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Updated: May 27, 2025
"Whereas it appears to the legislature, by the records of the Council of Appointment, that Aaron Burr, Esq., one of the senators for this state in the Senate of the United States, was, on the 2d day of October last, appointed one of the puisne justices of the Supreme Court of Judicature of this state: Thereupon,
There was a Chief Justice and two Puisne Judges, the members of the Executive Council, five in number, being a Court of Appeal; and the Governor, with an assistant, formed a Court of Chancery. Murders were of more frequent occurrence than other crimes, and were rarely punished. There were Quakers, Baptists, Tunkers, Presbyterians, and Roman Catholics without places of worship.
Compton opposed in person, and showed that this was absurd. The judge allowed them only four days to plead. Issue being joined, Mr. Compton pushed on for trial, and the cause was set down for the November term. Towards the end of the term Messrs. Heathfield applied to one of the puisne judges for a postponement, on the ground that a principal witness could not attend.
Wood, the Puisne Judge, a very genial, elderly man, called and took me to his house, where I found a very pleasant party, Sir Thomas Sidgreaves, the Chief Justice, Mr. Maxwell, the Assistant Resident in Perak, Mr. Kinnersley, a Pinang magistrate, with Mr. Isemonger, the police magistrate of the adjacent Province Wellesley.
Popinot remained supernumerary judge till the day when the most famous Great Seal under the Restoration avenged the oversights heaped on this modest and uncomplaining man by the Chief Justices of the Empire. After being a supernumerary for twelve years, M. Popinot would no doubt die a puisne judge of the Court of the Seine.
To the Chief Baron and the other two Barons of the Exchequer annual fees of 40 marks each were paid, the Chief Baron receiving £20 per annum as Justice of Assize, and one of the puisne Barons, Almaric de Shirland, getting an additional 40 marks for certain special services.
He calculated on a previous occasion that, if he were a judge, he should have at his disposal three or, by good management, four working hours at his own disposal. I find him, characteristically enough, observing in an article of about the same date that the puisne judges have quite enough work without imposing any extra labour whatever upon them.
These courts were still in existence when I arrived in Calcutta. The Supreme Court was ruled over by the Chief Justice, assisted by two Puisne Judges appointed by the Government at Home, who tried all criminal cases as well as civil suits on the original side.
Sir George Jessel denounced also my Malthusian views in a fashion at once so brutal and so untruthful as to facts, that some years later another judge, the senior puisne judge of the Supreme Court of New South Wales, declared in a judgment delivered in his own court that there was "no language used by Lord Cockburn which justified the Master of the Rolls in assuming that Lord Cockburn regarded the book as obscene," and that "little weight is to be attached to his opinion on a point not submitted for his decision"; he went on to administer a sharp rebuke for the way in which Sir George Jessel travelled outside the case, and remarked that "abuse, however, of an unpopular opinion, whether indulged in by judges or other people, is not argument, nor can the vituperation of opponents in opinion prove them to be immoral."
A few days afterwards I received a note from Mr Selwyn, junior, informing me that his father had been made a puisne judge. What that was I did not know, except that he was a judge on the bench, of some kind. He also stated his intention of calling upon me on the next day. "Yes," thought I, "to receive the music from Caroline. Of course, she will return it to me when I give her a lesson to-day."
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