Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-14

is true OF the whole court, IS, IN abstract anu SOUND
speculation, alike true of all its members-every |
one of which should be capable ofbringins to the
investigation and decision OF every question carried
up from inferior tribunal, mind free from every
bias for against either of the parties, the prlnc-
pies and argument involved in the original Judg-
mcnt which is TO be affirmed, set aside for error
Ii this be correct exposition oil the end and purpose
of the institution o. a Court of Appeals, how, sir,
do the doctrines square with it, which have been
advoca ed in the OF this debate, by both the
gentlemen who have preceded me-, in favor OF the
bill now before you:
The whole court Cannot indeed 90 in one body
to each district, to try court OF original ursdc
ton, each cause: but they depute for this purpose
one OF their body, who is, too, TO Influence the
Judgment of the district Judge, and 10 imbbe, the
sne time, as much as possible, OF the popular feel
ing, which surrounds hin, the brief compass OF
some few days or weeks may allow. This deputy
is, in fact, to decide the cause, and to return with
the record in his pocket, and, in state of perfect
disinterestedness To lay IT. or cause il to be laid,
the table oil his associate Justices for their decision.
ask, should judge, situated, be required, ought
he, indeed, TO be permitted, to decide again the
same question, to Influence. in any degree, that
decision! Surely this Is, in some sort, mockery
OF Justice. The effect to be produced, and. as it
seems, intended 10 re produced, by the extension
OF this much toased circuit court system, is, tina,
the same judge shall decide the same cause twice,
which he will do, if he first sways the opinion of
lie district Judge and his associates the bench
OF the Supreme Court be equally divided. VIVA,
influence the esprit du corps of every body may
give him over his associates, In sustaining his first
Judgment, have experience to guide me in fix
ing, but by reference 10 the feelings and sympathies
of the purest and best men, who being but men,
| not nfallible.
differ. therefore, sir, essentially, and diame,r-
cally, from the gentleman of Massachusetts, in
thinking the circuit system, here, better than that
OF England. The very circumstance that our cir
cui, judge does, and the English Judge does not
pronounce opinion upon the cause in the ,isi
prius court, marks obvious difference to the
prejudice oil our SYSTEM and that prejudice Is aug
mented by the fact, that the English Judge has not
al Westminster, that absolute power, with his as
sociaes, OF fina adjudication, that our Judges may
and do, lawfully, and necessarily, exercise, at
Washington. And to this / add one physical
quality, that this du,y, in little island cultivated
garden, and in,ersecied by canals and ARTIFICIAL
roads in every direction, can be better performed
there and with less sacrifice of valuable time and
health not less important, than in the United States
OF America.
| 1t is urged, sir, that, unless our Judges of the
Supreme Court travel to the states, in which the
causes they have 10 determine, originate, hey must
need of local knowledge, both OF the peo-
pie, and the practice of their courts essential 10
correct Judgment. have already stated the general
contentnlent afforded by the decisions of the dis
trict Fudge, where he has no associate from the
Bench OF the Supreme Court; but the true answer
TO this objection is, that the questions 10 be de-
cded on an appeal, furnished by the re-
cord; and moreover, illustrated and explained in
every case of real difficulty, by counsel of un-
questioned ability. And in those cases which
have given rise 10 the loudest complaints of error
the part Of the court ITSELF the counsel engaged
in the argument, have possessed, with ample local
knowledge, The most consummate ability, and The
opinion of the court has reflected the greatest lus-
ire upon the talents and learning which adorn the
bench.
| Bat, Mr.. Chairman, the main argument against
this bill, which extends greatly the present cir
cult court system of the United States, is in truth
| furnished BY the honorable Chairman who has re-
| ported it and such, truly say is my opinion
OF that geneman's legal ability that, when can get
an argument which has his o 4. \ sanction, prefer
ITO any which my own invention could possibly
| supply.
| in the latter part Of his speech, yesterday thai
honorable member, and, in quoting him am hap
py TO find that my coPous of his speech ac-
cordwith the language ofthe prned report oft which
hold in my hand, observed that the circuit svs-
TEN, meaning that which he desires TO extend must
be OF transient duration. If this prediction and
| readily coniide IN it, be irue why cucumber us now
with three Judges and the corresponding ma
chneTy of this bill? Certain complaints exis, in
Kentucky. Is il wise. hen, to make cumbrous
and durable provision for evil both transient ,nd
crcumscrbed?
| So extended an apparatus serve only to
| create obstacle TO that indispensable and
permanent change of system which the gentleman
tells us he already anticipates, before the passage OF
bill which must greatly tend to obstruct its future
introduction.
The honorable Chairman has even prescri-
bed the period of the coinmeDc ement of the new
system. But should be glad know why it
NAV not earlier happen' In the ordinary course
OF affairs, Florida, Arkansaw, and Michigan,
may be expected, in very few years, 10 be
admitted members of this Union The shape of the
first will require probably two courts, and each of
the two last will be entitled to at least Ano-
ther Judge, or two more, must, then. be added TO
the bench OF the Supreme Court, on the principle
which, in my opinion, eypediency now sanctions
Of relieving the Judges OF the Supreme Court OF the
labors of their circuits. Let u.s. then, al once
adopt it, 10 restore perfect uniformity TO our
judicial system. which, so long the absence of
it furnishes plausible ground Of complaint cannoi
but be cause Of regret
Some Of our present Judges have become old
men. They venerable for every moral worth
as they are for their advanced age. Their constitu
tons cannot have been improved by the Iaborious
performance OF their public duties; by increasing
which, in the mode proposed by the Judiciary
Committee, you will not proportonaby augment
that physical ability TO discharge them, which time
is, slowly, trust, but certainly wearing away
Or, IT delay Of change be expedent, preserve
little longer, the present system, till the Western
limits Of The Union embrace the only incorporated
territory beyond the Mississippi and the rising
States of Michigan and Florida.
Sir, the immediate enlargement Of this court may
crafty IN some very inconsiderable degree, the
pride OF those States who may supply the three new