Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1802-07-31
CONGR. E S S.
HOUSE OF REPRESENTATIVES,.
FaIDa1-, February 10, 1902.
DEBATE


:" I'm .Gct TO reyfeaJ ce1faiu acts rcsbecfi0
, che Organization IF tie courts q; Me Uti
red Sfofes."
/ Mr. BGyard IN continuation.
The circuit is the principal court of q
wi and criminal business the defec(s o
tins court were therefore most general,
and sensibly ieIs. The high characters o
the Judges AZ first brought suffers into tn,
courts, butthe business was gradually decii
ming, though causes belonging TO the iuris
dicton % the ccuIts were multiplying. The
continual oscillation ofthe court baIied al
conjecture rs to the corre6f course of the
proceeding or the event of a cause. The
law ceased 10 be a science. To advise
your client il was less important 10 be
skilled IN the books than - be acquainted
! with the character OF the Judge who was
TO preside. When the term approached.
the enquiry was, whss Judge were we TO
have What is his character as a LAWYER
is he acquainted with chancery law? Is
he a stricl common lawyer Is he a spe-
cial Pleader?
When The character OF the iudoe was
as 'ertainedi gentlemen would then. con-
steering the nature OF their causes, deter
( mine whether twas more advisable 20 use
means to postpone OF to bring them to .
hearing. . :
lie talents of the Judges rather en-
crease The evil, tilal afford correct for
the vicious constitution OF these cc,,.te.
They had not drawn thsir KNOWLEDGE from
the same sources: Their systems y.srr
different, and hence thc character Of the
! court more essentially changed at each
successive term. These difficulties and
embarrassmets banishcd suitors from the
! court, and without more than cor,h,on
motive, recourse was seldom had TO the re-
deral tribunals
have ever considered It also, as de-
tect III TINS court, that it was composed OF
Judges of the highest and lowest grades.
{ .,ia, sif, vas m, ,i4.l,.ly.ss. assoc,,tion
| the members OF the court stood on Ground
too unequal, to allow the firm assertion OF
his opinion to the distri9 Judge. Instead
OF being elevated, ne feil himself dsqrad.
ed by seat uTon the bench OF this cpurt.
In the district court he was every thing.
! IN the circuit court lie was nothing. Some
times he was Obliged to leave his seat
!
nent which he lad given in the court be-
low In all cases he was sensible that the
sentences IN the court in which he was.
were subject 20 the revision an6 control Of
a superior jurisdiction, where he had no
influence, bnt the authority of which was
shared by the Judge with whom he wa.
acting. No doubt in some instances tht
district Judge was an efficient member o
the court, but this never arose from thu
nature Of the system, but from the person
a al character OF the man. I have yet. Mr.
. Chairman, another fault 10 find with th,
5 ancient establishment of the eircui; courts
= They consisted only of two Judges, ant
s sometimes of one. The number was 10,
= small considering the extent end inport
G ance ofthe jurisdiction ofthe court. WI
you remember, sir, that they hold the pow
er ofhse ard death, without appeal. Tba
their judgements were final over sums o
1000 dollars, and their original iurisdiGIi
on restrained by no limits Of value, anc
that this was tlIe court to which appeal.
were carried from the discri6l court.
] have often heard, sir, that in multi
! tude Of council, there W wisdom, and ;
-'-~ - W t.iN Iflf--Nltil tlC llldi.N
this court must have been very deficient
When we saw single Judge REVERSING
The judgement OF the districl court, the oil,
= letuou WAS most strikirg,butt the court ncyci
had ihe weight which it ought to nave pog
scssed and would have enjoyed had if beer
composed OF more members.
But two Judges belonging to the court
an inconvenience was sometime felt from
, division Of their opinions. And this IN.
convenience was but poorly obv;ated by
TIC provision Of The law that in such cases
the cause should be continued to the sue.
!. ceeding term, and receive its decision from
7 the opinion Of the Judge who should then
4 preside.
. ] donot pretend, NJ. Chairman, to Law,
Z enumerated all the defects, which belong.
\ ed TO the former judicial system. But
! trust those which have pointed or, jn o.,
ID minds oi candid men, win Justify the a.
r tempt Of the legislature 70 revise that svs
. tenn, and 20 make a fairer experiment q
f that part OF the pan of our constitution
;. which regards the judicial rover. III,
e, oclscl5. sir, 70 which have alluded. ba,
Been long time fclt and often spoken a!
Bemec'c have ..r,;ucntiv been PROGRESSED
have known The subicGt hrou-ht r,rvar,
i"ccng,e s. osagsts;cd iu private, evcrs,nr
At7e mad i.ie Aoacr e seat uuon thi