Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1855-12-12
Fur the Advertiser.
TEE JUDImARY.

most monstfous erroh IN Juulcnture oTsa Pae"seo
upon free people. Il admit tho purisyefous Judge
tbsir maniiness- intelligence and their imraiti
av to the extent our nature is capable Of attaining
Blu. still believe eonseien,iounly. nos
administer justice according to law. In some nstan'
ces they do Of but mol in all by any means and
their shorcomng perncious and dstruc. I've g tl.e
interests Of tffis' Community. az
Human nature is the same weak thing, wheihei,
manifested in the peasant tho poushman, the Senator
the Primes, Or the King. ln .Spaih
we'll known, tho Circuit Judges Of Common Pleas
when me, together, Constitute tho law Coas Of Ap.
peal.-and de Circni. sJadges a e1hiy, sSnsssu's
the Equity Court o. Appeals. If either Of these two
bodies should deem it possible for their sublime wis-
dom to b. At fault inadsehion, Iheu. and then only
s ordered to b. carried npto the Court Errors,
which il constituted Of both Of the sboye tribunals
united. Whenihersfore . man !. dissatisfied wah the
decision in his on the Circuit he has TO
carry il up TO either Of shese Couns Of Appeals and
no further. Their ssutenco isirpyocabs. The cause
is at an end, whether justice be me'ed ous or not,
unless peradveniure rsnity-or huusR wisd"m
nigh. esteem itself capshle Of esfinT, wbsntks omn
polsnt Court of Erros ID appeaIsd to, and gives an
irreversabls Decree .Lei ns undetstsnd tongh that
no complainant, no mefs party 'uit can b admit.
ted to make his plea inthe Court Of Ero.. IT must
be sent thlher by the Judges Of e Court Of Appeals,
or their own determination is final .,,,,
This is the working Of orr whole machine for the
administration Of Justice The Judge on the Circuit
hear. cau,s-hs takes notes Of tho evidence, he in.
s,ructs tho Jnry-,hsy perhaps decide according
TO his views If they have the asutsness 10 apprehend
them. The defeated party takes an Appeal, ,snd the
Judge who in the frst Instance decidsd, makes full
report of The case according 10 hs understanding OF
what WAS said,. pforsd md done, land .hssApPeal
Court will hear other account Of iie maiteFs not.
withsanding clouds Of Witnesses might e arrayed to
.ubs,aniiae its correctness. What moekery Of jug
tics! What mockrry ofliw!' What's mock.ry Of
common sence Is i, possible Tor single Judge who
has to settle the law Of all The tried before him,
while thu, exercising hts facutiea and taIins them 10
their utmost, to accurately and unerngy setdown all
the testimony a. it is adduced in court! No! Such
q thing i, impossible, and the common understanding
OF the weakest citizen might bear witnss, TO the fact.
Ye, to maintain the dgny and respect the Bench,
the Judge must bs SUPPOSED 10 be infalible in this
respect, and little Attorney can be heard in oppos.
i,ion 10 his vague remembrance Of the fact, Of case,
though that Attorney may know them as familiarly es
his alphabet.
Bu. this Circuit Judge, who in the first instance
tries, and it may BE- decides the cause hean it again
in the Court Of Appeals forAhen each Circuit Judge
becomes one Of the Judges Of his, own contmct.
would like now for some sags philosopher ,fr bome
deeply read in tho human heart, ioinfpfn me If
this Judge can be animpasial Judge.in isarsnea,e,
could ordinarily render decision prejuicia to hu
own previous opinionand Judgment Who will say
that such an achievement in the main, j, compatible
with frail human nature. The un,ophisticated little
boy was a,onished 10 find the President Of the United
States to be man; 40 too was once 10 find that
Judge was only man, filled with mans infrmiics,
and liable To be biased by all the weak preiudces Of
our nature am sorry 10 soy it, that Judge is but
man still, and subject to all his wenknesses-his
petty pride, his pride OF opinion, his obsiinacy, and
even his incorrigable ignorance, and deviish cruelty
Why Jeffrsys himself was Judge, and 80 was Lord
Norbury.
This poor creature then with thousand imperfect
ions on his head, and million times more about his
heart, is asked in the Court of Appeals, along with
others, to reverse one Of his own judgments. Ofcoue
he re,ists the moon and he is the only person that
can represent The facts Of the case, he almost nyar
ably induces the other Judges associated with him to
sustain him in his course from Alpha even TO Omega.
1t i. stated by Philosophy, that every man Ses tho
world differently. 1t would therefore, apprur, that
every lawyer would the matter in contest before
court differently Blu. the Judge who tries an issue
in Barnwell or Ejgefeld, 1t matters not how false
may be the medium through which he beholds it, or
how horribly distorted, his natural vision il then
thinking locking and seeing for oil tho Judges bc.
cause he no, only attempts to decide the law, but to
instruct the Jury how TO interpret the facts, and when
he is required preparatory to ~an appeal to write out
his report it is sure to come coored and linged with
his own peculiar views, and he only is supposed TO
he fully acquainted with the dispute, the arbtrament
of the Court of Appeals has other hue or color than
ia given Thy the frs, presiding Judge The officer who
takes down the proof evidence in the ut trial should
never be compelled 10 form, or be allowed to express
n conviction thereon. until the cause is finally adudi.
cated for Otherwise he must. to Sumo extent, give it
his own impression and The highest Judicial tribunal
in the State should in the last resort decide upon the
unadorned, unaccumuIated facts, they originally
iuued from the mouths Of the WITNESSES.
Besides that very fellow.feeling which influences
in all classes, orders and associations Of men. even
down to the robberband, has power as active among
Judges as among tho followers Of Isnatu' Loyols
himself. The better gentlemen they are, and the
better bred the mure isenslbly and forcby arc they
constrained to ,upportand protect another. Whom
sitting on tho Appeal bench or elsewhere the Judges
are always happy TO suan ihs opuions Of their asso
ciate brohers
Our Judiciary isinefficient and rotten. No Judge
who hears cause should be allowed 10 report it. A
capable and discreet person who gives no opinion
thereon should b. appointed and sworn to make tho
report. No Judge who tries cause on tho Circuit
should be permitted adudicate the in the Court
of Appeals. for his decision there will be warped BY
his i,t opinions No set Of associate Judges should
be the final reviewers of their own conduct, for their
Wow will bs biased by ssove, by tho love OF thoir
class, and tainted by fasehood, false principles, and
insidons corruption, and fragrant incon'istency.-
Every man who claims he right ofs citizen Of FREQ
republic should enjoy the privilege in the last resort
OF appealing from number Of associate Judges, who
may be preudiced against his porson and his cause.
to higher tribunal that shall be elevated above all
sinister influences. If South Caroliuan should b,
dssa tisied wish tho judgment Of Appeal Bench in
h' and ready to pay the expense Of his pro'acu
,on, his access to higher authority should depend
upon the caprcious opinions Of this same Bench of
Associate Judges. lap sure that uise AZ they afe,
and honest they arc, those who wear the efmne IN
th, State, do not yet monopolize its wisdom and
probity. Would to God they did The universal
voice Of South Carolina should demand Court Of
Appeals constituted of other Judges than those who