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Sparks, William Henry, 1800-1882

"The Memories of Fifty Years Containing Brief Biographical Notices of Distinguished Americans, and Anecdotes of Remarkable Men; Interspersed with Scenes and Incidents Occurring during a Long Life of Observation Chiefly Spent i"


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.


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