Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1802-08-11
CON G r. ESS..
HOUSE or REPRESENTATIVES,.
I'RtDNis [Sebf1.dry 10, 1909.
DEB =. IL;

H*SNff H'ctFiHt' q az lot<s
j L Is 4 IL;
Oh he 6ia receiUed fion, the Scaafc, entitled
{" In net 10 rcftezt cef;6in acts i.cste.tis,e
tie orS@f=atie'l Of fie corrts ef tAe Lj.i-
Ted Srates.''
CAh'. Brj@rd IL, contradictions.
Let us next consider, sir, the present
state OF The circuii courts.
There are six courts, which sit III .wen-
ty two districts, each court visits * least
three districts, some four. The courts
are now conpo>~l of three Judges Of equal
power and dignity. Standing or equal
ground their opinions viii Se inaepend
ent and firm. Their number is the best
Tor consultation, and they arc exempt from
the Inconvenience Of an equal division uf
opinion. Tut what Yalue most, and
what was designed to remedy the great
dctect of the former system, is the identi-
ty which the court maintains. Zach di ;
trict has now always Tire sanle court. Each
district will hereafter have a system OF
practice and uniformity of decision. The
Judges of each circuit win now study, and
iearn and retain the laws and practice of
their respective districts. II never was
ihtended,nor is it practicable that the same
rule of property or of proceeding should
prevail from New Hampshire 10 Georgia.
The old courts were cnjoined 10 obey the
laws OF the respective states. Those laws
tluctuate with the viii OF the state leeisla-
lures, and no ether uniformity could ever
be expected; but in the construction of the
constitution and statutes, Of the United
States. This uniformity is still preserved
by the. control of the supreme court over
the courts of the circuits. Under the pre-
sent establishment, rational system Of
jurisprudence will arise. The practice
and local laws ofthe different districts may
vary, but in the same .distri0 they will be
uniform. The practice of each district
viii suggest improvements 20 the. others,
the progressive adoption of which viii in
time assi1niiate The systems OF the several
districts,
1t is unnecessary. Mr.. Chairman, for nYe
TO say any ching in relation to the district
courts. Their former jurisdiction was not
varied by the law Of the last session.
IL has benny epdcaYour, sir, 70 give q
correct idea of the defccls Of the lor1nsr
Judicial plan, aud Of the reincdie. for those
defects introduced by the law now design
ed tobe repealed. ] do not pretend 10 say
that the present system is perfect, ! con-
tend oliy that it IS better than the old. IL,
Sit, instead OF destroying, gentlemen win
undertake to improve The present plan,
VIII not only applaud their motives, but
will assist in their labor. We ask only
that. oar system may be tried. Let TIC
sentence of experience epronopnced up
Oh It Let W. hear the national voice after
it has been felt. They VII then be better
able to Judge It's merits, In practiceit has
not yet been compliance OF; and as tits de-
zignsd for the be1,efit Of The people, how
can their friends Justify tho act Of taking
it from them before they have manifested
their disposition TO part with il ?
How, sir, am l TO account for the ex-
tFeme anxiety 70 get rid OF this establish
ment. Does it proceed from that spirit
which since power has been given 10 it,
has so unrelentmgly persecuted men in
Office who belonged 10 a cer,a,n sea : /
hope there viii Be little patience these
Judges are old and ihhrn. men; they will
die !; they must die; wait but q short time,
their places viii BE- vacant; they will DE
Sled by the disciples OF Tie new school,
and gentAmeu will no, have 10 answer for
the political mur,lcr which is now medi..
tatcd.
shall take the libeyty now, sir, Of pay
ing some attention tothc objections which
have been expressed against the iatc ests-
JiishrnenL IA early exception, which In
the eourss- Of the debate, has been aban
dpftd by mos gentlemen, and liulc relied !
on by any one, is the additional expense. !
The gentlemen from! Virginia stated the |
expense &C tic prc5cn. establishment az |
ISL 900 dolims.---On ibis head TIE inaterj- !
Al question Is, rot what is the expense I
Of the whole establishment, BAIT What /
viii be saved by The repeating XIV on /
he table I Go no: estimaic the saving At
more than &c, 500 dollars. You save no.
hing bat ihe salaries 81 IS iaSges o. . e0o 4
dollars each. Prom this alrocn is 70 be
iccusiec tie sa.@ry cf jodge Of ine sa
'rcme court, which is $500 Gcras. A.
'oiissrS The present sgs,,1n vii rot ts.y
nc h'chcntal sx?sHses Of tne cacvi. cocf. |
lou rsY,y- : cis-lG c0uIt whose o-.L.....l