Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1802-07-17

oaelSsdCttOil, ana Shall CODSlQCI II uuOeF the
two views it naturally presents; the con-
and the expediency of the
measure. find it most convenient 70 con-
slider srst, the question of expediency, and
shall therefore beg permission TO invert
the natural order OF the enquiry.
To shew the inexpcdiency of the pre-
sent bill shall entieavour to prove the
expediency of the judil;al law Of the last
session. In doing tbis il vii. benccessary
to take view of the leading features of
the pre-existing system, TO enquire into
Its detects, and TO examine, how IL. the
evils complained of were remeilied by the
provisions OF the late act.--It is not my in
tentioh to enter into the details ofthe for
mer system il can be necessary Only TO
state 50 much as viii distinctly shew its
defects.
!, There existed, sir, supreme court,
having original cognizance in few cases,
but principally a court Of appellate juris-
dielion. This was the great national court
OF dernier resort. Before this tribunal
questions of unlimited magnitude and con-
sequence both of a civil and political ma
ture- received. their final decision; and
may be allowed to call il the national cru.
chile OF justice, in which the judgments Of
inferior courts were to be reduced to their
elements and cleansed from every impu-
rity. There was a circuit court, conpos-
ed in each district of Judge of the SUI
preme court and the district nudge. This
mns the. chief court oil business both of a
civil and criminal nature.
In each district a court was established
tor affairs Of revenue and admiralty and
maritime jurisdiction. Il is not necessary
for the purposes of the present argument
to, give more extensive outline ofthe for
mer plan of our Judiciary. We discover
that the judges Of the supreme court in
consequence of their COMPOSING a part OF
the. circuit courts, were obliged to travel
from one extremity 10 the other OF This ex
teRsive country. In order to be in the
court house two months in the year they
were forced to be upon the road six.[Thc
supreme court being the court OF last re-
sort, having final jurisdiction over questi-
ons ofincalculabie Importance, ought GER
tainly to be filled with men 10, only OF
probity, but of great talents, learning, pa
uence and experience: The uhioa of
these qualities is rarely, very rarely 10 be
found in uien who have not passed the me,
ridian of life: My Lord Coke tells us no
man IS TT 70 be Judge till he has num-
ocred the lucubrations of twenty years
Men of studious habits are seldom men of
strong bodies In the course of things it
could not be expected that men Git to be
Judges OF your supreme courts would be
men capable of traversing the. mountains
and wilderness Of this extensive country.
II was an essential and great defect in this
court, that il required in the men the com
bination of qualities, which it is pheno-
menon to find united. It required that
they should possess the learning and ex-
perience of years and the strength and ac-
tuty OF youth. may say further, Mr..
Chairman, that this court, from It's consti-
tuition, tended to deterioration and not to
improvement. Your Judges, instead ofbe.
ing in their closets and increasing BY re-
Election and study their stock Of wisdom
and knowledge, had not even the means
OF repairing the ordinary waste of time.
Instead of becoming more learned and
more capable, they would gradually lose
the fruits OF their former industry. Let
me ask if this was not vicious construc-
ton of court Of the highest authority and
greatest importance in the nation. In q
court from which no one had an anpeaI
and to whom it belonged to establish the
leading principles Of national iur;spr,,-
dence.
In the constitution Of this court as q
court OF last resort. there was another es-
sential defect. The appeals to this Court
are from the circuit courts. The circuit
court consists of the dstfi6l Judge and a
Judge of the supreme court. In cases
where the district Judge is interested.
where he has been counsel, and where he
has decided in the court below the yudoe
OF the supreme court alone Comprises TIE
circuit court. What then is substantial
ly the nature of this appellate jurisdiction /!
In truth and practice the appeal is from a
member OF court 60 the body OF the same
court. The circuit courts are but ernana.
tons OF the supreme court. Cast von,.
eyes ION the supreme court YOU see r.
disappear, and It's members afterwards A.
rising inthe shape Of circuit Judges. Be-
hold the circuit Judges they vanish and
you perceive the form Of tbe,
supreme court appearing. There is, sir,
a magic IN this arrangement Which is not
friendly to justice. When the supreme
court assemblies, appeals come from the
various circuits of the United States.
There are appeals from the decisions Of
each Judge. The judgments Of each mem
Der pass IN succession under the revision
OF the whole body. WIN not a iudge
while ne is examining the sentence Of !
brother TO day, remember; that that bro-