Richmond Enquirer

FOR THE ENQUIRER

GENERAL ASSEMBLY -No. 3.

On the abolition of the Superior Courts of law in each county, and the restoration of the old District Court system.

"Pause! reflect, before we do the work; it may be pregnant with mischief."

The servant should wait on his master. It is easier for the Judge to move to the People, than for the people to move to the Judge.

The circuit court system is more cheap and convenient to the people than the old district court system. The truth of this proposition in a great measure hath been shewn, by a brief examination of the expensive proceedings, and burthensome operations under the former district system.

In a short range, I will point out some of the benefits and savings to the people, which all will acknowledge.

A citizen eminent for talents and patriotism, was heard to say on a recent great occasion, that the Virginia people were distinguishable, or strongly marked by a sort of county character. I do think some of the most prominent features plainly perceptible in that character, are frankness, hospitality, neighborly kindness, a ready interchange of mutual good offices, with some other social feelings and qualities. If a dispute arises between two respectable neighbors, or county-men, some benevolent peace-making magistrate, militia officer, or other friendly citizen interposes and settles it. A citizen is cautious how he brings a colorable or vexatious suit, against his fellow citizen in their own county. The merits of the case will be canvassed by friends and neighbors; the witnesses and jury well know the parties and their cause, the truth will come out, justice is certain.

Such is the happy genius of our constitution. "that the people are so mixed up in the administration of justice," it becomes the interest, as well as duty of the citizen to do justice to his fellow citizen, as he may in turn have a call on his fellow citizen, as a magistrate, juryman, witness, or friend. for reciprocal justice. Even the faulty party wishing to stand well with his county-men, disrelishes very much that sort of ordeal, he has to encounter from just censure, indignant frowns and loss of respect, which will certainly attach upon him, when proved to be flagrantly in the wrong. Hence it is. that a man is more apt to do a mean thing out of his county, than in it; he would prosecute a suit abroad, that he would be ashamed to bring at home.

We here have the causes, why fruitful sources of litigation are dried up. Revive the district court system; they will be re-opened and flow in copious malignant streams. The affairs of men not called off by distant civil duties, and distant bar-rassing law suits, are better managed; they prosper, are happy--they owe no debts, and avoid litigation as a pestilence.

The parties and witnesses in a suit pending in the circuit court of law, can generally go home every night, or hear from their domestic concerns every day. Grand jury men and venire men all within reach of their homes; no sick families to leave-- no serious loss of time or labor--no long expensive journies--no oppressive detentions at distant courts and taverns.

The doors of hospitality are opened to inhabitants from the remote part of the county Business soon dispatched; terms of the court short, and people soon dismissed; numerous are the suits which are, or can be disposed of in the superior courts of law, without the expense of one single dollar being incurred in feeding of a man, or an horse. It is difficult to approach a correct estimate of the savings to the people from despatch of business, loss of time, travelling and tavern expenses. costs of witnesses, costs of suits, lawyers' fees, &c.; such an estimate would be viewed almost as incredible. I wish it was competent to the Auditor, to make a correct report of the expenditures on these topics to the Committee of courts of justice; or to the honorable legislature. It is material to notice another important saving. The clerk of the county court is most generally, also clerk of the superior court of law in the same county. The records and files of both courts are well preserved in the same office. The judicious accommodation and arrangement of the clerks, are well known to be such, that the counsel for the parties and others. have a proper and ready legal access to the records and papers of both courts; whereby thousands of clerks' fees for office copies are saved, which under the former district court system, after travelling long expensive journies, did constitute grievous items in the bills of costs. It may not be impertinent to remark, that the worthy young professional gentlemen who are raised and live amongst the country people, participate in generous sympathies, for the cultivator of the soil, and the mechanic: they practically see what moderate recompence accrues to this class of citizens from their labors. They are, therefore, honorable, just and merciful in their fees. They disdain that disposition of exacting extravagant fees, which is sometimes manifested by the avidity of some professional men, raised, and who live in the hazy atmosphere of expensive fashionable cities and boroughs.

I maintain another proposition as in contestibly true: that the criminal and penal code is better executed than formerly. It is evident that the morals of our people are rapidly reforming, under the auspicious influence of the circuit court system. The certainty of detection of crimes, and breaches of penal laws, by grand juries reflected twice a year, from all parts and precincts of a county, the certainty of conviction and punishment before a learned judge, by an able public attorney, and a righteous county jury, have produced a great and happy change in the moral order of society.

Gaming and some other vices are extirpated in many counties, and the redeeming spirit is in constant and successful motion. Under the district system the grand juries were dispersedly collected from five to six counties; they knew little of offences and vices perpetrated over such an extended surface. A timid, or selfish grand juryman was tempted into silence, for fear of a grievous detention four or five days, at a district court, until a witness could be brought before him, from the distance perhaps of fifty miles or upwards. Silence often possessed witnesses knowing of offences and vices, because they were alarmed by the consequences of a summons on a long and expensive journey. From the example of the superior courts of law of the counties, our county courts are stimulated into a more precise observance of their duties, in relation to the criminal and penal laws, and other court business: they are wisely and emulously conforming their practice to that of the superior courts of law, which yearly disseminate much valuable information amongst our magistrates and people generally. In fact, we are daily civilized and humanized by the influence of those courts. We cannot agree to give them up for an old defective, cast-away system.' Who asks us to make this sacrificing change? For whose benefit is it to be made?

Again, as to the comparative estimate of expenses. If the explanations given, be not satisfactory, it must not be forgotten, that the more extended and effective vigilance of grand juries, contribute to increase expenses of penal prosecutions. Since the institution of circuit courts, we have legislated into existence much corporate vermin, of a prolific breed, which batten on the morals and vitals of the state. They generate crime: they generate vice. Multiply institutions and laws; you multiply offences and vices. With an increased population, vice will increase. Our population hath multiplied about a third since the establishment of the circuit court system. Look to the sessions of the honorable legislature, have they not doubled in length and expense? As to the objection, that an itinerant judge cannot become a profoundly learned man, it is well known, that before appointment, he has attained unto the age of about forty years; if not then qualified, he ought not to receive the appointment. Our young lawyers ought to receive the most liberal, and most accomplished legal educations before appearance at the bar--afterwards, if they will have a little patience: abstain from political ambition and speculative pursuits; they can successfully and honorably perform their duties to their clients, rise to eminence, and grace the bench on their country's call. It is a diversity of pursuits which ruins the Virginian. The young physicians may perhaps justly complain, that they are not as learned as their predecessors of old An amiable matron of Philadelphia, was heard to declare (whether truly, or jestingly, I disclaim the presumption to say,) that the college physicians diplomatized young Doctors, nearly as fast as she could make puddings.

I admit there is one serious objection, which may apply to any judicial system. I mean the baneful influence of sectional feeling and interest in the appointments to office. Minds acting entirely under such sordid and contracted influence, could be easily prepared for the ruin of their country. In the selection of a judge, a statesman, a general--the best intellectual resources, like the best physical resources of the commonwealth, ought to be at her command, and brought into the public service according to the calls of the public good. On such occasions, geographical sections and boundaries ought to be contemned. Revolt to this principle, ought justly to be held as a breach of allegiance, and a species of treason against the commonwealth.

AGRICOLE.