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
I now approach what I know will be urged as the greatest objection to
the passage of this bill—that it will extend the number of the judges of
the Supreme Court to nine. If the necessities of the country required
that their number should be increased to ten, I would feel no objection
to such a measure. The time has not yet arrived, however, when, in my
opinion, such a necessity exists. Gentlemen, in considering this
subject, ought to take those extended views which belong to statesmen.
When we reflect upon the vast extent of our country, and the various
systems of law under which the people of the different States are
governed, I cannot conceive that nine or even ten judges are too great a
number to compose our appellate tribunal. That number would afford a
judicial representation upon the bench of each large portion of the
Union. Not, Sir, a representation of sectional feelings or of the party
excitements of the day, but of that peculiar species of legal knowledge
necessary to adjudicate wisely upon the laws of the different States.
For example, I ask what judge now upon the bench possesses, or can
possess, a practical knowledge of the laws of Louisiana? Their system is
so peculiar, that it is almost impossible for a man to decide correctly
upon all cases arising under it, who has never been practically
acquainted with the practice of their courts. Increase the number of
judges to nine, and you will then have them scattered throughout all the
various portions of the Union. The streams of legal knowledge peculiar
to the different States will then flow to the bench of the Supreme Court
as to a great reservoir, from whence they will be distributed throughout
the Union. There will then always be sufficient local information upon
the bench, if I may use the expression, to detect all the ingenious
fallacies of the bar, and to enable them to decide correctly upon local
questions. I admit, if the judges were confined to appellate duties
alone, nine or ten would probably be too great a number. Then there
might be danger that some of them would become mere nonentities,
contenting themselves simply with voting aye or no in the majority or
minority. There would then also be danger that the Executive might
select inefficient men for this high station, who were his personal
favorites, expecting their incapacity to be shielded from public
observation by the splendid talents of some of the other judges upon the
bench. Under the present system we have no such danger to apprehend.
Each judge must now feel his own personal responsibility. He is obliged
to preside in the courts throughout his circuit, and to bring home the
law and the justice of his country to his fellow-citizens in each of the
districts of which it is composed. Much is expected from a judge placed
in his exalted station; and he must attain to the high standard of
public opinion by which he is judged, or incur the reproach of holding
an office to which he is not entitled.
Public-domain text, read in full here on John Shaqi.
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