Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1802-01-30
s h N A r E
OF THE UNITED STATES.
FkIpAr. Janoary s. 1904.

FRIDAY, January D, toofs
DEBATE
o. Ne. Breekrrr,dgs's walton 10 vfss! be az
paid LAT S.IESH, Jsr a sssV O'saa'saiiSH q 'be
Jrdeisy Syrem.
MR. .Bkscxssairos. IL will be expected
Of me, preiume, Sir, as introduced the Ieio.n-
tton now under confederation, 10 anisn my rea-
fons for wiihing repeal OF this Law. This
haIl do and fhall endcavouf 20 ihew.
a, That the la~is urnecedary and improP-
es. and was 70 at It's psAsge and
4. That the Courts and Judges created by
il, can and ought 70 be abohihed.
ia. Tha. the ad under confederation, was
unneceilary and impropeIA is TO my mind, no
dificuIr talk 20 prove. No incrcale o. judges
could be ncceiIary or juf.habe. unlels the exit
ing couns and Judges were incompetent 70 the
prompt aa1 proper diicharye Of the duties con-
iieued 20 them. To hold out ihew Of litiga-
tion, whrn ia fact little exits, mutt be hapoitIc;
and 20 multiply expenGvc fyHems, and create
hofta of sxpeniive officers, without having cspe-
rienced an aelpal neceliity for them, mutt be
wan,on waite ofthc public reaiu'c.
The document before. - ihcws, that at the
psfTaec of this act, the exiting courts, not only
IRON their numbel, bu, from the ipits depending
before then, were fully competent TO ipeedy
deciiion OF thoie fuits--I, fhess, that on the
Is,h day OF June laa, there were depending in
all the Circuit CooIts. fthat OF Maryland only
excepted. Whole docket VIC have not been fuf-
niihsd with,) 1899 ioiu. II ihs~s that Si7o
fui,s Of every Description have come before thoir
courts, in 10 years and upwards. From this is
appears, that the annual ayetsge amount vi iaits
has been about 500.
But iuudry contingent ikings have confpi-
red 60 iwell the circuit court dockcts. Ia Mary
land. Virginia, and 10 all the Southern and footh-
weficrp States, great number OF iuits have
besas hrcughs by BIitiih credi,oni ihs fpccies
1tfSscny issatasiy u Co rnas .sss
In Pcnnfylvania, the docket has been
fwelled by prolecutions in conaqoence OF the
Vsffern iniurretiion, by the difurbanccs III
Bucks, and Northampton counties and by the
Sedi,ion Ad. The!e l find amount in this
State to z4o fuits.
In Kentocky, non-reEdent land claimants
have gone into the Federal court from tenn
porafy convenience becauic, until within a
year or two pat. thcie cxiRed no court OF GEN
eral iurifditton co-exteniivc with the whole
State. find TOO, thar of the dx hundred and
odd fuits which have been commenced there,
ioo OF them have been projections under the
laws Of the United States.
In NOT Of the States there have been pro-
iecu,ions under the Scdiron Aei. This fourcc
of litigation m / trua for ever dried op.--And
Iaaly, in all the States q number OF iuls have
arifen under the Excite law which fource OF
controversy, will. hope, before ths iei'on
terminates, be ALTO dried up.
But this fame document diicloics another
important fact which is, that nevertheless all
thefe untowsrd and temporary fources Of fedc-
raj adjudication, the iuiu in thofc courts are
deenafse |; for, from the dockcm exhibited Tex
cen kcntucky. and 1'enncace. whole iui's arc
furnmcd up in the aggresate) II appears, that In
1900 there we're Iz7f; and in 1900 there were
6S7 fuits commenced moving decreaie OF
sS7 fuits.
Coold il be neccfary then to se,eek courts
when iuiu were xse,so6ngi Could il be neeei-
fafy 20 multiply Jodgcs, when their duties were
dilniniihine And viii no, be juiti6ed therefoIe
in affirming, that the law was unneceGary,
that Consref, acted under miRakep imPreAion.
when they multiplied courts and judges at
time when litigation was actually dscresiing.
But, Sir. the dscrcafe Of bofnefs goes
SDaH way VI nHibS NY oPibion oh shts '"UT~~"
] am inclined 10 think, that 70 fxf from there
having been necefHty At this time for an in-
crcsie Of courts and judecs; that the time never
will arrive, When America will Gsnd in need Of
,Jfcdersl judges. Look, Sir, at your ConAitu.
iion, and fec the judicisl power there eoD6gned
to federal courts, and fedouhy ak yourielf. can
shere he FAIRLY extrsdcd from thole powers fub-
jcas OF litigation fuficieo, for 8 fupreme and
9, inferior court judges ITO me Il spPcns
imponible.
The Judicial ypowen given to the federal
courts were never intended by the Confiitution
TO embrace, excIoksely, fnbjet,s Of litigation,
which could with propfiety be Icfr with the
State coofu. Their juriidittion was intended
principally 10 extend 10 gfeat national and TO-
reign concvrns. Except cafes sri6ns under the
laws Of the United States, | do not az pfefent
,eco,lest, but three or four kinds in which their
power cx,eads to jubjeeis Of litigation 10 which
private perfons ouly arc concerned. And can
j, poEru,e, that with ajsiaieion esbfacioy