Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-20

reviiion and amenument Of The iyNeUs
in reject to circuit courts; the differ
ence OF opinion was principally this;
fome fuppoled an increafe OF the judges
of the lpreme court TO luch number,
as would render the duties Of the circuit
practicable for them, and provided for the
completion of buGnefs, would be the belt
amendment and Others thought the law,
as it pafled, was preferable.
/ acknowledge, that in celebrating
upon this fubjeet, we always adumed the
principle, that the efab!iihment of courts
was important to protect the rights Of
the people; We did rot fear an army OF
judges, as has been limited by the gen
tleman who was lat up, iMr. Jaekion.)
In this opinion We might be miitaken,
but we were honeA in our projections -
although lome believed, that more of
the buiineis of the United States, miest
be con6ded to the State courts yet i:
is not within my recollection, that the
queision was conGdered in any meacure
a party queaion. l am confident, that
a, the FELTON, of 1893, and for long
time before that, the friends Of this law,
which eventually paa laa winter, could
not, nor did no. contemplate any change
Of administration. A reviGon Of the
fyaem was ,long fubject Of delibera-
ton we believed an increafe Of cir
cult judges, to the number reqnia'c to
perform the duties, would be an inccn-
venien, increaie of the Supreme cour: -
and though it was deGrable for the Judges
of the lupreme court to fee the people
and be feen of them, yet, the prefer
ence was given to the iyitem now pro-
pofed to be repealed. We fippofed it
would be an evil to increale the num-
Der of judges of the fuprcme coutr to
Is, IS or y. A court which is to act
together, fhould not be numerous on
this fubjcet, all men have agreed here
may De danger ofan =" army sf JUDGES"
as the gentleman fays; for although in
Great Britain the twelve judges are
ome,irlcs called to give an opinion:-
yet 20 man will feel equal confidence in
a tribunal of judges for the buineis Of
court, conGains Of many, as ostew -
from three to five, the good fenfe and ex-
pericnce of all nations has declared to be
about the proper number !; and we tho't
it conducive TO the general good, to ef-
tablilh tribunals in fuch manner, as to
carry juaics 70 the door of every man.
In this modification Of the fyaem, the
jur;dit,ion of the circui: court has been
extended, as it reflects the FUN in demand
of Of which they are to take cognizance,
and as it relpcas the dhputes which ariie
concerning the title Of lands, and exclu-
five juri(diStion is given of all crimes GEN.
mitted within 50 miles of their place of
felton,. The intention was to iniure
prompt execution ofjuaice, and expert
ment alone can tea the wiidom Of the
plan.
l take it to b. found rule, adopted
by all wife and deliberative bodies, not
to repeal an exiting law, until expert
r,en. naali have difcovered errefs, or I'M
lels there is a vice 70 apparent on the
face of the law, as tha, juAice fhali re-
ouire an immediate deitruetion of it,
Has there been time TO gain information
by experiment !? No maa will pretend this
as juRii cation Of the rereal; for the
little time the law has been in force, 10
far as / have obtained any knowledge up
on the lubjcet, it has gained credit.
Another maxim in legila.ion, l think
is correct, not to give up a law in EXIT
ence, which is converfant about extern
five ard important concerns Of the CON-
naunity, and about which there is ne
cefi,y of enaaing iome law: without
fceiag clearly what can be iubaitutsd tor
it, and that the fub9ituted has manifea
advantages. This rsfoluticn leads.
20 no reiult but "a repeal. | have Rated
the errors of the former fyRcm of circuit
,I SC s..a-urs 70 an ohteffion TO