Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-02-02
THURSDAY, FEBRUARY ., 1926.
Ma. BURGESS SPEECH on rak JUDICIARY BILL
Concluded

Concluded.
Judpes. we are told, sir. are 10 learn by ira
vel. Whittier, how, and address sing themselves
10 whom! Not to visit law schools, or colleges
Of civilians; not as the Solons oil Platos OF an
tiouity travelled 10 consult the initiati OF Sais
the Sanhedrim Of Palestine, or the disciples oil
the Persian Zoroaster. They must, however
have the benefit of travel; and if so, in the com
mon method i'm coaches, wagons, solos, gigs
carryalls; in steamboats,, packes-boats, and fer
ry-boats; receiving the full benefit in eating
houses, taverns, boarding houses, "and bar
rooms, of the conversation Of learned tapsters,
stewards, and stage coach drivers. No man, |
must own, who travels in the ordinary method
and Judges can hardly afford to travel In differ
emit style-will lose any portion Of the several
sorts of accommodation and instruction. Judg-
es will, in serious truth il is said, by travel,
mingle with the people, and often come in con
TACT with them. Will they mingle with the
moor. the ordinary? With mechanical men;
with middling interest men; with the great
community Of TOLL and sinew, and production!
No, sir, they can do no such thing. Let them
have the humility of Lazarus, and the versatile
affability of Alcibiades, and they can do no
such thing There is to such men, as 1t was
once said Of learned judge-than whom no
man ever bore his honors more meekly-there
is. say, 10 the feelings of such men, around a
Judge, kind OF repulsive atmosphere. They
stand aloof, and give him large room. They
bow, not indeed with servility, but with pro-
found respect; and look towards him with a
kind of hallowed reverence, as one set apart,
and consecrated to the service, and surrounded
BY the ritual Of justice. With all these men,
the Judge can hold no tangible communion
The assurance of wealth, the confidence OF rank,
Office, power, will press through this medium,
and come hand to hand with him. Do the gen.
tlemen, sir, mean to say, that for such purpo-
ses, Judges should mingle with the people!
Sir, Judges of the circuits, as we are told, are
tn communicate to the supreme court their va
rious local knowledge? How? Yes, yes sir,
how? By books or by parol? The facts, in
the appealed causes, are placed on the record;
the law on which they have been decided is,
like the ballad of the ancien, bard, committed
10 memory; and is to be said or sung, in open
court. In this manner, each of the ten Judges
of the supreme court is TO learn all his know
ledge Of the leges loci, governing appealed eau
ses. He may possibly know, and by the rea-
sonings on this bill, he is supposed to know.
l-lOth part ofhis legal alphabet Of ,wenty-four
parts of letter This may comprehend all
the erea, doctrine Of locatives and entries, as
the same was learnedly expounded to us, early
in this debate. The court, sir, who try the APP
pealed cause must, according to the arguments
of the friends Of the bill, learn the FACTS, the
Law and the decision, from the Judge who tried
the cause in the court below; and who, IN sus-
tanning his own decision, is interested by the
pride of opinion, the pride OF character, and the
ayarice of fame; and who, II he do not produce
the books from which he drew his law, ought
to Mace over his oral tradition Of ii, the Scotch
bard's apology
Icannot say how the truth may be;
Itell you the tale as twas told to me.
will this mode Of procedure, sir, secure to
ssnnellan,s the benefit Of second trial! vi the
facts there can be, there needs no second trial.
thew are ascertained and placed on the record.
They are to measure the facts by the law, and
observe if that measure result IN the former de-
c;sion. Who places this measure in their hand!
The nudge who measured the article and placed
the amount on the record If the Judge hon
.s,,v piye the law, as he understood, and still
understands il 10 be, the supreme court must
understand il as he understood 1t, and the cause
mus, be decided as he decided it. You weigh
the same article at the same scale beam, with
the same weights. Its weight must DC the
same The beam may be out Of balance; the
weights too light or too heavy These men,
ameasurinp themselves by themselves, are not
wise" If you measure the same thing oy the
same thing, ten thousand times, you cannotde-
rect single error. Would you, sir, old this
repetition Of error? Give your supreme court
check on the circuit Judge. What shall 1t
be? A knowledge Of the laws. If, therefore,
sir, your supreme judges are qualified for SUI
preme Judges, and all the nation know that they
are. theirexists no inequality in their know
LEDGE of local law; but if that inequality do ex-
;st the provisions of this bill cannot remove it.
Sir. this bill proposes to add three Judges to
the supreme judicial court, and to make the
number ten This, if remedy fos the evils at
the West. is none for those at the very vitals
Of the iudiciary-the accumulated mass of eau
So, which have laid in the supreme court till,
,;ke an Justification in the heart OF the animal
ha,lv. they paralyze pulsation, and obs,ruct the
Wholesome circulation Of justice, TO the very
s.,remities of the body polite. The bill pro-
nose. for this evil no other remedy than three
psda;,;onaI iudges. Can ten men do more Ju-
5;c;al labor than seven Can perform. Morai,
like mechanic or mathematical truth, Is DISCO