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Editorial
January 24, 1844
The Guard
Holly Springs, Marshall County, Mississippi
What is this article about?
Editorial opposes bill to abolish Vice Chancery Court, citing risks to justice access, increased delays and costs amid rising litigation. Advocates retaining current system until constitutional changes enable equity jurisdiction in superior courts.
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THE VICE CHANCERY COURT.
We are pleased to see that the bill to abolish the Vice Chancery Court has been laid upon the table. We are opposed to its passage upon the grounds of expediency and economy. Abolish the present court and you close the doors of justice against a very large and respectable portion of the community. No man in a large portion of the State will be able to prosecute a suit on account of the delay, inconvenience, enormous and unnecessary expense. Would it be politic at the present time when the litigation is rapidly increasing. The business in that court, growing out of the common law litigation and former speculations, is very great and will for several years continue to increase. More property will be affected by the decisions of the Chancery than any other court. No man possesses the physical ability or mind to examine and do justice to the various points that would necessarily arise. But we are told by some, abolish the whole chancery court and give equity jurisdiction to the circuit courts. This system we are also opposed-first, because the present system will be more uniform in practice and secondly, because it will beget more learning, the decisions will be characterized by more ability and be more in accordance with the principles of equity and the suitors subject to less delay; but even admit for the sake of argument that the other is the best, wisest and cheapest policy, (which we do not believe) is it not impolitic to abolish the present system before another is provided? First then let the present system remain, until the constitution is amended so as to confer chancery jurisdiction upon the superior courts.
We are pleased to see that the bill to abolish the Vice Chancery Court has been laid upon the table. We are opposed to its passage upon the grounds of expediency and economy. Abolish the present court and you close the doors of justice against a very large and respectable portion of the community. No man in a large portion of the State will be able to prosecute a suit on account of the delay, inconvenience, enormous and unnecessary expense. Would it be politic at the present time when the litigation is rapidly increasing. The business in that court, growing out of the common law litigation and former speculations, is very great and will for several years continue to increase. More property will be affected by the decisions of the Chancery than any other court. No man possesses the physical ability or mind to examine and do justice to the various points that would necessarily arise. But we are told by some, abolish the whole chancery court and give equity jurisdiction to the circuit courts. This system we are also opposed-first, because the present system will be more uniform in practice and secondly, because it will beget more learning, the decisions will be characterized by more ability and be more in accordance with the principles of equity and the suitors subject to less delay; but even admit for the sake of argument that the other is the best, wisest and cheapest policy, (which we do not believe) is it not impolitic to abolish the present system before another is provided? First then let the present system remain, until the constitution is amended so as to confer chancery jurisdiction upon the superior courts.
What sub-type of article is it?
Legal Reform
What keywords are associated?
Vice Chancery Court
Court Abolition
Equity Jurisdiction
Legal Reform
Court Expense
Litigation Increase
Constitutional Amendment
What entities or persons were involved?
Vice Chancery Court
Circuit Courts
Superior Courts
Editorial Details
Primary Topic
Opposition To Abolishing The Vice Chancery Court
Stance / Tone
Opposed To Abolition On Grounds Of Expediency, Economy, And Justice
Key Figures
Vice Chancery Court
Circuit Courts
Superior Courts
Key Arguments
Abolishing The Court Would Close Doors Of Justice To A Large Portion Of The Community
It Would Cause Delays, Inconvenience, And Enormous Unnecessary Expense
Litigation Is Increasing, And Business In The Court Will Continue To Grow
More Property Is Affected By Chancery Decisions Than Any Other Court
No Single Person Can Handle The Volume And Complexity
Opposed To Giving Equity Jurisdiction To Circuit Courts For Uniformity And Better Learning
Even If Alternative Is Better, Impolitic To Abolish Without Providing Replacement First
Keep Present System Until Constitution Is Amended To Confer Chancery Jurisdiction On Superior Courts