he
nation at the Spanish Court. His great legal abilities were, however,
complimented by the Republican Legislature, by placing him upon the
bench of the highest judicial tribunal of the State, where his
usefulness was transcendent, and where most of his life was spent.
As a wit, Dooly never had an equal in the State, and there might now be
written a volume of his social and judicial wit. Its compass was
illimitable--from the most refined and delicately pungent to the
coarsest and most vulgarly broad; but always pointed and telling.
Nature had given him a peculiarity of look and voice which gave edge to
his wit and point to his humor.
The judicial system of Georgia at this time was peculiar. The State was
subdivided into districts, or circuits, as they were denominated; and
one judge appointed to preside over each. These were elected by the
Legislature, on joint ballot, for a term of three years; and until
faction claimed the spoils of victory, the judge who had proven himself
capable and honest was rarely removed, so long as he chose to remain.
Dooly was one of these. Party never touched him, and both factions
concurred in retaining him, because it was the universal wish of the
people of his circuit. The law of the country was the common law of
England and the statutes of the State. In the expounding of these, the
judges frequently differed, and the consequence was that each circuit
had, in many particulars, its own peculiar law, antagonistic to that
which was received as law in the adjoining circuit. The uniformity of
law, so essential to the quiet and harmony of a people, and so
necessary in defining the title and securing the tenure of property, by
this system was so greatly disturbed, that it led to the informal
assembling of the judges at irregular periods, and upon their own
responsibility, to reconcile these discrepancies. This in some degree
obviated the necessity of a supreme court for the correction of errors;
but was very unsatisfactory to the Bar, who were almost universal in
their desire for the establishment of a tribunal for this purpose. But
there was another feature peculiar to the judicial system of the State,
to which her people were greatly attached: that of special juries. They
feared the creation of a supreme court would abolish this, and for many
years resisted it. This system of special juries, in the organization
of her judiciary, was intended to obviate the necessity of a court of
chancery
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