Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
I cannot avoid believing that the prejudice which exists in the minds of
some gentlemen, against increasing the number of the judges of the
Supreme Court to nine, arises from the circumstance that the appellate
courts of the different States generally consist of a fewer number. But
is there not a striking difference between the cases? It does not follow
that because four or five may be a sufficient number in a single State
where one uniform system of laws prevails, nine or ten would be too many
on the bench of the Supreme Court, which administers the laws of
twenty-four States, and decides questions arising under all the codes in
use in the civilized world. Indeed, if four or five judges be not too
many for the court of appeals in a State, it is a strong argument that
nine or ten are not too great a number for the court of appeals of the
Union. Upon the whole, I ask, would it be wise in this committee,
disregarding the voice of experience, to destroy a system which has
worked well in practice for forty years, and resort to a dangerous and
untried experiment, merely from a vague apprehension that nine judges
will destroy the usefulness and character of that court, which has been
raised by seven to its present exalted elevation.
It will, no doubt, be objected to this bill, as it has been upon a
former occasion, that the present system cannot be permanent, and that,
ere long, the judges of the Supreme Courts must, from necessity, be
withdrawn from their circuits. To this objection there is a conclusive
answer. We know that the system is now sufficient for the wants of the
country, and let posterity provide for themselves. Let us not establish
courts which are unnecessary in the present day, because we believe that
hereafter they may be required to do the business of the country.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account