The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1869-08-07
The Supreme Court Bench

The Supreme Court Bench
The Punch Bolvi for August has been laid upon
our table and in its columns we find a well-toned
article on IS The new Judge which we commend
to the attention of the public. 1t closes with the
following sentences: We regard the appoint
ment as uncomplimentary to the Bench, to the
Bar, and to the public. However, we would sug-
gcst that the assurance Of the new Judge, that he
honestly purposes to do the best he can, be taken
on good faith and made the most off, The last
sentence has n mischicvous tendency. Because,
forsooth, n bad appointment has been made, to a
most important position, and the appointee hav-
ing no qualifications for the position assures the
public that he will do the best he can, the said
public must submit without a protest? The as
surance of the Judge brings to mind an anecdote.
A party advertised for a wet nurse and among
other applicants was surprised to see n young
maiden. Addressing her, he said what is your
business?'' 50 l came to be a wet nurse" Some
what staggered, the party asked her if she knew
what would be required of her. "No, sir, but I
can soon learn" So can the Judge. Seriously,
however, the position of the kingdom at the pres
ent moment is such that every man of public
spirit, who is not controlled by a short-sighted
conception of his own personal interest, must be
oyertaken by the most serious reflections as to the
safety of his person and property.
The Chief Justice is on the eve of departure, to
be absent for a considerable period, if not forever.
We lose in him the only member of the Bench of
the Supreme Court who has a knowledge of law,
matured by experience in the practice and ac-
quaintance with our peculiar system of ~jurispru-
dcnce.
The First Associate Justice has been so short a
time in the kingdom that it cannot be expected of
him that he should be acquainted with our Com
mon Law, which is a more essential part of our
system. and is no more to be found in statutes.
nor reduced to written text, than was the Com
mon Law Of England, and is only to be learned
and distinguished from the mere crudities and
abuses by years of experience in our law.
Or law in the abstract, as a science, the Second
Associate Justice knows nothing, or worse than
nothing. if he conceives that any of the PROPOSE
tions to which he has SO often, with apparent
seriousness, endeavored to convert others, de-
serves that respectable character.
A knowledge of the peculiar law of the country
is anything but an acquaintance with the most
advantageous mode of investing money, or even
long residence in the country and familiarity with
the people enjoyed or endured solely with a view
to the most expeditions methsd of accumulat,no n
fortune.
Such sacrifices, restricted within proper limits,
are in the category Of distinguished services.
which, in any free and enlightened country, every
man has a perfect right to perform for himself or
his family. But We must be permitted to express
some degree of astonishmcnt at their being COM
puted as peculiar claims upon the public favor,
justifying the disregard of every other qualifca-
ton for such an office as that of Supreme Judge.
The arguments of the gentleman's apologists seem
to have this extent and no more.
1t Is hoped, however, that the gentleman will
not make any more such illustrious sacrifices while |
On the bench, as he has been SO long accustomed
TO for his own benefit, and that of his friends, for
the public might not be in a situation suitably to
requite them. What would be thought of a
Iuack who should, after a few years employment
in a retired country district subject to the yearly
visits OF a regular physician, have the presump-
ion to accept the position of one of the chief
urgeons and physicians of a metropolitan hospital ?
should ut once undertake to perform opera
ions and treat diseases without any previous
tudy of medicine, and have a vote upon every
as to the expediency ofany operations
r particular course of treatment, that vote to be
8 decisive as that of either of the regular medical
zen Such n person must be a mailman or a rogue
Il the basest description, as he is willing to leopard
he lives and health of his fellow creatures for
he sake of gain. Our affairs are as often sick as
UT bodies, and IS often need the wise ministra-
ions of an experienced and learned expounder of
he laws The bonpipaSc of ipI,y,Jrols A.
'elfare of families, and the prosperity of the
are intimately connected with the certainty
f justice and the security of rights.