Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-06


faculties, in this, more than IN almost any other
employment. would have the judicial Office
filed by him who is wholly Judge, always a
Judge, and nothing but Judge. With proper
seasons Of course, for recreation and repose, his
serious thoughts should all be turned to his Of
fetal duties-he should be omnis in hoe. think,
Sir, there is hardly greater mistake than has,
prevailed occasionally in some OF the States, Of
creating many judges, assigning them duties
which occupy but small part OF their time,
and then making this the ground for allowing
them small compensation. The judicial Of
fee is Incompatible with any other pursuit in
life; and all the faculties Of every man who
takes it, ought to be constantly exercised, and
exercised to one end. Now, Sir, it is natural
that, in reasoning on this subject, should take
my facts from what passes within my own
means Of observation: if l am mistaken in my
promises, the conclusion, Of course, ought to be
rejected. But suppose twill be safe to say,
that session Of eight weeks in the year viii!
probably be sufficient for the decision Of causes
in the Supreme Court: and, reasoning from
what exists in one Of the most considerable cir
cults in the AtlanticStates, suppose that eight,
ten, or at most twelve weeks, may be the ave-
rage the time requisite to be spent by Cir.
cult Judge in his circuit court in those circuits.
IfthiS be so, then, f the Courts be separated we
have Supreme Judges occupied two months
out of twelve, and Circuit Judges occupied
three months out of twelve. In my opinion,
this is not system either to make, or 10 keep,
good Judges The Supreme Court exercises
great variety Of jurisdictions, it reverses deci-
sions at common law, in equity, and in admiral
ty and with the theory and the practice of all
these systems it is indispensable that the juGg
es should be accurately and intimately acquain-
ted II is for the committee to Judge how far
the Withdrawing them from the Circuits, and
combining them to the exercise of an appellate
jurisdiction, may increase or diminish this in.
formation. But again, sir. we have i great va
riety Of local laws existing in this country,
which are the standard Of decision where they
prevail The laws of New England, Maryland
Louisiana, and Kentucky, are almost SO many
different codes. These laws are to be construed
and administered in many cases, in the courts
orthe United States. Now is there any doubt
that Judge coming on the bench of the Su-
preme Court, with familiar acquaintance with
these laws, derived from daily practice and de-
cisions, must be more able, both to form his
own Judgment correctly, and to assist that Of
his brethren, than stranger who only looks at
the theory This is point too plain TO be ar
gued. OF the weight OF the suggestion, the
committee will Judge. Itappears to me, con-
TESS, that Court remotely situated, a stranger
to these local laws in their application and
practice, with whatever diligence, orwith what
ever ability, must be liable 10 fall into great
mistakes.
May l ask your indulgence, Mr.. Chairman,
to suggest one other idea: With no disposition
whatever to entertain doubts as to the manner
in which the Executive duty Of appointments
shall at any time hereafter be performed, the
Supreme Court is SO important, that, in what
ever relates to it, am wiling to make assur-
ances doubly sure, and to adopt, therefore,
whatever fairly comes in my way, likely to in
crease the probability that able and efficient
men will be placed upon that bench. Now
confess that know nothing which think more
conducive to that end, than the assigning to the
members of that Court, important, responsible,
individual duties. Whatsoever makes the indi-
vdua prominent, conspicuous, and response
Bile, increases the probability that he will be
some one possessing the requisites to be
Judge. 1t is one thing to give vote upon
bench, Especially if it be numerous bcnch,)
for plaintiff or defendant, and quite another
thing to act as the head of a Court, of varions
jurisdiction, civil and criminal--,o conduct
trials by Jury, and render judgments in law,
equity, and admiralty. While these duties be-
long to the condition Of Judge on the bench,
that place will not be sinecure, nor likely to
be conferred without proofs Of proper qualifca-
TONS For these reasons, am inclined to wish
tina! the Judges Of the Supreme Court may not
be separated from the Circuits, if any other
suitable provision can be made.
Al TO the present bill, Mr. Chairman. it will
doubtless be objected that it makes the Supreme
Court too numerous In regard to that, am
bound to say: that my own opinion was, that
the present exigency of the country could have
been answered by the addition of two members
to the Court. l believe the three Northwestern
States might well enough go on for some time
longer, and form Circuit Of themselves, per
haps, hereafter, as the population shall increase
and the state of their affairs require it. The
addition of the third Judge is what assent to
rather than what | recommend. 1t is what
would gladly avoid, if could with propriety.
But, on the subject of the number Of Judges,
admit that, for some causes it will be inconveni-
emily large: for such especially as require investi
cation into matters Of fact, such as those Of
Equity and Admiralty; and perhaps, for all pri-
vate causes generally. Blu, the great and lead
ing character OF the Supreme Court; its most
important duties and its highest functions, have
not vet been alluded to. 1t is its peculiar rela-