Year: 1859

In a former article, we referred to the III


tercst question as being again up before ou


Supreme Court, for review, reconsideration


and, it was hoped, a reversal of their former il


logical and inconsistent decision, as to tn


measure of damages to be awarded, for non


payment of note after maturity.


The hope we thus expressed, was, how


ever, rather the general hope felt by the


members of the bar, and by the community


than any abiding trust we ourself entertained


that such will be the result of the present


case.


To do such an act as reverse themselves,
declare they were before in error-is a
courageous feat, which has been done by able
judges, by greatsouled men, when convinced
they were wrong but we have as yet seen
no evidence, that our Supreme Judges have
that high legal character and manly indepen-
dence, which would lead them to correct an
erroneous decision of their own, after it was
once made and it is because of this want of
true greatness in the majority of that bench,
that we fear our State and business men,
must continue to be weighed down by this
load of exorbitant interest exacted after ma
turity.


If the Judges could rise above themselves,
and disregard all mere pride of opinion, We
think they would see, what all lawyers see,
and what is plain proposition of common
sense, that if the agreement of parties in their
contract" does not extend beyond the ma
turity of the notes. the rate ofinterest, which
is the subject of that agreement, does not also
extend, and that the damage for the deten-
ton of sum of money year, is the same,
no matter whose money it is, or what was
agreed to be paid for it before and until it
became due.


If the Judges have any false pride or feel
ing in the matter, we think they can find
plenty of precedents by some able Judges re-
versing and correcting their own decisions
They need not 90 out of this State for such
precedent. We remember an instance in
which Judge COOPER had made some decision
as United States District Court Judge, and
which was taken up to the Supreme Court of
the Territory, of which he was also mem
Der, and there reversed by that Court-he
himself joining in reversing it, and writing
and delivering the opinion of the Court, in
which he frankly pronounced his former de-
cision erroneous


There are no Judges so learned that they
may not be mistaken, and it is no discredit
to them, to acknowledge and correct their er-
rors. We are informed that there have been
instances of all the more eminent .jurists do
ing this Judge Kent once reversed himself
and expressed his joy at the opportunity pre-
sented him Of doing so. We have before us
now, in the columns of a Pittsburgh paper,
a report of the argument before Judge GRIER
of the United States District Court only last
month, in the suit to compel the people of AL
leghany county to pay the interest on their
bonds issued as loan of credit to the Steuben-
vile, Allegheny Valley and Charters Rail
road Co. The counsel having alluded to a
former decision, the Judge said:


'In relation to my decision touching the
a. V. X. X. bonds, at last term, that con-
fess was not well considered, as it was writ
ten between and l2 o'clock at night, and
put no great confidence in it."


GAS it respects my own opinion,
| am more anxious to shield, and if possible,
protect, the right of every man, than to have
what may decide on any point confirmed on
review by full bench.'


Judge GRIER is one of the ablest Judges in
the Union-a great Judge-though also
great bear in manners, and, we think, an I'M
scrupulous politician. Indeed, there can be
no higher evidence that Judge is worthy his
station, than to see him sometimes correcting
his own decisions. For, from the necessity
of the case, he must sometimes fall into error
And, to always adhere to former decisions,
does not SO much prove that he has commit
ted no errors as it does that he will stand by
them for all time, out of false pride of
consistency, or stubborn unwingness to see
what is manifest to Others-such pride and
such stubbornness, being the characteristics
of weak men and bad Judges and of such,
we fear, our present Supreme Court is COM
posed!


Still, it is possible we are mistaken. We
shall look for their decision in this case with
some curiosity, as the result will show we are
entirely correct in our estimate of their char
acterS.


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