The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-01-23


maJorities OF bot. houses of the Legislature,
every one must admit the high qualifications
which should distinguish the Judges of the
Court of Appeals. 1t is evident they should
possess strony and clear understandings. be
deeply versed in the science of law. pa'ient
and ;iil,gent in their Investigations, cool and
| impartial in their decisions.
Nor is it enough that the Judges shonld
THUS deserve the public confidence: thew
should also obtain it. It's, perhaps, of more
Importance that their decisions should be
deemed wise aud just. than that they should
feaiybe SO. as the public peace is an object
or more dignity and value than strict private
justice. say strict private Justice, because
lfGSrGN injustice 10 an individual must al.
ways he Incompatible with public arproba
ton here are several considerations why,
under tins present constitution OF the Cour;
OF Appeals, tits likely tn want the general
Confidence There is a radical defect in the
smallness OF The numDer. BY the last law
ON the subject, two Judges constitute Court,
aud are IN every case majority. These
TWO Judges then, have the power Of reve,,-
sing the decisions. re-, only OF a circuit Judge,
but even of the General Court, consisting at
present o! fourteen members. If one OF The
Judges oEthe Court of Appeals should differ
from his associates and concur With the udg
es below; in this case, rs tbs opposite opin
-,
sdered to belize each other; the opinion
OF single Judge may be said to outweigh
thai. OF the whole General Court
| In appeals from the Ch:ncery Courts on
! points In which the three ChancelIors may
have concurred; but the appellate court i,
IN like manner divided the Judge who turns
| he balance may have been taken from the
General Court, and have been for years lit
tie conversant with the rules and principles
which govern courts OF equity.
! VIII not such an exercise OF their power
IN a case CT much public interest be likely
to excite great discontentss The people
VIII not see superiority OF talents or know
ledge suslcient to counterbalance the great
| disparity Of numbers--T ,icy viii! take sides,
some with the dozen judges below. and some
with the two judges above. JlliJerai men
will question the qualifications of those from
whom they differ, aud even their motives
| where these Consequences do not follow clouds
or doubt and uncertainty, thus cast over sub
Jects on which such high tribunals have de-
cided so oppositely, will naturally weaken
mems respect for legal justice and the insti.
tutions which administer it.
| Let us suppose decision of the General
! Court to have been affirmed by majority of
the Court OF Appeals; and that Judge of
the former court, who had dissen; from
his brethren below on the same question, is
promoted to fill the place Of one Of the mem
| Ders OF the court of appeals who composed
shat majority. Here then that has been de-
ciared to be law, which q majority Of the
highest tribunal think is not law--snd tho'
such an event may not always ter,pt iudi-
V'duals to cndeayOr a reconsideration os the
| question 1t tends to cherish the vulgar pre-
IJudicc OF the uncertainty ofiega! principles,
+. and the Judge himself may be induced. If
/ not directly to depart frcm a solemn tleci-
sion, 20 favor principles more coatormable
to his former opinions, and thus virtually de-
stroy that congruity ard uniformity OF dec-
sion for which the court is chiefly establish
{ ed
These considerations are entitled TO vrea
ter weight, when it's recollected, that as me-
rt IS not the only passport to favor, men may
often be advanced 70 the bench CT the court
OF appeals neither superior, nor believed ia
be superior, to the judges Of The general court
or courts Of chencery.
Will admi; chat the cases have supno.
sed are not OF frequent recurrence but they
viii certaihly sometimes take place. DIFF
ierent men possessed of equal degrees Of in.
teilisence TviH form different opinions on the
same controverted point, ard fartiori i.
their Intelligence and capacity are unequa.
nor do pretend TO assert that an increase
IN the number of judges wouid completely
prevent the evils Of which ] complain. l
know that. parsaking Of the mpcrfection
incident to every thing human, any oygsni
/ cation OF the court would admit them in q
greater or less degree / only contend that
they would be diminished in proportion to
an increase ofaumbers.
There are other objections to the small.
ness OF the number, which these who are
more given 20 observe, than to speculate, NAV
noe deem Improbable or too refined
! Where such great power is placed in SC
few hands, III a government like ours, the
Judges will be too much influenced by the
f, popular sentiment. / presume that the mos!
enthusiastic advocate for dependence of the
executive and Legislative powers on tie PEG
PIE, viii admit that the judiciary should be
influenced by no considerations on earth. bu,
those Justice and reason. ANY other would
give US rules as variable as the wind, and
convert the tribunals of justice into engine.
OF FACTION and oppression
again, where the numbers so small. the
occasional Misunderstanding among the
Judges, are likely to have greater influence
ON their conduct, and such influence is pro-
poruonaily pernicious. The larger the mum
Der, the less is the eject of the ambition
III humor or caprice OF any ore member, and
on this account the less will they be ncite 4
There is many a brawler in village, .yh,
behaves very quietly and decently in a larp,
city. L forbear TO dlate Oh this TOPIC b.
cause the present state of the Cour, Of A -
peals, renders it subject OF peculiar deli.
cacy, and at the same time affords a GOO,