The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-03-09
For the Palladium.
WAYNE CIRCUIT COURT


On taking his seat upon the Bench, at the
opening Of the Wayne Circuit Court, Judge Smith
addressed the Bar as follows:
Gentlemen of tie Bdr-In entering upon the
discharge Of the duties of the Bench in this Cir
cult, | deem it proper to address few remarks
to you.
The appointment to this position was not solici
ted by me. OF this fact you have heretofore
been apprised | am Of opinion that public Of
fees should not be solcitcd-that in filing them
the public good alone. and not the good Of the
incumbent should be regarded; and they should
be accepted only when the public good will be
subserved by the acceptance. Acting in accord
ance with these views when the appoin tment
was rendered to me, | addressed letters to you
and the other members of the bar OF the circuit,
and to many citizens, stating substantially in all
Of them that did not desire to accept If my ac-
ceptance would not be satisfactory to the bar and
people Of the Circuit. and that desired your and
their views in the premises. The diversity Of
opinions and views expressed in the replies. made
il much more difficult for me TO determine what
course duty required should take, than l de-
sired. But after carefully weighing all the facts
and circumstances within my reach. have hesi-
tatngly come to the conclusion that duty requires
that should accept, and have done so, accord
ingly NY Judgment may have been at fault in
coming to this conclusion; If so, it is error Of
Judgment committed with upright Intentions
To err is human. but to forgive errors is divine.
The JUDICIARY is one Of the independent de-
partments of our happy government. It is the
department most important to society, from the
fact that to it is committed the duty of securing
the rights and Of redressiug the wrongs Of each
individual man. woman and child in the commu-
nifty 1t is thus brought into direct contact with
every individual in society, and has to apply the
great principle Of our law, according to the rules
of sound and correct reason, to human actions IN
their infinite variety Of combinations, and there
by to determine the right and wrongs of each
and all the individuals that make up community.
Patient investigation and laborious research are
necessary to discharge these duties properly
From former experience, know that q seat upon
the bench involves great labor and response
bility.
The BAR forms very important branch of the
Judiciary. Its duty 10 to advise and assist the
parties to ferret out the facts pertinent. their
cases. and to search out and arrange the law ap-
plicable thereto; and to that the facts
tablished and the law applied at the hearing
The law wisely allows each party to have counsel
learned in the law, to advise and assist in assert
ing or defending his or her rights Hence the
profession Of the law is highly honorable and Of
great responsibility.
But neither the incumbent of the bench.
the one who occupies place at the bar. can be
honored by the position he occupies. unless he
honored; Zach respectively aids the other in the
discharge of his duties; and the business Of the
country. in court. is promptly and correctly
done The bar as we'll IS the bench should la
Dor to come at the true facts and apply the true
principles of the law to them, and administer
justice speedily. and without delay The bu
sness in court, while it should not be done in
haste should be done with despatch
While occupy this position, whether 1t be
e. bra ;oI for. | Sha all an
ply myself faithfully and assiduously, with the
humble faculties l possess. to the prompt dis
charge of its duties, humbly supplicsting the
Supreme Being for his aid. shall expect the
members of the Bar to be prompt and industri-
in the conduct of their cases in Court. that
the time of the country. the parties and the wit
nesses, may not be unnecessarily consumed.
shall treat all of them with courtesy and respect.
and shall confidently expect similar treatment
from them.