Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-01-20
fUDIcLd2T ESTABLISHMENT
TCox,iuxea.

20 ClISI NY tciiih>">oS "" 49,
Owing to feserity Of inliipodrion, have
not been in nay place, nor have l heard
any of the diicuGiou. This circumttance
will be my apology, it in the remarks
ihall make, repesisions .ha!l occur on the
one hand, and apparent inattension to ar
gumen,s on the other.
Having been member of this govern
ment during feveral years, and being I'M
preGed with the difficulties attending the
formation ofa judiciary fyiem, ! have
thought proper TO give conciie hiitory'
oflegila,ive proceedings on this impor-
,ans lubject. Permit me to FAY, fir, that
the frft inRitution of fuch tyiten,
mutt be an experiment. 1t is impofll-
BILE to ace.tain until tried, the Effects
of a fyitem eo-ex.enGve with the Wait
territory OF the United States, and which
/, ought to be adapted to the different laws
and habits of the different Rates.
Soon after the fra law was enacted,
as early as the year 1893, and believe
iooner, complaints were made of the iyt-
ten of circuit courts. The Union then
being divided into three circuits, and two
of the fix judges, we've obliged to attend
each court, it one judge failed, all the
buGuefs Of courfe wa. continued to
the next term. Judges complained OF
the diRance they had 10 travel, ard
tutors and lawyers complained Of delays.
In 1893, if my memory is correct, the
law pa,led allowing orc Judge to attend
with the direct judge in each diltrict,
with fome other notifications not impor-
tant in the preient view of the fublect.
If by reafon Of diaance, badnefs of roads,
Gcknef, or any other accident, this one
Judge failed of attendance, or if he and
the dittritt judge differed on any point, a
delay was occaiioned.
If the fame judge attended the fame
circuit at the next term another delay,
and 70 on, till experiment taught US,
that iome alteration in the iytsem was
requiG1e. 1t will be recolletted, that
che Judges had to travel over this extern
five country twice in each year, and to
encounter the extreme, of both hea, and
cold. OF this they complained; but
this was not all the buiinefs was not
done.
AT feveral Seaions of Consrefs, the
iubjea of the circuit courts was before
them committees were appointed IN
both houles, and in more than one CON-
mun;cation of the executive at the CON-
mrncement of ieilions, a reviiion of the
fyf}em was recommended. l cannot
on memory detail the exact particulars,
or order lof time but in the Speech
made by the PRECEDENT at the opening Of
the felton,, 1900, the fubjea is fated as:
follows: !" 10 give due effect to the
civil administration Of government, ana
to eniure jua execution Of the laws, a
reyition and amendment of the judiciary
iyRem is indifp enfably neceGary.-In
this extenGve country, 1t cannot but
happen, that numerous queaions effect
ing the Interpretation OF the laws, and
che rights and duties of Office. and citi-
zens mott a,ife. On.the one hand, the
laws ihsuld be executed, on the other,
individuals fhould be guarded from oP-
pre7ion; neither Of ,heie objects is iut-
fcien,ly afnrcd, Under the rrefcns or
sanitation of the judicial department -
/ therefore earneftly recommend the iub-
lee, to your ferrous confederation. AL
though this fubjett had been recommend
ed before, ard committees had contem-
plated reviiion and Alteration OF the
fvRem, l do not remember, that bill
had ever been prefsnted to either Houfe
of Consreis until 1859. In that ieiilon,
a bill was reported timilar in its tea
.ure, to the att which paaed lat fefi-
on. /. might have been aSted upon in
the Houie OF Representatives,; of this,
however, l am not confident; but l re-
collect it was printed, and sse members
Of both Houtes had it before them; and