Page:The Supreme Court in United States History vol 1.djvu/112

86 dispensation of justice? Sum up all the fragments of their time, hold their fatigue at naught, and let them bid adieu to all domestic concerns, still the average term of a life, already advanced, will be too short for any important proficiency." Randolph further pointed out that it would be difficult for the Judges who had given an opinion on Circuit to change it when they sat in the full Court. He feared jealousies and antagonism would creep among them. He also urged that if the Court became stationary, the Judges would be able to make reports of their decisions, which would be valuable to "announce the talents of the Judge"; and that "if the Judge whose reputation has raised him to office shall be in the habit of delivering feeble opinions, these reports will first excite surprise, and afterwards a suspicion, which will terminate in a vigilance over his actions."

It was soon found that the burden thus placed upon the Judges was intolerable. The mere physical labor of travel, in view of the great distances and scanty means of transportation, was thoroughly exhausting. Judge Iredell, who had the Southern Circuit entailing a tour of the States of North and South Carolina and Georgia twice a year, as well as a journey twice a year to and from Philadelphia of nearly two thousand miles, quite reasonably termed his life that of a "travelling postboy", and writing to Chief Justice Jay, in February, 1791, said that "no Judge could conscientiously undertake to ride that Circuit and perform the other parts of his duty." Jay, himself, who had the Northern Circuit, wrote that "the Circuits press hard on us all." Judge Johnson resigned rather than undertake the labor.