Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-02-01

"A Judge must oflng knowledge OF the Stats.
tics OF his circuit, into the Supreme Court
He must lay before the learned Bench, the ex.
tent of its territory, amount Of its population
capital, labor, skill, production, Commerce
consumption, and all the various de tail of "the
nature and causes Of the wealth of Sta,es."--
MOTIF know these things, would disgrace The
character OF any man Of science and knowledge
in the nation; and therefore, instituting sys.
tenn OF judicial law, with any view of brineins
the learned Bench of our Supreme Court &C.
qualnted with these things, would not only be
utterly useless, but highly derogatory to tina,
distinguished body. What have they to do
with questions of this kind as Judges! Is not
the smallest, equally with the largest, the Door.
est, equally with the mos, opulent and flourish.
ing State, entitled to justice before the Su-
preme Judicial Court Of the Nation?
Still the advocates Of the bill demand nolti.
cal representation in this tribunal. Although
they have not committed themselves 10 the re.
slraint of deiniton, yet, i; their representation
be not Of talent, if 1T be no, Of statistics. then
sir, it must be representation of the political
parties Of State. 1t must comprehend all the
great doctrine of eectioneering; the whole
learning of public address, either from the press
or the stump; ana the entire array of interests,
sections, families, patronage, proper 70 be
brought into service, 10 push a man, either'in
to office, or out OF it. Can any man, not'lost to
reason, desire plan for carving this kind OF
representation into the Supreme Judicial Court
of our Country? The naked possibility that
such an event may ever happen, fills the mind
With horror. Well might the honorable gen
tleman from North Carolina exclaim, in the
fullness Of patriotic Indignation SHAT il woulG.
indeed be abominable." From whatever point
of view, therefore, sir, you look at this polit-
cal representation, in our august tribunal of ma.
tional justice, you see it at war with the Con-
sttution. and abhorrent to the principles of rea-
son, and the feelings of patriotism.
The third great reason, sir, offered in SUP
port Of the provisions Of this bill, is, that they
will equalize knowledge of State laws. This
argument is unsound. Because, LIST. No such
inequality exists; and Cd. ifit did, the method
here proposed would not afford It nedy for it,
Consider, if you please, sir, what, by his oath,
a Judge of the Supreme Court is fairly pre.
sumed to know: the extent and variety of his
law learning Either by original Jurisdiction,
or appeal, come before him. lst All cases of
ambassadors, other public ministers, and con-
suls Here may be, and is, required, extensive
knowledge OF the laws ofnations Cd. All Ca
ses in law or equity. The requirements of
these, will spread before him all the principles
Of the common, and all the PRINCIPLES of the
civil law. These two great codes, dividing the
empire of almost the whole civilized world, not
by perpetual war, like the German and Roman,
who originated them, but with peaceabIe COM
mon, and, in many countries, concurrent, do
minion-remain TO nations as kind of impe-
rishable memorial of the conguests Of mind
when those Of arms have long since ceased to
have place on the earth. They remain to these
United States, and to each of them They were
brought to this country by our ancestors; who
shared them with their countrymen, as an ina
ienable portion of their political heritage
They are the great elements of all the laws of
all the States. Wherever drop of Saxon bloed
circulates in American veins, there, the folks
law the peoples law, the common law, is the
citizens birthright. There too, the civil law.
the controlling and ameliorating principles Of
equity and good conscience, are found and en-
Ioyed. These mark out, and designate, all the
rights Of persons, and rights of things. to be
cherished and protected; and all the wrongs of
persons, and wrongs OF things, to be eschewed
and punished; and, moreover cover them all with
a great and healing system Of protection and re.
medy. No man Can be elevated to the supreme
judicial tribunal Of our country, without com.
prehensive, minute, and extensive knowledge Of
these laws. Sd. These cases are to arise under
the Constitution. This Judge must, then, make
himself acquainted with every various cons,ruc-
ton of that instrument; and be, in all respects,
a great constitutional lawyer. 4th. Or they are
to arise under the laws Of the u States, for ad.
Indicating such causes, therefore, he must be e
qually and profoundly read in the laws and
Constitution Of our Country. 5th. All cases of
admiralty and mara,ime Jurisdiction come be.
fore him. The principles governing these Ca
ses, comprehend the laws Of ships, freight, wa
yes, insurance, prize, ransom, salvage, and all
the laws Of the sea, now extant, originating
since the Phenecian mariner first spread his
purple pennon to the light breeze of the Levant
or, more adventurous, drove, with oar and
sail, his foaming prov out between the pillars
of Hercules. 9Th the Constitution, laws. and
treaties, of the United States, are the supreme
law Of the lane, notwithstanding the constitu-
ton and laws Of any or all the several States,
may conflict with them. Such Judge must,
therefore, have studied the laws of every State,
SO far as they are to be compared with the
laws, or treaties, or Constitution Of the United
States 9th. Cases where State is party
come before the supreme court originally: but
States may be made parties where citizens of
the same State itigate land titles derived from