Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-24

bly, OF legislators, CHOSEN ior snort POROUS,
and of anumber as great as that OF which Con-
eress is composed, anxiously anticipating the
result of an approaching election, willing to
latter popular prejudices 10 procure short
lived popularity, faction might rear its head
among them but Judge, who receives sa-
larry Of four thousand five hundred dollars per
annum-not more secure in the tenure OF his
Office, which he is to hold during good beha.
yiour, than in the amount of his salary, cannot
be suspected Of a disposition to faction: he is
above the atmosphere Of popular prejudice, or
popular excitement ;-por popui zoe Del is not
the motto of his credible is satisfied with the
existing state of things: for he could scarcely
calculate on change which would better his
condition.
But, MIR. Chairman, comparisons have been
instituted between our Judiciary system and
that OF England, and it was insisted that small
er number Of Judges had there been found suf-
6cient to determine all the legal controversies
of that uneqaallcd people. Mr.. B. said he was
willing to leave gentlemen to enjoy their OPT
Mons. and to pronounce their eulogiums upon
the Judiciary, and if they please, the Govern
ment, Of England: his part, he considered
neither the one nor the other as presenting TIT
models for the United States. Yet even there,
on appeal, in the last resort, (although he wish
ed to be understood as protesting against the
comparison) causes are decided by the House of
Lords, aided by their twelve Judges. We have
also been old that in all England, there is but
one Lord High Chancellor. But if the gentle
man will turn his attention to the Judicial
history OF England, he will find that such
have been the vexatious delays in Chancery,
under the English system, that they have a.
mounted to denial of justice. 1t has very Of
ten happened that one generation Witnessed the
commencement of cause, and another, its end
But, sir, it appears that we are not only to re-
gard the English judiciary system as worthy
of imitation, but that we are also to admire E.
ven its anomalies. Our attention has been call
ed to Wales, by the gentleman from Virginia,
(Mr. PowelD who informs us that the courts in
Wales are as distinct from those in England as
from the Courts in the United States. This is,
believe, an error. An appeal lies 10 the courts
of England. But slight attention to the his
tory Of that country will shew US, that this a
nomay as to the courts of Wales, was not the
result Of the choice of the English Parliament,
but rather of necessity Wales remained, for
several centuries after the Saxon invasion, un-
conquered and independent Of England. The
lar Prince Of Wales. A statute, in the reign of
Henry the Eighth, placed them on the footing
of English subjects, in most respects, except
that they we're permitted, as matter of favor,
as we are told by the English writer's, to retain
their courts independent of the process from
Westminster Hall. And six States of the Uni
on are now TO be permitted, J. suppose, as a
matter Of sheer favor, to retain district courts
with circuit court powers, in which Judge,
with salary of $500 or 1000, presides, while
the remaining States are to have circuit courts
with aJudge of the Supreme Court.
1t has also been urged, that an increase OF the
number Of the Judges would be calculated TO
weaken the responsibility of each, and render
The argument is utterly un,enable. Will not
theJudges be compelled to give their opinions in
writing as at present, subject 10 the inspection
of the world, and can it be supposed that a
Judge, occupying so exalted and conspicuous
station, will be willing to hazard his repula-
ton for legal learning, under the hope that his
brother Judges will share with him the dis
grace9 AS little is it 10 be expected, that the
Executive will select careIessly, or if even he
did, thatthe Senate would confirm the nomina-
ton, because there would be ten instead Of Sc
ven Judges.
But Mr.. Chairman, continued Mr. B. it is
principally with an eye to decisions on consti-
tutional questions, that believe an increase in
the number of the Judges is most to be desired;
and in this point of view, there is not the slight
est analogy between our Government and that
Of England, or any Of which have any know
ledge. The English government is composed
of two branches only-the Legislative, compos-
ed of the King, the Lords, and Commons, and
the Executive of the King only, who, through
his Judges, administers justice, and by the pro-
per officers, executes their Judgments The
Parliament is Of course supreme. The English
courts have no great constitutional questions
to settle; no power Of the government to extend
by construction; no will of sovereign States to
control. They have nothing to do but to ad-
minister justice according to the principles of
meum ct tuum. But, Mr.. Chairman, we have,
in my opinion, arrived at point, at which we
are bound either 10 extend the present system
or to adopt the plan of 1901. Shall we hest
tate which to do, when not only reason but ex.
perience, the best Of all guides, points out the
path SO plainly? Are there not alarming evils
to be apprehended by confirming the Judges to
the bench Of the Supreme Court only! Let it
not be forgotten, that there is an extensive ju-
risdiction conGded to them, unequailed by that
of any court in the world. From the nature Of