On the present bill Mr. Sumner remarked:--

We all know that the Supreme Court is now some three years behind

in its business, and the practical question is, How are we to bring

relief? There are two different ways. One is by limiting appeals, so

that hereafter it shall have less business. Another, and to my mind

the better way, would be to allow appeals substantially as now, but

to limit the court to the exclusive hearing of those appeals. Of

course that raises the question, whether the judges of the Supreme

Court sitting here in Washington should have duties elsewhere. That

is a question of practice, and also of theory. Since I have been in

the Senate, it has been very often discussed, formally or informally,

and there have been differences of opinion upon it. I believe the

inclination has always been that judges are better in the discharge of

their duties from experience at _Nisi Prius_. That opinion, I take it,

is derived from England; and yet I need not remind the Senator from

New York that the two highest courts in England are held by judges who

at the time do nothing at _Nisi Prius_, and do not go the circuit:

I refer to the court of the Privy Council, and to the highest court

of all, the court of the House of Lords. If you pass over to France,

where certainly the judicature is admirably arranged on principles

of science, where I believe justice is assured, you have the highest

court, known as the Court of Cassation, composed of persons set apart

exclusively for appeals,--never leaving Paris, and never hearing any

other business except that which comes before them on appeal.

I refer to these instances for illustration. The Senate is also aware,

that, in the beginning of our Government, when Washington invited his

first Chief Justice and his Associates to communicate their views on

the subject of the Judiciary system, the answer, prepared by John Jay,

assigned strong reasons why the Supreme Court should be exclusively for

the consideration of appeals.[23] The other business was by circuit

judges. This recommendation was put aside, and the existing system

prevailed. Justice has been administered to the satisfaction of the

country, reasonably at least, under this system.

But now we are driven to a pass: justice threatens to fail in the

Supreme Court, unless we provide relief. Is the bill of the Senator

from New York adequate? Speaking frankly, I fear that it is not; and I

fear that the proposition of my friend from Wisconsin [Mr. HOWE], if

adopted, will still further limit the relief which my friend from New

York proposes. I am disposed to believe that the only real relief will

be found in setting apart the judges of our highest court exclusively

for the consideration of appeals. They would then sit as many months

in the year as they could reasonably give to judicial labor. They

might, perhaps, hear every case that could reach the tribunal, while

they had a vacation to themselves in which to review the science of

their profession and add undoubtedly to their attainments. I remember

that one of the ablest lawyers in England, in testimony some years

ago before a Committee of the House of Commons on the value of what

is known as the vacation,--I refer to Sir James Scarlett, afterward

Lord Abinger, Lord Chief Baron,--testified that for one, as an old

lawyer, he regarded the vacation as important, because it gave him

an opportunity to review his studies and to read books that he could

not read in the urgency of practice. I have heard our own judges make

similar remarks.

Now the question is, whether the present bill meets the case. Does it

supply the needed relief? I fear it does not; and I really should be

much better satisfied, if my friend from New York had dealt more boldly

with the whole question by providing a court of appeal, composed of the

eminent judges of the land, devoted exclusively to appeals, and leaving

to other judges the hearing of cases at _Nisi Prius_.

Charles Sumner: his complete works, volume 14 (of 20) · 第 19 / 125 题