Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1826-02-25

italy imhortant The minds Of all men
are shaIpened and improved by active
exertion-and in no department OF the
administration of justice, are the Judicial
faculties put into such prompt requisi-
ZION, as at .NiSt Prius. There, all new
points are first raised, discussed and de.
clded: recent ad publications III other
states, courts and places, are there, for
the most part, first presented to The no.
tlce OF even the most learned Judges.
And we think il may be confidently as
serted, that they return from tue labors
of the circuit better fitted for The srgu-
ments OF term but then their num-
berS mus' be proporlIoned TO the per-
Torrance OF their duties. The burthen
/ OF .WSi PriaS should be divided among
so many, that each should have ample
opportunity for study, aud tor consider.
ing the causes argued in term. Such
an arrangeme nt would, as we firmly be-
lieve, greatly advance The due admins
/ tration OF Justice; bnt il is recommend
ed to US also, by other considerations.
| { would tend 10 improve and preserve
the responsibility OF the profession. -
Even the most distinguished lawyers
would find themselves checked, (when
check was necessary and stimulated b,
the consciousness that they were aching
under the eye and control of the CHIEF
Judges al toe land. The same feeling
would, still more powerfully, influence
the manners, habits, and diligence OF the
Junior praCtliiUners, " hose first advances
10 reputation are usually made al .Nisi
Prius. The bench and bar would be
more frequently brought together, aud
become mnre lntlmateiy known TO each
other, than can ever happen IN the inter.
course OF term. By that more init.
mate acquaintance, we trust, mutual re-
spect and esteem will be promoted, and
The dawnlugs al rising commence be more
speedily discovered, and efec,ually che
risbed, The Conscience Of the commu.
nIiy IN our Judiciary system, and the ge-
neral readiness 10 acQnjesce ID the G.
suits OF the Nlsl prus WsAis (thus avoid
ing Infinite expense and delay of Justice,
would, we are convinced, be much IN
creased, by giving 10 the inhabitants of
'he state at large, personal opportunities
OF asccr,ainnng what our Judges are and
may be.
Under the confluence Of the pre-
sent system, they would so~n only know
the Circuit Judges; those Of the Sl-
preme Court would be entirely out of
the sphere OF their observation. A snit-
or, then, against whom decision at Cir
cult had been made, would be often
tempted, " hethe, he thouct he dec SOB
right or wrong, 10 take his chance, that
the higher tribunal, of the qualifications
Of which he would know little or nothing,
might think differently from the circuit
Judge. And your committee believe
that from this very cause an immense
accumulation of business has already
arisen since the establishment OF the new
conSu!u iou. but should the people,
who, under this free and enlightened go-
vernmenl, Judge for themselves, and ge-
morally Judge shrewdiy and correctly -
should they have frequent opportunities,
in their own counties, OF apprecia ling the
dignity and department Of the Judges OF
the higher tribunals, while presiding al
.Ni8i Prius Of delibers,ing as Jurors on
their charges ,of observing heir decisions,
and of Witnessing their impar,laiilv and
industry; your committee have no doubt
but that love and neration for the in
dividuals, as we'll as for the establish
nnen,, would grow up in the minds of
their fellow citizens; and that DO snitor
or advocate, who had been often present
at such trials, would be inclined to nto-
tract litigation by making a doubtful and
expensive experiment, and by taking the
chance whether the other Judges, Of
whose learning and talents he was cqpal-
ly spprized, might not possibly differ
from their associate"
Finding a total famine Of news, we
have sufficient room for the Resolution
of MIR. Benton, which we expected to be
excluded at present by other matter.
The report itself is too long for insertion,
unless by piece-meal. 1t is an able and
interesting document, and may call our
attention hereafter.
RESOLUTION
Proposing an amendment to the Consti
tuition of the United States, as ii re-
spects the election Of President and
Vice President of the United States.
Rescued by the Senate and House Of
REPRESENTATIVES Of the United States Of