Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-10

we recur 20 the system of Circuit Courts? invoke
. the attention of the Committee to this question;
because thinking the one or the other inevitable
wish for the mature Judgment oi the House on both
In favor Of the Circuit Court system, it may be
said that il is uniform, and may be made TO apply
10 all the States equally: so that, If new States
| come into the Union, Circuit Courts may be pro-
| vided for them without derangemen, to the general
orpanixation This, doubtless, is a consideration
entitled to much weight. II is said. also, that. by
separating the Judges of the Supreme Court from
! the Circuits we shall leave them ample time Tor
the discharge of the high duties of their appellate
jurisdiction This, no doubt, is true: but then,
whether il be desirable, upon the whole to with
draw the Judges OF the Supreme Court from the
Circuits, and to conhne their labors entrel, to the
| sessions at Washington, - a question winch has
most deeply occupied my reflections, and in regard
| TO which am free 10 confess, some change has
/ been wrought in my opinions. With entire respect
| for the better judgment OF others, and doubling,
therefore, when lind myself differing from those
who arc wiser and more experienced, am still
! constrained 10 say, that my Judgment is against
Withdrawing the Judges of the Supreme Court from
/ the Circuits, if II can be avoided. The reasons
which influence this sentiment general, aud per-
haps may be though, indefinite and uncertain to
guide in measuresof public importance; they never
thecss appear 10 me to have weight, and will
state them with rankness in the hope that, if they
are without reasonable foundation, shall be shewn
it. when certainly shall cheerfuily rciinqu;sh
them
| In the first place, i,nrpears 20 me that such an
intercourse the Judges of the Supreme Court are
enabledto have with The Profession and with the
People in their respective Circuits, isitsef an OBJ
ect of no inrons,ierable importance. 1t naturally
T.! inspires respect and confidence. and it commun:-
Gates and reciprocates information through all the
! branches of the Judicial Department. This leads
10 harmony OF opinion and OF action, The SUI
preme Court is itself in insulated; has
not frequent occasions of contact with the commit
nifty. The Bar that attends 1t il neither numer-
Gus, nor regular in its attendance. The gentlemen
who appear before il in the character OF counsel
come for the occasion and depart with the
occasion. The Profession is occupied mainly
in the objects which engage it in its own domes-
| tic forums; IL belongs TO the States; and their
tribunals furnish lis constant and principal theatre
IL the Judges of the Supreme Court, therefore, are
wholly withdrawn from The Circuits, it appears 10
| me there is danger OF leaying them without the
means of useful Intercourse with other judicial
characters, with the Profession of which they are
members, and with The public. But, without pirsu-
ing these general reflections, would say, in the
2d place, that think II useful that Judges should
see in practice he operation and effect of their own
decisions This will prevent theory from running
too far or refining too much. We find, in eeisla-
ton, that general provisions oil law, however eau
tiouslv expressed, often require Limitation and mo-
dcation something of the same sort takes place in
judcature: however beautiful may be the theory OF
general principles, such is the infinite variety oil
/ human affairs, that those most practised in then
and cow ersant with them, see al every turn ne
cessty ofimposing restraints and qualifications on
such principles. The daily application of their own
doctrines will necessarily inspire Courts with eau
ton; and by knowledge Of what takes place upon
the Circuits, and occurs III constant practice, they
will be able to decide finally without the impu,a.
ton of having overlooked, not understood, an,
OF The important elements and ingredients of a is
decision.
But further, Sir, I mus, take the liberty of say
ing, that, in regard the Judicial Office, constan-
cy OF employment is, of itself, in my Judgment, Z
good and great good 1 appeal to The convc-
ton of the whole Profession if as general obser-
walton, they da not md that those who decide most
causes, decide them best. Exercise strengthens and
sharpens the faculties, in this, more than in almost
any other employment. would have the judicial
Office filled by him who is wholly Judge, alwa, $
n Judge and nothing but Judge With proper
| seasons, OF course, for recreation and repose his
serious thoughts should all be turned 10 his official
duties he should be Omnis an hoe. think, Sir,
there is hardly greater mistake than has prevailed
occasionally in some of the States, Of creating ma
ny Judges, assigning them duties which occupy bni
small part OF their time, and then making his the
ground for allowing them small compensation
The Judicial office IS Incompatible with any ohcf
pun suit in life and all the faculties G: every man
who takes it, ought 10 be constantly exercised
and exercisedto one end. Now, Sir, it is natural
! that, in reasoning this subject, should take m
! facts from what passes within my own means o.
observation il am mistaken in my premises tb,
conclusion, of course, ought TO be rejected. Bu
! suppose 1t will be safe to say, that session o.
eight weeks in the year will probably be sufficient
! FOR the decision of causes in the Supreme Court
and, reasoning from what exists in one of the most
considerable circuits in the Atlantic States, SUP
pose that eight, ten, at most twelve weeks NAV
be the average of the time requisite to be spent by
circuit Judge in bis circuit in those circuits
If this be so, then. If the courts be separated we
! have Supreme Judges occupied two mouths out Of
twelve. and Circuit Judges occupied three month.
| out oftweve. In my opinion, this is not sys.
TEN either to make, or to keep, good Judges The
| Supreme Court exercises great variety of iIris-
diclions, it reyerses decisions at common law, ir
equity, and in admiralty and with the theory and
the practice of all these systems it is indspensabl,
that the judges should 6e accurately and intmately
| acquainted. Ii Is Tor the committee to Judge how
far the Withdrawing them from the circuits and
| confirming them to the exercise of an appellate iu-
rlsdiction, may increase diminish this informa.
lion. But again, sir, we have a great variety oil
local laws existing in this country, which are IN,
standard of decision where they prevail. The law,
OF ". England, Maryland, Louisiana and Ken
| lucky, are almost many different codes: These
laws to be construed and administered in many
cases, in the courts of the u. States Now i.
there any doubt that Judge coming on the Bench
of Supreme Court, with familiar acquaintance
with these laws, derived from daily practice and
decisions, must be more able, both 10 form his own
judgment correctly and to assist that of his breth-
een, than stranger who only looks at the theory
| 'rhis 4. noinf nlaif, a hn ~