Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-21


meet the views and wishes Of the States West
of the Allegheny. These propositions being
conceded, and it being evident that, for all the
purposes of substantial justice, for the due and
faithful administration of law, the additional
number of judges proposed ought not necessa-
rily to be additional members Of the supreme
court bench-he considered himself warranted
in the conclusion, that there really existed no
necessity, evident or even persuasive, for the
increase of the number of judges on the bench
Of the supreme court; and that the bill, in its
present shape, ought not 20 pass, providing for
such an event. He had no objections to as ma
ny Judges as may he needful to satisfy the just
and reasonable wants Of the West but let us
not touch the organization of the supreme court
IN any respect, as it now exists. His tavorlte
rule, in all matters of this sort, was, to let
good-enough alone. Let US bear in mind a
most interesting fact, to which all would yield
assent-that, for our national character abroad,
as we'll as at home, we are at least as much in
debted to the supreme court, as to any other
department ofthe Government. Notwthstand-
ing occasional murmurs have been heard, some
of them occasionally from his native State, a.
gainst its decisions, it has satisfied the People,
and Justly attracted and commanded the admit
ration Of foreign nations. It's decisions will
challenge a comparison with any court in the
civilized world. Judges have adorned its bench
who will not suffer in reputation when placed
by the side Of Mansfield Kenyon. Let
us not touch this important and valuable branch
of the Government, unless we are called on by
considerations imperiousy demanded by the
happiness and security of the country, which
cannot be conscientiousy resisted. He deman-
ded of the friends ofthis bill, ifsuch an occasion
existed, to shew il by argument.
Mr. p. said, before he proceeded to consider
the second question presented by the bill, he
felt bound to advert to several incidental ques-
tons, not involved necessarily in the discussion.
His first reference should be 10 what honorable
gentlemen had called the political character OF
of the court, as connected with its organization.
He regretted that such an appelation should
have been applied 10 the supreme court, or any
other judicial tribunal Of this country. The
presiding Genius Of Justice is represented
blind Judges should have no political opin-
ions, or sectional feelings. Like the emblem
they represent, they ought TO be blind to the
party or sectional policy or views Of the Co
vernment under which they administer the
laws. They should not only be free from po-
litical character, but also free from the intlu-
ence ofneighborhoo6 associations on their feel
ings. Ii is common law, and civil law prin-
ciple also, that Judges and governors ought not
to be appointed to administer laws, or preside
over the administration of the law, in the place
of their nativity. This truth is impressed upon
the recollection of the profession by the horn
book ofthe science 1t would be to every gen.
uine lover Of his country, startling reflection,
that the courts Of our country were to be intiu-
enced by political or sectional feelings. A
greater curse could not be inflicted upon our
country by benign Providence.
1t has been said that the organization Of the
supreme court ought to be regulated with re-
ference to their power to settle constitutional
questions. Ii may be, said MIR p, that do not
correctly comprehend the argument Can this
court settle constitutional questions in the alb
stract? Can it settle questions of this descrip-
ton, so as to bind US in our Legislative charac'
ter? He denied the position. Can they settle
such questions so as to blind the Executive
branch of the Government? For one, he was
ready to say that he yielded his conscience 10 no
earthly tribunal. However much he respected
the supreme court and the wisdom OF its adJu-
dcations on constitutional questions, still, it he
differed with them, lie should follow the die
tates Of his conscience. AS to the Executive
department Of the Government, we have haG
practical testimony that he-Executive does not
consider itself bound by its decisions. The va
rious adjudications on questions involving the
constitutionality Of the Bank of the U. States,
had been made by the supreme court; 1t was
considered by many that the question was at
rest, but it was afterwards ascertained that the
then President did not hold himself bound by
such decisions.
One other remark: Is not the present time
unpropitious for the extension Of the present
system upon the avowed policy? Ought it to
be resorted to If it is possible to avoid it, espe-
cially as the principle Of extension is avowed 10
be the policy of permanent system as to the
whole Union. Strong jealousies already exist
in relation to the powers ofthe Federal Govern
ment: and although he explicitly disclaimed be-
longing 10 that class politicians entertaining
these ealousies-believing as he did that, while
the General Government moved on as 1t now
did, there could be no danger-yet, he could
discern the point which marked the limit, and
beyond which all is fearful. The supreme court,
augmented and extended upon the avowed prln-
cipe of permanen, policy, would be an over
shadowing tribunal. 1t would fling into the
shade the State courts. Its numerous Judges
mingling with the People of the various Sec
lions of the Union, and exercising the influence