The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1847-02-27

of decision. The grist must be thrown
into the hopper Of the Judicial mill and
ground out IN twinkling, to make way
for the next conner. Filth and inpuri-
ty may combine. with the coarsensss
Of the product, to render it worthless.
But what of that? The business must
be dispatched. In vain does an advo.
cate, feeling his responsibility and
anxious for the interest OF his client,
solicit hearing. A man must have
face of ten-fold brass, if he can talk to
a tribunal, which seems determined not
to listen. A modest man is confused
and overwhelmed under such circum-
stances. And yet unless the gentle
men who compose this court, are gifted
with intuition, their circuit decisions
must frequently be wrong; and those
who are best acquainted with them will
be the last to admit their possession of
that gift. On the contrary, like other
men who demand too much, they are
some times denied that to which they
are, perhaps, properly entitled. They
are sometimes suspected OF wanting
ordinary human sagacity. Ordinary
comfy or attention to the feelings or
wishes of others, lives not in that Court.
A practitioner compelled to leave the
courthouse far a few minutes, some.
times returns 10 find decision deliver
ed against him in his absence. and vainly
to enquire of clerks and by-standers,
for The cabalistical gargon which con-
tanned the reasoning of the Court
The irritation arising from an absurd
decision is not at all aIlayed, by the
absence Of all respect for the source
from which it proceeds.
Yet the unfortunate wight, who has
litigation in that court, has something
else to dread, besides the "glorious un!
certainty Of the law," he has 10 lay his
account with the laws delay, and per-
haps in the mean time "the proud
mans contumely." For it is onl ly the
final action Of the Court, the mere max
ing up of its decision, that proceeds
with rail road velocity. All the previ-
GUS steps are dilatory and tedious to the
last degree. Sometimes the Court is
absent from county two whole ears
at once-sometimes longer. At the
utmost it on y visits county once 4
year, and then the momen,ary absence
of a witness, when the cause is called.
the failure of masters report, the sick
ness of counsel, or some one Of the long
list of the chapter of accidents, fire.
quently works continuance Of the
case for another year. Thus every
correct Judicial maxim is reversed, for
reasonable celebrity and despatch in the
process are desirable, and patient and
mature consideration in making up the
final decision is indispensable. ..
1t affords the subscriber no pleasure
to make these statements. The por-
trait is disagreeable one, and its jus.
tification must be found in its fidelity
to the original. The evil is great. But
it cannot be remedied by legislative
enactment, for it is in the constitution.
which onl admits of four Jud yes, who
are required to hold one term annually
in every county in the State, two of
them being necessary to form quo.
rum. 1t is alleged in behalf of this Court,
and no doubt truly, that The members
have no leisure, that the labor of hurry
ing from county to county, in addition
to that Of deciding nearly two thousand
causes in a year, is TOO much for them.
That they are physically unable 10 per-
form such task. This is readily ad.
mitted; and ii may be added, that these
unhappy circumstances prevent our
best men from accepting seats on that
bench, or occasion their speedy resig-
nation; so that the qualifications, actu-
ally found there, both mental and moral,
are of an inferior and secondary order.
The remedy for these abuses is in
our own hands. We can reconstruct
our system SO as to secure wisdom,
learning peni,ls ora vity natIence mod