Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-20
Gengrsfs Of tDa 1lniteo States.
HOUSE OF REPRESENTATIVES,.

EHEJfIe2 an IT. ~ xePe"S lssftiH4 1tl'' >
yspeaing The organisation Of The carts
effbe y. States.''
mr.. Gyf1vsld' lpeeeb Continued.
II has been fad in The courfe of this dif-
cuilion thar the old arrangement might be
Improved by adding 20 the judges of the
iupreme court. This proportion has been
repelled, whenever it has been urged. 1t
may not however be improper at this time
toobferve, that fach an arrangement would
be expofed to mott Of the abtardities and
Inconvenience which attended the old ar
rangement itfelf the unnatural ai1ociati-
on of fupreme and inferior JUICES on the
fame bench would continue the fame :
the abfurdities of a judge fitting in an in
ferior court on one day and deciding
canfes, and reyerGng his own judgments
the day following in fuprsme COURTS not
removed the fhifting of judges from one
circuit to another at every term, and the
confequent want of identity in the circuit
judge remains as the old fyfem has left it;
the certainty of courts may be fomewhat
increafed, but the geographical extent of
the country is not diminiihed, nor Can the
circuit 'duty be leaened, provided you
fend two jufices ofthe fuprelne court into
each circuit. And after all, what will
you gain by fuch an organization { AS to
economy, which is 70 much the order of
the day at this time, you will nof pro-
mote It, in any edential point; the fala-
RIGS Of your new Judges will amount near
ly TO as much money as the ialaries Of
your prelent circuit judges, and the ex-
pence of holding courts will be precifely
the fame. That uniformity of deciiion,
which is 70 neceilary throughout the u
nited States, will not be materially pro-
NOTED by this arrangement; becaale the
provifon already made for that Object,
by writs of error and appeals to the lu-
preme court, will preferve that uniformi-
~ in every point, which is not mere
matter of fern; and in refpef to the
forms Of bufnefs it is of little importance
whether the forms of one or the other
part of the country are preferred, pro-
vided the principles of decifon are the
fame.
There is, however, one Object which
will be gained by the propofed arrange
rnent. You will gain great accellion
of numbers to the fupreme court, and you
will make that tribunal in which the juf-
iice of the country is TO reide, to refem-
bic a popular afembly, and liable to
thofe party agitations which are 70 uni
formly found in every large ademblage of
men.
Some gentlemen, however, have (aid
that without increafng the number of
Judges, in the fupreme court, you may
render the feilions of the circuit court
more certain, and identity the judge up.
on each circuit, by dividing the United
States into as many circuits asyou have
Judges of the fuprems court, and attach
ing one of the judges of the fapreme court
permanently to each circuit. Sir, OF al
poHible expedients, this in my opinion is
The WORT, for witheur removing the nolss
formidable objections to the old iy&em, it
absolutely renders the decilion of capfas
impraeticable. If the judge of the fu-
prene court, and his Allocate the ditriet
Judge, hall differ in opinion upon any caufe
which comes before them, there can be no
decihon and jufice becomes more I'M
certain tif podiblel than in the court of
Virginia chancellor.
On The whole, fir, the gentlemen who
advocate. the pgefent bill, have propoiei
no lu5ititute for the fyftem which it is cali /
culated TO abolifh, and while they admit
the necellity of courts, and tie defects Of
the old fylfen, they cannot in this haiiy
proRraie uleful inaitution, erect
ed in obedience to the contribution, on
any Drincipje of decencv or r,afriotifin.