Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-14

pie of the different states that they may be inspir
ed with caution, and taught to impose restraints
and qualifications the general provisions oflaw,
which, however cautiously expressed, often require
Limitation and modification. by such means, The
Hon. Chairman proposes TO conciliate popular
feeling in behalf oil the court and TO secure 10 it'll
wish 10 do him Justice the public support and APP
probation.
Sir, il though, this sudden increase Of the mum.
Der of the court calculated by all its consequences,
even their general result, To lead To this end,
would heartily concur with the gentleman from
Massachusetts in advocating the bill by which he
propo.es,o accomplish il. The opinions OF man
Lind naturally attach says the gentleman, "more
respect and confidence 10 The decisions OF a court
somewhat numerous, than to those oi one composed
of a less number Mr.. Chairman, know that |
have never sought TO acquire, and am very con
scious that do-not possess, one moie'y OF that
gentiernan's information, all subjects OF a pro-
fessiona and legal character. He has given US an
able BECAUSE concise, and comprehensive history
of our Federal Judiciary, in which we have seem
that but enlargement of the Supreme Court has
been matte since its first Organization, and that a
reduction of its former number once proposed,
and carried by act Of transient Duration; but, Of
which, presume he did not disapprove. That act
provided for a reduction OF the number OF judges
TO five, a. did the bill which TO us but six
years ago from the Senate. l should have been
gratiied If the Hon. Chairman had Civ en- us, what
he could have done wiIh so much readiness, the en-
perence OF The several states upon the same sub
lec.. / regret that Ibis duty devolves upon me,
Instead of gentleman possessed of 80 wide range
OF legal information. The result OF rny limited
experience and observation, does not accord with
that Of tie honorable mernbet from Massachusetts,
III any of tie moral reflections by which he recon-
Giles, to his own Judgment, his recent change OF
sentiment in regard TO The best possible structure OF
Federal judiciary.
There exists, believe, Mr.. Chairman, not a SOL
starry example in the world, Of an appellate court,
Ut the highest resort, composed ot as many as ten
even nine judi es---,he number preferred by the
gentleman from Massachusetts. In New York,
the Supreme court consists of bat three judges; In
South Carolina of three only, in Louisiana, OF TO
greater number; IN Virginia, where It's number was
once three, il is now Ave, and, believe there IS
not a state in this Union wherein there exists a
Court of Appeals, in the last resort having great
or number OF Judges. n friend near me, says,
that in Maryland, this court is composed OF SIX
Judges this, then, is solitary exception, and aids
my argument by the authority of learned member
from Pennsylvania, once himself Judge All
these courts believed TO la.c the confidence oil
the people whose laws thew expound, and whose
respect for their judges will where be found TO
be proportioned to their number.
In New York, the number Of TIE judges OF the
Supreme Court has recen,lJ been REDUCED from five
10 three only and this change accor panied and
constituted a striking feature OF change OF the
polii cal constitution Of that populous state, effect
eL by net, m-joyiiy OF six and twenty thousand
voices. May be permitted TO borrow authority
from a5roali, and 20 inquire if the courts OF West
Minister whose egfiiy, at least, has rarely, ii
ever, been mpeaci.ed, derive their authority and
Influence from the number OF their judges? The
Courts OF Kings Bench, Common Pleas, and OF
the EXchequer chamber, have four judges each
An appeal but seldom made, lies, indeed, from
their separate judgment, 10 tho House o! Lords,
over whose deliberations another judge, the sole
Chancellor Of England, and highest law officer oil
the British Empire, presides.
Tie authority which the decisions OF these foreign
tribunals still carry with them in the courts oil our
own country, points 10 the true origin Of the re-
spect and confidence Of any people in the wisdom
.and integrity Of their judges. That OF the people
of these states, In the Supreme Court OF the Uni
ted States, has the same, it has other. II ne
yer had any Other, and i. needs no other iounda-
ton.
Swell their number from to ten, from ten
20 twenty, and still, what proportion will that
number bear len millions OF people Let them
traverse the country 10y day and night, aud study
wherever they 20 the popular feeling, and what
harvest would they reap, BIZ, Of contempt, If study
ing the popular favor, they sacrifice 10 1t one srru-
pie Of iha, justice which has its du'ies earth,
but is fastened to the throne OF The eternal by an
adamsntine chain
The merit OF the supreme court of the United
States is manifested b. its written opinions; by it,
learning lis truth, and It's consistency-the certain
pledge and firm assure &c Of its diligence, ability,
and integrity. Betweeo he K oVledge Of these
qualiie- and the peop'=, he only link o. connec-
tion consists OF that profession trained to the study
and practice of the law competent TO estimate just
" the merit derived from the eminent portion
ofheir own, and set above them 20 be their light
and counsel. Even their Knowledge OF Judge
cannot be deduced from familiar Intercourse, but
from the perusaI and examination OF his opinions.
IN the intervals oil LEISURE judges, like other men,
prefer any other topic OF mere conversation TO the
dry and lsborIous duties OF the bench. Ot the pc
culiar Investigations depending, or likely TO come
before them, crcuInspect and vigiiant sense OF
duty imposes upon them even studied silence; and
it is not a small evidence of this that the judges Of
the very couu, of which l speaking, debar
themselves ofmos Of the pleasures of social inter
course, an obedience TO sacred regard for their
high ard solemn duties. And so Tar from this Sc
partition having impaired, it must, wherever known
and justly appreciated augment their reputation
Were your judges sir, admitted, at an earlier age,
upon the bench OF the supreme court, il might, IN
deed iop,ir their usefulness but surely, at the age
Of forty-iye or fifty years; and sooner no man
should mount thai bench, hey will have acquireda
s1fica. stock general knowledge, in relation TO
a. 80 ordinary interest OF society, TO avail them
5i Ha slogies which common sense sup
earning RS he investigation of practical
Gra philosophy of,he gentleman from
.-.ir- % he education Of the bar
.i'Ies o. ne bench; bu: if 70 any
......, u.. m; o. the saprene court Of
o.. O.. ...i"-., indeed, the power Which
+c. les hes occur, shall be mise
e. "a G, eque'ce do no, ppre
tt. = i'd. should Dc cap-ble of riii"g
opinion uHdor .eily; Fad, with TWEEN y-iour su-