Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-13

ous that do not possess, one moety OF lnat gen
,leman's information, on all subjects OF pro-
fessional and legal character. lie mas given Us
an able. because concise, and comprehensive
history of our Federal Judiciary, in which we
have seen, that but one enlargement oil the gu
nreme Court has been made since It's hrst or
ganization, and that reduction OF It's former
number was once proposed, and carried by an
act of transient duration; but OF which, pre-
sumo. he did not disapprove. he act Pro'i-
ded fo- reduction of the number OF Judges 10
Ave. as did the bill which came to us SIX years
apo from the Senate. l should have been gra-
tilted if the Honorable Chairman had given
us. what he could have done with so much rea-
diness, the experience of the several states up
on the same subject. l regret this DUTY de-
wolves upon me, instead OF gentleman pos
sessed of so wide range OF legal informauon'
The result Of my limited experience ana oo-
servation, does not accord with that Oh the no
norable member from Massachusetts, IN any oil
The moral reflections by which ne reconclies, 10
his own Judgment, his recent change oil senti-
ment, in regard to the best possible structure oil
our Federal Judiciary.
There exists, believe, Mr.. Chairman, not
solitary example in the world, OF an appeh,.
ate court, of the highest resort, composed o.
as many as ten, or even nine Judges-the num-
Der preferred by the gentleman from Massachn-
sets In New-York. the Supreme Court con.
s;sts Of but three Judges; In South Carolina OIL
three only, in Louisiana, Of no greater num-
Der; in Virginia, where its number was once
three. it is now FIVE; and, believe there is mol
state in this Union where IN there exists
Court of ippels, in the last resort, having
greater number of Judges. friend near me,
saws, that in Maryland, this court is composed
of six Judges; this, then, is solitary excep-
ton, and aids my argument by the authority
cf a learned member from Pennsylvania, once
himself Judge. All these courts are believed
to have the confidence Of the people whose
laws they expound, and whose respect Tor their
;pdees will no where be found to be proper
toned to their number. 80
: In New York, the number of the judges of the
Supreme Court has recently been reduced from
to only, and this change accompanied and con-
stituted striking feature OF a change OF the po-
nolitical constitution of that populous state;
effected by nett majority OF SIX and twenty
thousand voices May be permitted TO bor-
row authority from abroad, and to inquire IL
the courts of Westminster, whose integrity, at
least, has rarely, if ever, been impeached, de-
rive their authority and influence from the
number of their Judges? The Courts of Kings
Bench, Common Pleas, and of the Excheqner
chamber, have four Judges each, An appeal
but seldom made, lies, indeed, from their Sc
narate Judgment, to the House of Lords, over
whose deliberations another Judge, the sole
Chancellor of England, and highest law officer
of the British Empire, presides.
The authority which the decisions of these
foreign tribunals still carry with them In the
courts of our own country, points to the true
origin Of the respect and confidence OF any peo-
ME IN the wisdom and integrity OF Their Judges
That of the people of these states, In the SUI
preme court Of the United States, has the same.
il has no other. 1t never had any other, and 1t
needs no other foundation
Swell their number from seven to ten, from
ten 10 twenty, and still, what proportion VIII
that number bear to ten millions OF people! Let
them traverse the country by day and night,
and study wherever they SO the popular feeling,
and what harvest would they reap, but OF con-
tempt, if, studying the popular favor, they sa-
cr;6ced to il one scrupe Of that justice, which
has its duties on earth, but is fastened to the
throne of the eternal by an adamantlne chain
The merit of the Supreme Court OF the Uni
ted States is manifested by its written opinions,
bv its learning, its truth, and its consistency
the certain pledge and firm assurance OF its dill
igence, ability and integrity. Between the
knowledge Of these qualities and the people,
the only link of connection consists OF that pro-
fession trained to the study and practice OF the
law. competent to estimate Justly the merit de-
rived from the most eminent portion OF their
own. and set above them to be their light and
counsel Even their knowledge OF Judge
cannot be deduced from familiar intercourse,
bu, from the perusal and examination OF his
opinions. In the intervals OF leisure, Judges
like other men, prefer any other topic OF mere
conversation to the dry and laborious duties
of the bench OF the peculiar Investigations
depending, or likely to come before them,
circumspect and vigilant sense OF duty imposes
unon them even studied silence; and 1t is not
small evidence Of this, that the Judges OF the
very court, of which / am speaking, cebar
themselves of smost of the pleasures OF social
intercourse, in obedience to sacred regard ior
their high and solemn duties. And so iarfrom
this separation having impaired, II must where
ever known, and Justly appreciated, augment
their reputation Were your Judges, sir, adj
mitted, at an earlier age, upon the bench oil the
supreme court, it might, indeed, affect their
usefulness; but surely at the age OF forty-ire or
fifty years, and sooner no man should mount
tina, bench, they will have acquired sufficient
stock Of general knowledge, in relation to all