The North-Carolina standard., 1845-09-17

Wltnnotus men OF business; disgust men OF leisure
and refinement There are some brilliant excep-
lions to The general tone of this description; and
! to them something more than the commendation
of patriotic intent would be due, did they not
tribute, to prolong the existence of noxious sys
lem by the credit of their names, while they are
too isolated and too few materially to influence It's
operation. Such are the individual judges The
Court is composed of any three or more of these
who choose to attend for the decision of any par
ticuar case and the majority of voices decides all
questions. Justices are perpetuaIIy going on and
off the bench, and it often happens that the Court
is wholly changed several times during the pro-
gress of trial. This would be incredible to
strangers. We think no parallel can be found in
the institutions of any country protesting TO ad-
minister justice through the forms of law.
Can it be expected that tribunal composed of
such elements, and so shifting, should apply the
rules of law (Which they cannot know with Ger
tainty or consisencyl Were it small fixed bo-
dy of men, even though no better enlightened than
the average now are, ignorance might it is true
hinder them from adiudgng right, but they would
probably at least be consistent in error having
once decided point, they would adhere to it
they would at length get more knowledge from
experience or intercourse with the bar. Were
they paid they might take time at length 10 obtain
some little instruction in their duties; they might
take some pride in reputable discharge of them; j;
they might feel some accountability to public
opinion. But who can expect any of these things
from men stepping in only occasionally from other
pursuits, who receive no compensation, and whose
number decides until destroys all responsibility ?
| What avaiIs the choice expression of rights and
duties by Legislators and urists, when administer
ed by such hands Is it not holding out pro-
mise ofjustice in theory to be broken to the hopet
The surgeon may have implements of polished
fabric; alas if he be no surgeon, but only
wood-chopper-does not science call it mock
cry, and experience echo her voicel The Ro-
mans took their Generals from the plough. But
what people before ever initiated their example
and applied it to their Judges2 Three hundred
years ago Lord Coke thought the 'Iucubratious
Of twenty years" might give student some in
sight" into the common law. Now that the sta
tu,e law and the law of chancery, and three hun
dred volumes of reports, are added, we think as
Dogberry did of reading and writing-it comes
by nature. s
A man must serve his time 10 every trade,
Save judgng-Judges all are ready made. .r
Perhaps it may be said that although these Judg-
es ignorant of law, yet fthey possess ordinary
capacity and intelligence they may after having
heard point argued, decide it correctly, or at
least according to justice. As the latter part of
this argument involves very common faIlacy,
we will give the brief answer to that first. The
idea justice is vague at best as that of weight
or measure, and very different in different minds
Law defines justice, and gives standard for its
ascertainment. Otherwise it would vary with ev-
cry momentary feeling. He who attempts to ud-
minister justice without the guide of law fixes his
own opinions as the arbitrary standard of those of
Others and constitutes himself a despot The OBJ
ect of every judicial system therefore is to admin
iser not abstract underlined capricious justice, but
justice as defined by law. He, therefore, who is
ignorant of the law, however justly he might de-
eide upon simple matter of very common occur
renee, can never hope to decide with justice or
equity in the complicated and ever-varying trans
actions of artificial and civilized society.
Can Judge then, ignorant of the law, probably
decide according TO law point debated before
nun Every llWyeI Will duIllb THAT ulSCuS-
sion is more likely to puzzle than enIighten him.
It is true that "law is founded on reason" But
it is equally true that the reasons were more
apparent than they now are. 1t is therefore an
artificial reason" derived from study of legal
maxims aud knowledge of the historical circum-
stances under which the laws originated. 81
Moreover many principles of law that are well
settled are seen to be right only after train OF re-
fined reasoning, sometimes from principles settled
in analogous cases, quite incomprchensible to
minds unaccustomed to such Investigations. Is 1t
not manifest from these considerations, that the I
probabilities are greater that the decision will be
wrong than that it will be right, just as is more
likely that man who attempts to play on violin
without an acquaintance with music, will produce
discord than harmonye f%e. t Ee
appointment blythe President. James T, Mil
Ter, Naval Officer, for the district of Wilmington
N. c., vice James Owen, removed
Mechanies-The Governor of Maine is said to
be ship wight. The Governor OF New -Hamp-f
shire is a wheelwright, and native of North
Carolina. But Mississippi can beat the Whole