The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-09-07
From the Charleston Republican.
About Our Courts.

Ofs~'
About Our Courts.
Some one has said that mo two American:
can get together without making speeches al
each other.D This is only an exaggerated
statement of well.known American charac
teristic A pretext for this speech-rnaking il
commonly found in the introduction by some.
body of a set of resolutions thanking somebody
else for something which they have not done
or for something which it is the business Of
their life to do, and the doing of which entities
them to no special thanks from any one.
1t is not putting it too strong to say that thls
indiscriminate speech-making and resolution
business have their root in spirit of ingralned
toadyism, which is inconsistent with our instl:
tutions, and is disgusting to any well regulated
mind 1t is habit bad enough in the ordina-
ry affairs of life, but when it takes possession
Of our courts of justice, it is not only ridiculous
but dangerous to the interests of those whose
rights are to be adudicated by such courts
Our attention has been freshly called to this
matter by the publication OF some resolutions
recently adopted by the Beaufort Bar, thank
ing Judge Thomas, &c, &c. What we have to
say has reference to the habit under criticism
We suppose that Judge Thomas deserves the
thanks of the Bar as entirely as any other
Judge does and that it is just as proper to
adopt resolutions thanking him for his "impar-
tial and faithful" &C., &C., as it would be in
the case of any other Judge. But if our idea
is correct this whole practice is wrong and in
the worst possible taste, and ought to cease at
once.
If the duties of the judicial Office were vol
untary duties, and could be done or left undone
according to the caprice of the Judge, or if the
decisions rendered properly depended upon the
officers own sweet will, and not upon the law
and the testimony in the case, we could under
stand how members of the bar, overpowered
by q sense of favors received, or hopeful OF
favors yet to come should seek to control,
either by resolutions of thanks, or by more
substantial considerations, the favor of the
Judge.
A Judge, however, is supposed to administer
the law, without reference to the individual be-
fore him, or to the character of the lawyer who
may happen to appear in the case. This is
what he is appointed to do, and is paid by the
community for doing, and to suppose that he
could do anything else while sitting on the
bench, ought to be the greatest insult that
could be offered him. And when the bar orga-
nizes itself into town meeting, with the
Judge as presiding officer, and proceeds to
thank him for the performance of this simple
and unavoidable duty of obedience to law, it is
unpleasantly suggestive of lurking suspicion
in their own minds that he is not as honest as
he might be, or that he is weak enough to be
cajoled by Hattery end toadyism. In either
case, the act is in violation of the dignity of
the Court, and unworthy of the legal frater-
nifty.
In almost every Circuit in this State 1t is the
custom to close the term by this conventional
vote of thanks to the Judge.
We have noticed this particularly in the Cir
cult of our friend Judge Orr. We know and
everybody else knows that he is not only an
able, but perfectly upright Judge; but We
submit that it is not in good taste for the Bar
every time he holds Court to tell him so. We
think it would have good effect if the next
time the Greenville Bar for example offers its
customary resolutions he would harden his
heart and say, Gentlemen, know you mean
we'll, but 1 think the dignity of this Court
would be better maintained by leaving this
spread-eagle business" to the town-meeting
The speeches and resolutions which follow
Judge who is 80 unfortunate as to die, are bad
enough, but he cannot be panied by the stupid
ity or cajoled by the fattery of his brethren
of the Bar But the living Judge, what pro-
lection is there for him, except he set his face
like a flint against the whole business7 And
this, we submit, very respectfully, it is his duty
to do.
To some this may all seem small business I;
to us it seems important The line between
bad manners and bad morals is often nearly
imperceptible, and in our Courts the very
appearance of evil should be avoided, while
there, if anywhere, whatever sayors of impro-
priety or bad taste, must have an evil tendency,
and should be rigidly excluded. So we say
reform 1t altogether"