The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-27

qucs''"'s aaS"hueu tohS d"cis ION, whtcli IS
aii-iniportait IN relitioht 10 ihat C;niyt, winch
settles the law of the country.
Asst the u. proposi;ions-just mentioned
tits. as usual, much easier to say what ough,
NOT to be ad"p'cd. than what ought. A plan
gong 10 ProtiiDit 4 Judge of the court of Ap-
reais, WHO - iIot interested, from sitting on
a'i appeal carried tn the court. is nuvei. and
hrrhaH%, may not be constitutional II dim;-
msies the constitutional duty OF the Judges
by half, and woa.d either lead so a con,e-
Gucnt reduction of their salaries, in the face
pf the guarantee CT the constitution, or rem
der those salaries fro fanto, mere ST., fuyes.
nc p.antoo goes to enable t.yo Judges out If
SIX 10 settle the law at the country Ii it
Dc SAID that Il diUici0n of duties, renders.
p"o!C fnnCtionarlcS more expert and COM
petent, IN proportion is their sphere is mar
rowed /; wHiic this position is admitted, the
ocheht OF it i'll this case is lost, by assigning
the law and equity duties to the Judges res
pecuve.v, at each term by TOT titus
continuing tie necessity for all the Judges to
devote their attention equal, to bo,H de-
~Partmcnts. If, OH the other hand, these de
pai'ments were fcrMancniiy assigned to
the several Judges, that eShrit du co,hs
would be eIigcndcrcd, which is incident to
an Men, IN all situations /; and would not fail
III particular, topush still further the en-
cr"ichihents ot the chanccry Jurisdiction,
even to the destruction of Jury trial, and ytpa
pocr testimony. The union OF the go iuris-
oictions III the court or last resort, viii e it
IS liable to the first mentioned objection.
eXempts that court from this eah,ii din cor0s
G enables it to keep the inferior courts steady
Other proper functions. These are some
or the objections which occur to this scheme
OF t"oc ambci at the first blush and the
n'cohNenlcncles Just mentioned 20 say no.
thing OF its conSfifntioaaHky,) place us
between ScyUa and CharTbdis. 1t is better
therefore, TO consign this plan to the Tomb
u uie SaPulet', and pursue the system of
our forefathers.
AS to the other project, for enhancing the
criterion OF admission into the court OF an
Peais, L have no hesitation TO say, that it
ought to be done under the district court
system. When we consider the respectable.
~ ana competency of the district courts. as
aforesaid, and add to this the certain loss
incurred, by eItra fees TO counsel, &c. it is a
mercy to %Suitors, ContenIing for small debts.
not 10 admit them into that court: but | an
not prepared to say, that the inference is the
anne, when the confidence OF the people in
these neIo courts will be unquestionabfr. and
perhaps, justly lessened. The inference
would seem TO be the other way but that
1 would not be understood to recommend.
ne question rs submitted to the superior
wisdom of the Legislature.
III tins dilemma, l am at a loss what to adj
wise, except this: In all future appointments
10 inc court OF Appeals, be very particulars in
your choice; and always enable your Judges
'"aeFo.e tiieir 7vh0le time to The public SER
wee. They ought not to be comhe.Hed to be
their own towards, OF overseers; the time
III pocdiIon, is too precious, and valuable. to
the puollc, to be thus employed. In r~e,ation
20 future appointments, do not forget that e.
very thinS depends upon the men and that
the system Is AS nothing. The sagacity of A
IHyfor (e) or a GAieS, would decide at a
Siahce, questions which would make inferior
men boggie they would hand out the Jaw. to
the people, in Il 6riefand plain garb. and not
smother it under IL mass OF verboge. Il can
not be denied, that the Elen i'm our Country
VINO combine the adequate talents ard con-
ndelice, for this high Office, are extremely
rare. They ought, when wanting, to be found
out and invited mo the public service. Of
economy on this point, pushed too far, becomes
d most injurious paiSlmony. AS to the pre-
sent court OF appeals, Notwithstanding the
common cant OF the day, they have deserved
well OF their country. An Inspection Of the
reports OF that conrt, will show that il has.
taec[y, done more business, han at any for
mer period. 1t has furnished a volume of
reports, oil about 700 pages ~ in each of
the last years; whereas, daring the time
comprehendCd i'll l Washington's reports. If
tooh nine terms to yield a voiume of 392 pa
gOs. Similar results viii arise from q com
parison with other periods OF the court, as
may readily be seen. These facts ought to
be made known, in justice 10 the court, and
Tor the purpose of correcting an opinion c.
quaiiy general and erroneous, that it does
tess business than formerly. IL is believed
that no court in America, does as much bust
ness as the court OF appeals especially when
to that or decidiag Causes, is added the ar
duous function OF settling the law of the coun.
try. In making an estimate respecting this
mOnentous duty, the Causes decided by the
Court, ought To be 7ysiYhcd and not cousted.
1t ought To be reCoIeCtld, that n sinpke de.
ciSioi by this court often sweeps OFF from its
own docket, many causes, and puts - end
~ hundreds OF others depending thouglout
the country. 1t is fit therefore that such a
decision should receive great consideration
and be well weighed And in the account be-
tween the court and the public, it ougil, not
to be rcCkoncd as Il single cause. This in
creGscd Dispatch, i'll Court, (Which it is hoped
viii be ct improved has arisen perhaps,
from the diminution of Tie number of the
Judges but | do not pretend to saw.
L; &C the business is thereby better done.
In a multitude of Counsellors, it is said
there is wisdom but energy and di8batch
are the characteristics of monarchy
Af..I -..,-N na.- -