30 LIFE or 



is no routine by which their business is performed 

 without the expenditure of thought. The cases 

 v/hich come before the Judges are new either in prin- 

 ciple or in circumstance ; and not seldom the facts 

 which ask for the application of different principles, 

 are in the same cause, nearly in equipoise. There 

 is consequently an interminable call upon the Judge 

 to compare, discriminate, weigh, adopt, reject, in fine 

 to bring into intense exercise his whole understanding. 

 Where the profession is candid and well instructed, 

 nothing that is obvious, and little that can be made 

 £o without deep consideration, is referred to the de- 

 cision of the Judges. For them the universal intel- 

 ligence of the world is at work to complicate the con- 

 tracts and the duties of men. For them are reserved 

 those Gordian knots, which, although others may cut, 

 tliey must at least appear to untie. Every judgment 

 is made under great responsibility to the science ; — 

 it must be a rule for the future, as well as for the past. 

 It is made under an equal responsibility to the par- 

 ties ; — the Judge is the defaulter, when through his 

 means the defaulter escapes. It is under a higher 

 responsibility to heaven ; — the malediction of an un- 

 just sentence is heavier upon liim that gives, than upon 

 him that receives it. 



He who, through a large portion of the sliort life 

 ©f man, properly sustains such an oJSBce, studying 

 all his causes with the intcnscness of personal inter- 

 est, — improving the science by adding daily con- 

 firmation to the defences of liberty, reputation and 



