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

10 keep pace with the multiplication Of their cir |
cults the more uncertain must be their attendance
upon any of their duties either original or appellate
and the greater must be the hazard OF Inconsistent
cy in the judgments Of that court which is to inn
par, stability and certainty to the laws.
But why need l talk Of stable or certain decis-
ions when some of the very evils which this bill is
required remedy the frui:ion OF the hope which
it inspires, supposes reversal OF some OF the
| judgments which TIE Supreme Court has already
pronounced? And for this, its prompt enlarge
ment, l admit To be the natural, ii not the only
means. Sir, the end OF the enlargement of the
| court is avowed. 1t is TO fit it for its political
function the expounder of the laws of the States
| and vi the Union, in relation TO each other, TO
| foreign treaties, and to the Constitution of the
Uni,ed STATES. And this political function implies
| sort oil representative qualify In the court,
| serbling that OF the members Of this House, 10
which readily concede, that a knowledge of the
temper. circumstances, wishes, and even passions,
OF thcr constituents is highly important, if alb
soiutely essential, to wise or expedient leSi>la
ton. II justice Were expediency, the exposition
! OF The law It's enaclion, then might the Judge
present his constituents, the wishes oil that
| ton OF country, from which he may he taken, or
/ In which he may reside
| Sir, much OF the exci;emen. which has prevailed
in Kentucky, in relation 10 celebrated decision of
! the supreme court, on the occupying claimant laws
OF tina. state, is attributable 10 an innammatory
pamphlet, which represented it to be the Judgment
OF minority of the court, leaving it to be implied,
that the ma ory could or might have reversed tina,
Judgment. This pamphlet charged the opinion IL
sci. with being that of but three judges, and
rable Judge, ii not the court, with holding back
manuscript copy of their opinion, because he or
they were ashamed Of it.
The last part OF this charge is unworthy Of reply
With respect TO the first, well know, and here al
hrin, ON nnquestionable authority, that of The
absent Judges now in his silent but honored grave.
and then confined by sickness concurred in the
sentence OF the court, and another of those Judges
was withheld from the expression of his opinion
by It's coincidence with that of the court and deli
cacy only He had near relatives deeply Interested
| III that Judgment. Had ii met his -disapprobation
no moral or judicial propriety would have restraint cd
INN from saying so, and every principle of Justice
would have permitted, if it had net earnestly
prompted, the avowal OF his opinion. III, sentence
OF the court, erefore, which has produced | adj
NIL much Suffering, and excited, very naturally
| much disconient, expressed the opinion, not of
three, but Of five judges, and believe Of every
judge of that court, but one.
| As part oil the proposed reform OF the Supreme
Cour', which Is, IRON prudence, to make part OF
TINS I'll, but TO follow II, it IL, understand, con-
e'npiated 10 alter, III most important respect the
Constitution OF the Court. Whether this change 10
depend on the passage of the BILL or to lie tried as
si'uhct substantive measure, am not certainly
apPrised. But it increases, not little nv pre-
sent alarm Tor the safety and utility of this branch
OF lhe General Government. Not only is the quorum
OF the Court TO be augmented, but concurrence of
certain number OF its Judges present or absent 10
DC required, IN order to decide Oh all questions
which involve doctrines oil constitutional or as il
Is called, political law
For my part, sir, no difference whatever.
IN 'he faculties 10 be exerted, in deciding: or the
quality of that function OF Court by which it de-
n plS IS
States, is not repealed by federal or state enact
men'' and the power or Office of adiudging tina, a
prior statute or act OF Congress- not repealed by
provisions OF another subsequent in time but
tanning no inconsistent or repeating clause or that
a subsequent act does repeal modify, one of ante
cedeht date, which il, however omits to name I,
IS In the investigation of the lights which arise I'M
der these enaclmen;s, the rights of the partie. ar
ralsned or htigant before the Court, that its whole
P'oSihce consists as eXposltor not or what should
de, but OF what IS the law. The proposed discri
mlnaiion, believe 10 be theoretically wrong. and
lac paoie IN practice OF producing any other result
than delay or confusion for if The criera 70, dis.
lnguiailng and CHASING those causes exists not in
the copy OF the record, but in the mind of the
Judge who decides, Tor satisfactory to his
Judgment, the case which il presents But does
'he constitution warrant the creation of more than
one Supreme Court? Can several courts he corve cd
out OF The many Judges who compose that one
when its quorum shall have been fixed by law Can
me concurrence OF more than q majority of that
quorum, be required under the CONSTITUTIONS TO pro-
nounce aJudsment! Ii so, and ought to suppose
So from ihe coincidence OF so many learned mem
oers OF tins committee and of the last Congress in
asserting and maintaining this over does it equal
~ apply IN all cases, criminal as we'll as civil to
Toe constitution OF The jury? May not its number
De changed from twelve TO three! and for its una
ml'y, he substituted the will of bare majority
And II ,.of what value is that boosted provision
oil our constitution, derived from the wisdom of
our Saxon ancestors, which secures 10 every citizen
oil the United States, the trial BY inry Why as in
france, may not the Court be coun ed with the u-
ry, and determine the fate of the accused whether
ne lie or death, by the will OF bare majority?
have been taught to define the technical words of
The Constitution, derived from English law. bv
recurrence 10 It's lexicons, though am ready to adj
NIT Ike difficulty of giving, in all cases. exact pre-
cision 10 their limits
ms proposed adjunct TO the meditated reform of
/ our Jurisprudence, which | am now combating
might possibly fail, ifa Supreme Court of ordinary
dimensions had TO expound our law but il it is to
| constitute part of the very system which changes
the whole character of that body I must acknow-
| ledge that my confidence H. its Judgment will be
shaken. would not trust IT,
Sir IT the Court is to he changed, for the better
performance OF It's political duties, must not the
new Judges possess and exert the sympathy, which
seems 10 be required of them with the country from
which they come? In accomplishing political OBJ
jects, what natural az union of councili In nu-
merous bodies, possessed of power, what so certain
| as the existence and speedy dev elopment Of par
ties! The moment you depart from the strict, and
limited, and clearly defined, judicial power OF
Court all is uncertain. Who can tell where its
knoviedge and study of fie public feelings NAV