Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-09

which the people nave Hdu III 10 i"N6'iJ ""u
responsibility, will be shaken. He was sure, II
the gentleman from Massachusetts could take
up this view ofthe question, he would present
it to the Committee; with power OF thought
and expression, vigour of intellect and sound
ness of Judgment; to which he who now adj
dressed the Committee felt his feeble powers
utterly incompetent. If that gentleman could
be convinced that this change tended to evil, he
would picture that evil to the House with more
effect than any other member on this floor.
No danger can be apprehended from the pre-
sent constitution Of the system. There might
be discontents relative to particular decisions,
but they would lead to no evil results. The
State Of Virginia was disconnected with the
decision in the case of Cohen; and Ohio, with
that in the case Of M'Culloch but if their dis
contents could pass the limits Of their own ter
ritory, and reach two States, there the progress
Of the infection would be terminated.
The responsibility of the Supreme Court can,
in no way, depend on its numbers. He would
refer gentlemen to the courts of law in Eng
land The Kings Bench had only five Judges,
while the highest Court, the Chancery Court
of that kingdom, had only single Judge, the
Lord Chancellor. In New-York, the number
of the Judges had been reduced to three: and
this revolution was produced by the votes OF
the people, a majority of $4,000 voices calling
for the reduction. Even if the number of the
Court could be increased to ten, and even to
twenty Judges, he did not see how this could
increase personal intercourse between the Judg-
es and the people; or how any other test could
be discovered, by which the people would be
able to decide on the character and qualihca-
tons of the Judges and that is the opinion OF
the learned members Of the profession who
form the link-and the only link, Of profession
al intercourse between the Judges and the peo-
pie. The gentleman from Massachusetts would
have "Judge always a Judge, altogether
Judge, and nothing but Judge" But the
tendency of this bill is to make them time
servers, and to induce them to be all things to
all men. Has not the Supreme Court, in It's
present form, been regarded with vener.tion
Is it not now adorned by talent and virtue Has
not the gentleman from Massachusetts, himself
given this testimony? The experience Of Sc
years has produced nothing to shake this OPT
Mon So far from personal popularity having
any influence on judicial decision, or producing
it, he could point to an instance which would
stand as a striking and conspicuous exception
to the proposition. The Judge who now pre-
sided over the Supreme Court with such sim
gular ability, though venerated and beloved in
the state Of Virginia, happens to have differed
from his own stale, in all the decisions which
he has made on the subject Of constitutional
law. II we were to frame the Court according
to the law introduced by the gentleman from
Massachusetts, we should open the door to the
admission oil great evils. The Judge could
derive no benefit from an extended intercourse
with the people; il could not advantage them
in the way of instruction; and 1t ought not to
bias their judicial opinions. Let US go on as
we are Regarding the Supreme Court as our
sheet anchor, we should be cautions not to part
from it, and thus leave the vessel Of state ex-
posed to the rocks and shipwreck.
He was not indisposed to accord TO the West
any reform which would produce to them the
benefits they expect and wish. lie was not un-
willing TO conccde to them all they ask, if they
would leave the Supreme Court in its present |
sound and tried condition. If his motion TO
strike out the first section should prevail, he |
would be willing to rccommit the bill, and to
recommend reduction Of the Judges, when |
the first vacancy should occur, to six !; and sub |
to five; to divide the country into |
nine districts, and for each court Of more than |
one district, to allot Supreme Judge to sit |
with the District Judge as often as might be |
necessary. He would be willing that the Dis
trict Judge should exercise maritime and adj
miralty Jurisdiction, and from the Admiralty
Court, that the first appeal should be to the
Circuit Court 10 that particular circuit. You
will multiply evils, if you induce want Of
confidence in the Judges-in those who COM
pose the Court How liable. in cases Of sick
ness or accident, will you make the decisions
of the Court to revisals You will dam up JUS |
tice in the Court Of Appeals, by increasing the
difficulty of remedy.
On reviewing the remarks which he had felt |
it his duty to make, he never was more sensible |
Of his own feebleness. He found it utterly i'm |
possible to speak where the echoes COMPOUNDED
his voice. He had endeavored to suggest some |
few ideas, more in the hope Of arresting the pro-
gress Of the bill, and inducing other gentlemen,
of more power Of mind and expression, to
come forward, than of eplghtening or guiding
the decisions Of the Committee.
VIRGINIA IEGISIATIyRE