Litchfield enquirer., 1830-04-08

IOe uOuOfADIe metnD&G uTRcO aS AuVtbsGS OhiectiOh to system which should separate the Justices of the Supreme Court from the circuits, that it produced deleteri0us effect on public opinion; that such a system removes inc Judges from immediate contact with the people, and thus renders them objects of dIS- irust and jealousy, rather than of confidence and resrect. And as an illustration of the nriociple. as a living example of its correct ness. the honorable member rsferred us to inc illustriOus individual who is now the Chief justice of the United States, and has asked. whether he would have sustained tho deserved reputation which he now enjoys. had he never been known except ny the judgments which he has prOnOuccd from gI"omy and vauIted apartment in this CaPl- tOl?
 It does not perhaps become the humble individual who now addresses the committee even to mention the name of Chief Justice Marshall; sure am, that no words Of mine can add to the reputation. as pure as it is brilliant, of this great and good man but may he permitted, to unite with the h"n"ra- bIe member from Pennsylvania, (Mr. Bh- chanan.) from whom it with great propriety proceeded, in that just tribute of praise which he paid to one who unites in his person a'I the eminent judicial qualities of a Hale. Holt, and Mansfield whose learning aDd talents have shed brilliant lnstre on th~ Pa- ges of American jurisprudence, and whose high and elevated charatte ter will be ren'em- bered, respected and loved. centuries after be shall have slept with his fathers. And xm yet to learn that he is indebted fer this reputation to his intercourse with the people, in ;he discharge of his duties at the circuit.- concur in the opinion that public cOphdsnce in the Supreme Judicial tribunal is essential, .k,vn SsuAs -h,,AI | NAR that it is either acquired or retained ny the performance of circuit duties. What kind of intercourse is it which Judge has with tho people, while holding Circuit C"urt Is it of that nature which produces confidence in his judicial decisions? Is it not confined principally to professional men. and to those who would have the same confidence. were the Circuit Courts abolished ! Have the cit- izens of the South or West. who never saw the present Chief Justice, or the distinguish ed Judges of the first or second circuits. any feelings of jealousy or any want "F confidence in thcm! Have not the people of the East ern States the some respect for, the same confidence in. the learned Judge of the Car olina and Georgia circuits. which are felt for him by those who witness the able manner in which his judiclal duties are discharged at the circuit? It is not the intercourse of a
 
 respect or confidence. It is his character for integrity, independence. judicial learning. which produces it; and knowledge Of that character is acquired not through the medium of personal intercourse, but from the judicial opinions which he prOnOunces.
 The honorable member suggested. Ps an- other reason why the Judges of the Supreme Court should not be detached from circuit duties. that it would bring them and their
 families from their present places of residence to this city, to reside permanently. And'he asked, whether there is not danger that, in the lapse of time, they would he converted into minions of the Executive: that they would brcome contaminated. by breathing the cOrruptiDg air of Washington
 do not know whether the political atmosphere of this city is corrupt cannot speak from ex- per,ence nor from much observation. Perhaps there is corrupt state of the body polite here-i know eoh"g Of It. ,neresi rroSn,Ey ,, does n T0t h s'';e ; con,motion, l am inclined to believe it is disturbed by vsitanis from abroad, who come here t0 wash in it tor themselves or as proxies 3r o.her.; residents of this District. If the air here be % im- pure 90 corrupsng, how long will it be inhaled by the Judges? Net more than four months in the year-no caI duties. And if the honorable member from Penn- syvana he tn the sppOstion that very shor- Y the whole docket of the Supreme Court can he will he the period tn which the noxous qualities oG the air of this Metropolis will be inhaled; for cam not think that when official duties will require 90 small portion of the year be spent R this place, that 1t will ever become permanent residence for any of them. \ have never heard that any Of the Judges has, as yet, suffered from this cause; though within the very vortex of Executive inHnense." to them the air which they breathe is "pure as that "of the country" .....f s-.T
 But can il be supposed that executive patronage or influence he brought 10 bear upon one Orcupying
 the high and elevated station of Judge of the Su- preme Court What motive, what ''gOod ihing'' can he presented induce Jadge of that Court to depart from the 'high roasy' of oisieial duty? Caa he be tempted by inc offer of any office the gift of the Executive? He already holds heAOaa- hle, (f comparison may be admitted be'ween off ces G honorabe.l than any which, is within ahe gift even of the people. with ihe exception Of that of President of she United States. Can the power oS him? The tenure of his office is that of good be- haviOur. He is elevated above the frowBs and the Aatieres of Executive authority and influence. What danger then exists that he will he cOrTupted7
 IG however, any such danger should be appreheDd- ed, it is easily avoided. Provide by law, that tho terms of the Court shall he held tn Maryland or Vir. ginn, forty miles East West from this Capitol, and then the Judges will "breathe the pure air of tho country only The winds will not carry the noxions vapors which float in the atmosphere here, such a distance. ,.t. t& E~~
 The Hon. member ffou, Pennsylvania added one more objection to any system which should delach the Judges from tho Circuits. He feared it would seriously impair the ability of the Judges to pertorM their duties thai they wo6d gradually hec"ue ,lese and Jess it to decide upon the varying codes of