, 1865-04-18

better than two; y and when, in reference
to strictly legal matters, it is adduced by
private individuals to defend their posi-
ton in favour of a plurality of Judges in
the Upper Court against the filling of
that office by one Upper Judge only, the
business of the allusion cannot fai to be
manifest for when the meaning is ana
lyzed it will be seen that it comprises all
that could be advanced in support of the
dissatisfaction at an Upper Court admin
istered by a single Judge. 1t may even
be asserted with confidence that three
Upper Judges with less transcendent abil-
ity give, in the long run, a better qua
rantee for the administration of the Laws,
than what can be obtained when the au-
thority of Upper Judge is vested in one
man, though lie be possessed Of eminent
endowments. For every man has a bent
OF mind peculiar TO himself, and this dis
tlnguiShlng popularity rarely fails, in
course OF time, to merge into a certain
onesidedness when it does not find its
counterpoise in the contrary disposition
Of his colleague and feIIow-Judge. The
sagacious Judge easily takes to subtlety ;
the Judge who recognizes the principles
OF equity is apt to contract the improper
habit of deciding after a slight and super
fetal examination, he who is inclined to
lend a willing ear to the general notions
Of his country in judging right and wrong,
easily grows Indifferent to the written
and positive Law when, as already said,
the sole peculiar bent of his mind ope-
rates independently of other agents
which could draw to the opposite side
and prevent q deviation from the golden
medium as well as insure the maintenance
or promote the development of the ne
CesSary equitormity.
The only reasonable surrogate for a
plurality of Judges in the Upper Court is
an individual man Of uncommon endoW-
ments but men of such transcendet qua
litieS are not born every day, and when
they are born they generally find q larger
and more aIluring sphere than that OF
censuring six Lower Court Judges and
Police Masters 10 the West Indies. But
let US even suppose, that at whatever
future day it be required, we could point
at a great jurist who was ready to take
charge of the Office of Upper Judge in
these small iSlandS-StilI there would be
this unfortunate circumstance that a man
in such an isolated position could not feel
sufficiently the necessity of proceeding
in accordance with the times. He will
feel the want of the stimulus necessary
for %intently following the notifications of
his country in the peculiar apprehension
of legal matters, the steady development
Of legislation and the progress made in
the department of science, and yet stand
ing still is impossible, because he hat
does not make a forward move must
make a retrosressive one. The iudg-
ments of the Upper Court will, through
mere practical reasons, be more frequent
ly exempted from the test than appeal
ed to the Supreme Court, and the alb
sence of the stimulus resulting from the
want of a steady criticism will lead to a
certain self-confdence and an undue self
satisfaction in the single Upper Judge.
Acquiescence will very easily be mistaken
for an admission of the correctness of the
DEGREES of the Court, and this will soon
produce too great a confidence in his
own understanding, and consequently
render him less attentive in the scrutiniz-
ing reflection on the DrOS and cons in iudi-