The delays of the court of chancery have been immense, and those delays
are inseparable from the court if the practice of England be observed.
But that practice is not necessary. 'Tis greatly abridged in Virginia by
an Act passed in 1787, and great advantages result from the reform.
There have been instances of suits depending for twenty years, but under
our present regulations a decision would be had in that court as soon as
any other in which there were an equal number of weighty causes. The
parties may almost immediately set about collecting their proofs, and
so soon as they have collected them they may set the cause on the court
docket for a hearing.
It has never been proposed to blend the principles of common law and
chancery so as for each to operate at the same time in the same cause;
and I own it would seem to me to be very difficult to effect such a
scheme, but at the same time it must be admitted that could it be
effected it would save considerable sums of money to the litigant
parties.
I enclose you a copy of the act you request. I most sincerely condole
with you on your heavy loss. Time only, aided by the efforts of
philosophy, can restore you to yourself.
I am, dear sir, with much esteem, your obedient servant,
J. MARSHALL.
In a letter written in 1838, when the constitution was revised, Mr.
Gallatin gave an account of the convention of 1789, which was, he said,
"the first public body to which I was elected, and I took but a
subordinate share in its debates. It was one of the ablest bodies of
which I was a member and with which I was acquainted. Indeed, could I
except two names, Madison and Marshall, I would say that it embraced as
much talent and knowledge as any Congress from 1795 to 1812, beyond
which my personal knowledge does not extend. But the distinguishing
feature of the convention was that, owing perhaps to more favorable
times, it was less affected by party feelings than any other public body
that I have known. The points of difference were almost exclusively on
general and abstract propositions; there was less prejudice and more
sincerity in the discussions than usual, and throughout a desire to
conciliate opposite opinions by mutual concessions. The consequence was
that, though not formally submitted to the ratification of the people,
no public act was ever more universally approved than the constitution
of Pennsylvania at the time when it was promulgated."[9]
The next year, in October, 1790, Mr. Gallatin was elected to the State
Legislature, to which he was re-elected in 1791 and 1792. In 1790 there
was a contest, and he had a majority of about two-thirds of the votes.
Afterwards he was returned without opposition.
Public-domain text, read in full here on John Shaqi.
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