Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
Let us now suppose, for the sake of the argument, that the withdrawal of
the justices of the Supreme Court from their circuit duties, and their
residence in this city, would produce no such effects, as I apprehend,
upon the judges themselves; what would be the probable effect upon
public opinion? It has been said, and wisely said, that the first object
of every judicial tribunal ought to be to do justice; the second, to
satisfy the people that justice has been done. It is of the utmost
importance in this country that the judges of the Supreme Court should
possess the confidence of the public. This they now do in an eminent
degree. How have they acquired it? By travelling over their circuits,
and personally showing themselves to the people of the country, in the
able and honest discharge of their high duties, and by their extensive
intercourse with the members of the profession on the circuits in each
State, who, after all, are the best judges of judicial merit, and whose
opinions upon this subject have a powerful influence upon the community.
Elevated above the storms of faction and of party which have sometimes
lowered over us, like the sun, they have pursued their steady course,
unawed by threats, unseduced by flattery. They have thus acquired that
public confidence which never fails to follow the performance of great
and good actions, when brought home to the personal observation of the
people.
Would they continue to enjoy this extensive public confidence, should
they no longer be seen by the people of the States, in the discharge of
their high and important duties, but be confined, in the exercise of
them, to the gloomy and vaulted apartment which they now occupy in this
Capitol? Would they not be considered as a distant and dangerous
tribunal? Would the people, when excited by strong feeling, patiently
submit to have the most solemn acts of their State Legislatures swept
from the statute-book, by the decision of judges whom they never saw,
and whom they had been taught to consider with jealousy and suspicion?
At present, even in those States where their decisions have been most
violently opposed, the highest respect has been felt for the judges by
whom they were pronounced, because the people have had an opportunity of
personally knowing that they were both great and good men. Look at the
illustrious individual who is now the Chief Justice of the United
States. His decisions upon constitutional questions have ever been
hostile to the opinions of a vast majority of the people of his own
State; and yet with what respect and veneration has he been viewed by
Virginia? Is there a Virginian, whose heart does not beat with honest
pride when the just fame of the Chief Justice is the subject of
conversation? They consider him, as he truly is, one of the greatest and
best men which this country has ever produced. Think ye that such would
have been the case, had he been confined to the city of Washington, and
Public-domain text, read in full here on John Shaqi.
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