Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-05-17

To err is common to Courts; for
Judges are but men, and there are few
whoselogic is unerring, and their instinct
i've faculty perfect, ef distinguishing
truth from error. In many Of the cases
that came before the Supreme Court, the
questions came from Provinces Of the
great Realm Of the Law, in which not
more than two or three Of the judges
had ever set their feet. In many cases,
most Of The Judges obtained their know
ledge Of the law Of the case from the
briefs Of counsel only, and from such
much the case In regard to suits in
equity, q branch Of jurisprudence, in
which not more then three Of the judges
were profoundly read. It was still more
go as TO the civil law 20 one being
familiar with the decisions Of the
Courts, or the works OF the great
writer's Of France. The opinions
Of the Judges little deserve to be taken
as judicial models. In addition TO long
Gnd often obscure statements Of the facts,
they dealt by far too much in an unfOr-
tunate prolixity Of argument, and Of
such argument IS intellects not the
c~learest or the strongest must content
themselves withal. This vice of long
opinions grew upon the Court, until it
became intolerable many Of the Judges,
even when c~ODcurriug In the main opin-
ion, feeling called upon 10 give at full
length the reasons for their concurrence ;
30 that, by the diversity Of opinions, and
the immense ground they covered, many.
Of the cases were wholly vslueless as
authorities; and in addition, one, two,
three and sometimes four Of the Judges
dissenting and reading n or more
opinions, criticizing, sometimes with
scant respect and decency, the opinion
of the Court, detracted from its value.
In France, the Court Of Cessation can
conside, 30 other questions than those
Of law and its decisions are given with
the utmost directness, simplicity and
brevity. Stating ina few short sentences,
the " considerations - which lead to the
decision. this is pronounced, as it were,
in .naxims. The civil law has always
pronounced its Judgments thus and the
practice is worthy Of imitation.
or course, the decision Of the Supreme
Court, on q political question, could set
tie nothing, and convince no one. As the
court was constituted towards the last, it
was perfectly well known before hand,
u9on such questions, how it would
decide. What use Of argument to the
court in such 3 case 2
The South and the Democratic party
had no right to expect or demand that
the Republican party should surrender
M its doctrine as TO the right Of Congress
10 prohibit slavery in the Territories, on
account OF the decision Of the Supreme
Court In the DRIED SCOTT case. For, after
the same Court had decided that Con-
Oress had the Constitutional power to
create s Bank of the United States, when
that decision had not been made by so
divided 3 Court, nor by Judges pledged
Ia advance so TO decide, by the we'll
Known political opinions for which they
were appointed and when the Court, a.
a whole, was far more able, more learned,
and on political questions far more i'm
martial, the South and the Democratic
marty bad sustained General JACKSON Ia
his claim TO the right OF constituting the
Constitution, as he understood 1t, not
withstanding the decision. This they
.boIlv set at nought, aud In Congress
aud out refused to recognize it as a bind
or correct Interpretation Of the Con-
-fitrtion: and they ven went 30 far by
---oornoratipg q denial OF the Constitu-
.to,oi mower to create a National Bank,
,hs marty platform made at Baltimore
!. $40. and by relterating that denial in
80 successive platform up to, and in-
-. that Of 1850, a. to make It an ar
49, n the Democratic faith and creed,
70 recognize the decision as correct
.,ss a political heresy.
r.o course of the South and the Dem
.,-,fc party In regard to the question Of
- 70 create q National Bank was al
5ass excusabIe, because that question
soToes upon the party BY General
oZsoN. being alien to the Democratic
- and becoming unnsturAlly a part
Ies Tbe mower was not doubted BY
I. s,stesEep who set the G~OTernmsp' !