Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-01-05

...,,oa dur;no The term, that now require
- -, on, h,cl, for six months 10 the commissioner
Those Judges IS no DO no Chancery business, or
neyl IN none, under the present system, would
nave no excuse lor such neglect, and IN DINER re-
spects equally The proposed system @ouiu pro
mote the despatch oil business.
am not aware Of any sound objection 10 the
sys,em propose. IL is tree from The objections 10
the old District Chancery Court system, where
the practice was monopoiized by The central bar,
10 the great Inconvenience OF parties and me pre-
iuiice OF lawyers in other parts Of the district,
and The business was more Than the Judge could
perform, causing an over.rown docket, great de-
laws Of business, and all The errors that result
from loo much business and loo llltle time. Al
the same time, II preserves The Chief advantages
OF The present system, while it avoids The main
objection 10 it, II will not interfere with the sys-
TEN oil rotation proposed by The Governor, but
would rather seem 10 be indispensable 10 lis eff
cheney. The objection 10 that system, suggested by
The Governor arising from The dficulty OF re-
turning The records OF cases reserved for the va
cation. is insuperabe Ii Judge Esll should
chance 10 hold Judge Scarburghs Courts, how
would he gel the record in PARK and Newton or
Armistead and cambridge, back to Williamsburg?
There would be great danger, TOO, where the
Judges did not feel themselves responsible Tor the
busl ness Of any particular court, that pretexts
would be sought TO avoid the trouble OF heavy and
difficult cases; which, added 10 The fact that The
Judges would OF necessity be entire strangers 10
The cases before them, would greatly retard The
transaction OF The Chancery business. One Judge,
too. might make an order in the Fall, which an
other in The Spring would disapprove and re-
sciud. giving 10 The case a different direction;
while, al The next Term, third Judge, not feeling
tsund or disposed 10 carry ont what his Judgment
did not approve might coincide with The hrst, or
with neither. Such conflicts OF opinion would be
unavoidable, and would confuse and embarrass
the business Of The courts beyond conception. II
is plaIn, think that the system OF rotation IS not
suited 10 the transaction Of Chancery business
certainly not while that business IS done upon Inc
circuits, as a, present. Il might work well II con-
! fined 10 The Circuit Courts ofcommon law, leaving
/ each Judge 10 hold The Chancery Court OF his own
circuit: or il the Judges weak or corrupt rs 10
make some check upon them indispensable in
all The Courts the object might be effected BY hav-
ing Chancery Court for each District, 10 be
held by the Two Judges Of the District where
each Judge would he a watch and check upon the
other But | do not believe tina. the system oil
rotation is necessary in any OF The Courts, Tor The
reasons assigned by The Governor. The Judges
OF Virginia, whatever may be their deficiencies
in other respects, are, and always have been,
men Of integrity, commanding and deserving
universal confidence in their imparialily and
Justice. lmputations are occasionally made
against the best men By disappointed or malevo-
lent persons but fortunately thr community does
not look to The conduct ur eachIng o such peo-
ME for lis standard OF virtue II IS just boa>l 81
Virginia that none Of her Judges has ever been
impeached, and scarcely ever has move menf
however inefficient or contemplate been made
for 81, h purpose. 1.-THE Governor has not len
nj, ear IL some carping cync, who has no Z on
6,,encc in any bodys honesty, or 10 some suol
nr attorney whose malevolence has been provoked
by The hrmness and Justice OF the Judges disap
poin,ins his hopes, and perhaps detecting I'M
frauds his observation OF judicial conduct II
Virginia has been very different from mine, OF
he suffers his sense OF human lrailly 10 excite
most useless and uniounded apprehensions.
The system oil rotation, however, ii confined Il
The common law Courts and properly restricted
with reference 10 the convenience OF The judge
as 10 distance, &C., will have decided tendency
10 improve both the bench and the bar, and 10
that reason would be glad 10 see il established
M ohi.c, is more desirable than such an I'm
, | pIuycmcnt. .
But 10 return 10 the Court o.. Appeals. Adop
the system here proposed, require arguments II
the Court OF Appeals 10 be IN writing OF prini
, (unless otherwise requested by the Court, 10
special reasons, fixing limited period for clos
, ing the arguments, require the Judges 10 hah'
: their opinions 10 the clerk or reporter, ins'ead
wasting their lime by reading them in Court 10
,b. ed;6calion of The crier and The tipsiaif, an
!, there will be fewer appeals because fewer errors
and in Two or three years, if the Judges do lheI
,uty The docket of that Court will be reduce
!, within a manageable compass. The Coui
want time, and these simple changes Will give Il
WYTHE.