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
never known to the people, except in pronouncing judgments in this
Capitol, annulling their State laws, and calculated to humble their
State pride? Whilst I continue to be a member of this House, I shall
never incur the odium of giving a vote for any change in the judiciary
system the effect of which would, in my opinion, diminish the respect in
which the Supreme Court is now held by the people of this country.
The judges whom you would appoint to perform the circuit duties, if able
and honest men, would soon take the place which the judges of the
Supreme Court now occupy in the affections of the people; and the
reversal of their judgments, when they happened to be in accordance with
strong public feeling, would naturally increase the mass of discontent
against the Supreme Court.
There are other reasons, equally powerful, against the withdrawal of the
judges from the circuits. What effect would such a measure probably
produce upon the ability of the judges themselves to perform their
duties? Would it not be very unfortunate?
No judges upon earth ever had such various and important duties to
perform, as the justices of the Supreme Court. In England, whence we
have derived our laws, they have distinct courts of equity, courts of
common law, courts of admiralty, and courts in which the civil law is
administered. In each of these courts, they have distinct judges; and
perfection in any of these branches is certain to be rewarded by the
honors of that country. The judges of our Supreme Court, both on their
circuits and in banc, are called upon to adjudicate on all these codes.
But this is not all. Our Union consists of twenty-four sovereign States,
in all of which there are different laws and peculiar customs. The
common and equity law have thus been changed and inflected into a
hundred different shapes, and adapted to the various wants and opinions
of the different members of our confederacy. The judicial act of 1789
declares “that the laws of the several States, except where the
Constitution, treaties, or statutes of the United States shall otherwise
require or provide,” shall be regarded as rules of decision in the
courts of the United States. The justices of the Supreme Court ought,
therefore, to be acquainted with the ever-varying codes of the different
States.
Public-domain text, read in full here on John Shaqi.
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