1Hestined YET to achieve, Is that
which this bill proposes, in part 10 accomplish
II mean The overthrow ofour system Of aspeciai
PLEADING .relict of the British monarchy.
brought hilher by OR English ancestors, aud
hitherto upheld by he influence Of the legal pro-
tession, which has nearly always prcdomlEated
10 The councils Of the State. What Is II, Mr.
Speaker. but legal cohweb 70 ensnare the neces-
bitons or nnwafy sui,or into completely and costs
and often into aefsai, against the ceafesi prqci.
pies OF right. AMI lnt open contempt Of justice
and common sense9
II what Is il, Sir, buia cumbruus antcunniogly
devised machinery, involving the rights OF In
gants ia fabyfinlh Of confused .echnicaIiiy, al
The expense or thei: time, anxiety, money, and
iheifpropef1y / Why, in deciding controversy
hats v& fuHn eof1
require them 10 20 through the iormality Of filing
Isetafaiions and pleas and Implications and rtjoia
aery ard surrsjoiaStrs and re5uifSrs and surrebui
itrsi Why so many writs and executions r
Your eapias ad repoadeadssm, and your capiaS adj
sasisfeeisRdnm, your sefse Jacias your fire faeia
your lsparf |aelas, your distringas, and others
Whyso many rules and erderss Why so much
,rrdkfling al The bar. and 50 much confusion OH
the bench, Why does the sulor, as he often
looks upon The scene, and knows he has justice
on his side, yet feel his heart ihrob with The
pHsalions Of terror, because BE finds The case
involved in iechnicaly, as 10 The existence of
which he was wholly ignorant beforei dMhy IS
D juror often ast6nished 10 fad himself sworn to
Try Al case between Richard Roe and John Doe, ;.
In writ of jecimep., between.iwo Of his couny
trymen; never known or called by such names be-
fore9i Mr. Speaker, this system Of perplexity :
nonsense aud Technically, ought to be exploded.
IL IS Inconsistent with the genius Of Republican
Government, and at war with the dictates OF
common sense and ofcemmon justice; and It's
effects are to fleece The many, for lhebenefl Of
she 5stc. Il j. method ofstAxalion, .ab5ch. be-
sides The glaring ouirages IT, oRen perPelrates
upon the rights sof men, falls more heavily upon
them than all the burlhens Of Government put
togelhers Let.the oppressive system, then. be
overthrown, as soon as the publis anindHis Pre-
pared for It, and let another be established on ts
runs,ls 80 Ineligible, so simple, and so cheap,
thar whilst justice may id all cases be promptly
administered, none shall feel its exacibns, or
complain that il has plundered him Of his rights
Then we shall havefewer lawyers, fewer sherIs,
fewercourts, less costs and more justice Than We
have now.
The bill under consideration, proposes 10 ex-
tend The jurisdictions OF single justices fifty dot
Ears, ID all pIaiaGases of debt evidenced ~ writ
ten Obligations /; and 50 regulates the proceed
iGgs as TO secure 10 The creditor the~colection Of
BIS money as soon as b. Law II could be coerced |
under a judgment 10 The county court. In rem
iering the judgment. the Justice is not feitered I
BY The Fulesjo technical pleading, but blythe en-
argedpFinciples Of law, and the plain dieiatesof
equity, according TO the proofs before him! II /
Will add importance and dignity TO his Office. |
md secure ia future, weil considered and judi
:ipus appointments Of Justices. Il will elesaie
he character Of constables and insure. By 10
,reasec responsibility ard profits, the fahhfpl
iischsfge ofSher duties. Should the nagfstfale |
,rr in his judgment. ID allows either party The /
igkt df appeal 10 the county court; and to eject
speedy trial, it requires The clerk 10 enter the 1
lppeaiat once upon The Office judgment docket, /
o be ltied as other new suits upon the same. ---
We have been tod. that single justices exercise
his power 10 twenty-fouf out Of the t&eniy-SiI
;tates pf the Union. and IN one at least, IL ihe 4
mount Of Two hundred dollars; and that in no
insle instance has the jurisdiction ever been d.
FINISHED. or complaint made about'its opera
ons. Ifit be true, Mr.. Speaker. as has been
'iseiy said that an aounce Of experience is bet
'rfihaa pound Of theory" then has this ques-
on Aeen set,led BY the united experiment IL
early every State 10 the Uaions Il is ia vain 70
liempS BY fallacious arguments. TO storm the Fl
publications. Of lruth and experience. Ii
But, Mr.. Speaker, as asmeaspTe oE relief, 10 :
e embarrassed debtors Of the country, this bill
ashl 70 pass. The amouns Of costs in a suit
pen aEpain bond &c INV dollars, carried saro'
e forms Of pleading to issue, Judgment deIive- :
bonds ard ultimately to collection. under exc
ltion BY the sheriff, is enormous. II viii star Ia
3 even The lawyers OF the House. I hold 10 Il
y hand, list of costs, made out with great :
re. item By item which ! believe 10 be cor
cl Il is as follows
Pitt tax, so
suing gwrit, lS
oekeling,g
nlering attorney,
ding process, lsl
aIls ~