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

We are asked by the same gentleman, II we
would require Judges to perform Hercqiean
tasks, beyond human powers; and ne INFORMS
ne that Judge Todd has sunk under the weight
If official duty imposed upon him. For one'
he would reply no; he felt no such disposiaon'
and he deeply lamented the effect OF the sys-
tern upon the enlightened Judge alludedto. ne
would go heart and hand in preventing sucn
results, and in affording the most complete ana
eaec,ual remedy But in doing SO, he wouia
use his feeble efforts to save the Country from
the consequences of further increase OF the
number Of Judges on the supreme court oench:
but especially he would resist the principle oil
extension which, If now sanctioned as conten-
ded for. will be carried to an extent beyond
what anv of our imaginations can CONJECTURE
The Country West and Northwest OF Mlssou-
p; will. at some future day, be cut up into
Sta,es When the Union is thus extended, x
our incubation proportionably increased, what
number of Judges will then suffice! when
,hese circumstances occur, instead OF ten Judges
following up the principle and policy OF the
! nres-nt measure, it would not be- extravagant
TO saw. that there will be perhaps thirty Judg-
pc ON the bench Of the supreme court. he
chairman OF the Judiciary Committee had In
deed anticipated this objection; and had said,
that when necessary, the sl stem might De a.
bandoned, and some other substituted. III
that gentleman should live to see that day, and
should be in the councils OF the nation, he would
Mace all confidence in his efforts. But when
ever the time shall arrive. the question VIII De,
Shall the system be extended to meet the exl-
eencies of the Country? and will be controlled
BY the same considerations. If the gentleman
from Massachusetts, with all his powers OF
reasoning, should then present himself In opPo-
sition to the measure, he would be met by the
same popular argument, which is now insisted
upon. and be told, "would you deny to us, who
constitute portion of the Union, standing IN
the same relation to the Government, as every
other part, participation in the Judicial sys,
tenn, long established upon principles nal lowed
by time? He would find ii Impossible to re-
sist the current: it would have gained strength
with time and circumstances. Even now, al
though the gentleman from Massachusetts has
expressed his repugnance to an increase OF
Judges beyond the proposed number, other
honorable gentlemen openly advocate the prln-
chile, ad k6it4a, as the true one on which the
Judicial system should be-, not only now, but
hereafter, extended.
had proposed to himself. The gentleman
from Pennsylvania, Mr. Buchanan0 says, the
enactment Of this bill is especially necessary IN
relation to Louisiana. Why is it so? The re-
ply is, because the civil, and not the common,
law, is the lee loci Of that State, and therefore is
it necessary that circuit Judge should travel
thither to return to the discharge OF his appel
late duties on he supreme bench, loaded with
the principles Of Justinian Is 1t necessary to
travel into Louisiana, and hold circuit courts
there, to attain knowledge OF the civil law!
The adoption of this conclusion presupposes
tina, the Judges OF the court are not civil law
vers--not versed in the most important elements
Of the profession. He held that Judge OF the
supreme court, TO be qualified for his high sta
ton. ough, to be as familiar with the civil as
with The common law. He had been taught to
believe, that the common law was not perfectly
and scientifically attainable, without knowl
edge of the civil law They are frequently so
interwoven that it is necessary to trace princi-
ples of common law to the civil, for their tho
rough calculation. We certainly have the au-
tbority of Mansfield for the truth of this .po-
sitou. Another answer to the gentleman from
Pennsylvania, he suggested. A learned Mem
Der Of the Bar, who represents, with SO much
talent, portion ofLouisiana on the floor Of
this House, has employed his great mind, and
experience as jurist, in forming Code Of
Law for that State. When this Code shall be
perfected, and belong to the law Library, where
will be the necessity Of sending a Judge to
Louisiana to become acquainted with the Code
thus digested and reduced to system? But
again, although the civil law is the lea loot Of
the State, we hear no complaint that injustice
has been done in the appellate decisions of the
supreme bench, because the judges are igno-
rant of civilian AS far as his information ex-
tended, he believed that the Judge in Louisi-
ana had gone on tremendously and satlsiattori-
ly,in the fu6lment Of his official duties.
Mr.. P. said he had thus taken hasty view
of the evils said to exist in the nine Western
States. He had protested, and he still profess.
ed. his willingness to extend, on any rational
plan, as efficient remedy for the exigencies as
could be provided. His objection to the bill
grew out of his unqualified hostility to an in
crease of the number of Judges upon the SUI
preme court bench, and especially to the idea
Of continuing to extend the circuit court sys-.
TEN, as occasion might require, as settled
policy. If however, it could be shown to his
satisfaction, that no efficient remedy could be
successfully applied, without such increase, he
would yield his objections and abandon his OPP
position to the measure. He would consent to
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