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
Is it probable that the long literary leisure of the judges in this
city, during ten months of the year, would be devoted to searching the
two hundred volumes of jarring decisions of State courts, or in studying
the acts of twenty-four State Legislatures? The man must have a singular
taste and a firm resolution who, in his closet, could travel over this
barren waste. And even if he should, what would be the consequence? The
truth is, such knowledge cannot be obtained; and after it has been
acquired, it cannot be preserved, except by constant practice. There are
subjects which, when the memory has once grasped, it retains forever. It
has no such attachment for acts of Assembly, acts of Congress, and
reports of adjudged cases, fixing their construction. This species of
knowledge, under the present system, will always be possessed by the
judges of the Supreme Court; because, in the performance of their
circuit duties, they are placed in a situation in which it is daily
expounded to them, and in which they are daily compelled to decide
questions arising upon it. Change this system, make them exclusively
judges of an appellate court, and you render it highly probable that
their knowledge of the general principles of the laws of their country
will become more and more faint, and that they will finally almost lose
the recollection of the peculiar local systems of the different States.
“Practice makes perfect,” is a maxim applicable to every pursuit in
life. It applies with peculiar force to that of a judge. I think I might
appeal for the truth of this position to the long experience of the
distinguished gentleman from New York, now by my side (Mr. Spencer). A
man, by study, may become a profound lawyer in theory, but nothing
except practice can make him an able judge. I call upon every member of
the profession in this House to say whether he does not feel himself to
be a better lawyer at the end of a long term, than at the beginning. It
is the circuit employment, imposed upon the judges of England and the
United States, which has rendered them what they are. In my opinion,
both the usefulness and the character of the Supreme Court depend much
upon its continuance.
Public-domain text, read in full here on John Shaqi.
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