of the national revenues, have rendered the laws fo numerous and fo intricate, to fill the tribunals with Judges to whofe talents and integrity we might fafely commit our fortunes, our characters, and our lives? Theirs is an office for which young men are little adapted. Young men would prove deficient in the requifites of knowledge and practical wisdom; and would feldom be found endowed with that sobriety of judgement, and that degree of patience, which are effential to the proper discharge of fo important a trust. Yet were it not for the practice of the Bar, where could the future Judge employ his lefs fteady years in gaining these indispensable qualifications? Or, were we to fuppofe them at length attainable by private and perfevering application to the study of written authorities; and a feat on the Bench to be far more profitable and even more honourable than it is at present; what candidate, amidst the many objects of more ready acquifition continually offering themfelves to his eye, would fix his views on this diftant prize, not to be reached but by a flow and laborious journey of many years; or, after felecting it, would have conftancy of mind both to perfevere in the purfu't, and to render himfelf deferving of final fuccefs? Or what young man of limited finances, and it is from persons of that description that the greatest and most meritorious exertions are naturally to be expected, would think it confiftent with common prudence to risk his time and fortune in a toillome, protracted, and precarious enterprife; while conscious that he night find himfelf in the end disappointed in his most flattering prospects, and overwhelmed by penury and distress? Whenever we look on the profeffion of the Law as the fource from which the fupreme judicial magiftrates are to be derived, we difcover in that confideration a powerful additional reafon for folicitude, that it may not be fuffered to fall into fuch hands as might lower it in the national opinion. That folicitude will be increased by the recollection of another very important benefit, which accrues to the community from the members of that inftitution; a benefit which will be fitly noticed in this place, as it has an immediate reference to the purity and general character of the Judges. Barristers Barristers diftinguished for abilities, for profeffional knowledge and experience, and for uniform refpectability of conduct, may be regarded as watchmen appointed to fuperintend the Judges, and judicial proceedings in our courts, The fervice which they render to their country in this capacity is not always the object of their thoughts; but it is not on that account the lefs real, or the less valuable. The life of the Soldier is equally preferved by the breastplate which unconfcioufly repels the thruft of the enemy, as by the comrade who fprings forward to avert it. The refiftance of the Counsel to improper conduct on the Bench, will commonly be excited by zeal for the interefts of his Client; but there may also be times when it will be originally roused and continually augmented by genuine principles of patriotism. We are not however to meafure the utility of Barrifters in this particular line of duty, merely by the inftances of mifconduct which they actually detect, and of abuses which they actually reform. We are to bear in mind the innumerable openings which the vaft and intricate fyftem of the laws must afford to misconduct and abuses. And if a Judge Judge is rarely hurried into them by inadvertence, or feduced by finifter views; let it be confidered how much his caution must be increased, and his integrity confirmed, by the consciousness that he is acting in the presence of men fcrupulously obfervant of every step which he takes; bound by interest as well as duty to expofe his errors; and perhaps not inferior to himself in profeffional attainments and public estimation. The Barrister to whom a feat on the Bench is offered, cannot confcientiously accept it, if he knows himself to be incompetent to dif charge its duties, through a deficiency of health, of talents, or of knowledge; or if he is convinced, that through fome peculiarities in the fituation of himself and his family, he ought to decline it; or that in confequence of excluding a more deferving competitor, he should contribute lefs to the ftock of general good by undertaking than by refufing fo important a poft. If fuch be his deliberate opinion, let him liften not to the allurements of ambition, but to the fober dictates of virtue, Our Our immediate concern however is with the actual Judge (k), We may in the first place confider the duties of a Judge immediately relative to a trial and its confequences; and afterwards advert to fome detached particulars which may moft commodiously be reduced under the head of general conduct, In treating of moral qualifications effential to a Judge, many words need not be employed on that which is of all the most important, incorruptible integrity. It is a part of his character fo evidently indifpenfable, whether it be his object to discharge the various duties of his office with advantage to the public, or to preferve himself from the blackest criminality, and from indelible difgrace, that it is fcarcely neceffary to be enforced. The (*) The remainder of this chapter will be employed in treating of the moral obligations incumbent on the Twelve Judges, as they are ufually denominated. But many of the fubfequent obfervations, if applicable to the Judges, will be no lefs applicable to the duties of the Lord Chancellor, and of others who act in a judicial capacity. |