Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-28

these courts, II mean tne ctrcNlt) has increas-
ed affirm, from all that have heard, for
am no lawyer, that il has diminished. 1t is
true, sir, that durlfg onr restrictive system,
when disloyalty and cunning sought TO eiude
and destroy its salmtary cts, the business OF
these courts mig hit have increased but, upon
the restoration ot peace. aud the re-establsh-
ment OF eur accustomed relations, This source
of litigation dried ap, and business every
where diminished, except III the two states OF
Kentucky and Tennessee, which will he here
alter satisfactorily accounted tor. Ii this be
NIT a correct statement OF the Fact, let IL be
| corrected by tho>e who ave better advised
But, sir, is IL not d little remarkable, when so
gieata change as tie present is proposed, We
have been furnished win no official doe nnents
(the dOcnets OF the respective courts Tor
| instancp) to ascertain 10 ms the extent ct the
business therein depending, SO that We might
| have something >nre Ia stand On. am
therefore, at liboriy TO cOHiend, Till the con.
ttary Appeals. aiId by evidence oi record, that
The business has diminished, with the eXrep
lion alone OF tennessee aud Kentucky. The
| state the business there results from causes
feculiarto those twO states. I he suits depend
ng IN the courts of those states sas To amount
To several hundred, result from conflicting
| land claims. The states Of Virgin aud North
Cainllia, OF which they we,s once parts. in the
disposition of their Waste lands, 7ccrm.iteda
mode Ot appropriation which not ,n.ire uuenily
produced from Two Ia ten (peihaps mure)
claims for the same portion Of Suil as il grant
Ell To ever. applicant pate nj. fits epiauatiou
! ing CLAIMS is the great source of iigitaiion in
the courts OF thos' ,iates. Bni. thanks to the
superior wisdom ut Congress, resulting from
the experience. and warned Ivy the disastrous
consequences OF the course adopted by Virg-
MIA aud n. Carolina, no such result can occur
III the states whose soil WAS disposed oil by Con-
gress. Its division into ranges, Townships and
sections, and even qu;t,er sections, places all
land claims upon The footing OF mathematical
certainty. asd excludes the possibility or a
contest betw cen different patentees. How
indeIenshle, therefore. is this plan, which goes
To a modification OF the whole Judicial system
OF the United States, by which the number of
Judges is most uureasonnbly increased, when
II is not pretended that an evil OF the same
Kind exists elsewhere, and when, by the plan
propose, the remedy may be applied precisely
ana exclusively to the evil complained of.
There is one consideration which 1 cannot
forbear toativert to, aud which think entitled
TO some, IT not TO considerable weight: and
that is. II, upon the experiment, the plan l
propose shonidprove defective, il may he east
~ remedied-on the contrary, should the bill,
IN its present shape, become law, although
yon should find that Your new judges should
have little or nothing TO do. and thereby
become sinecures, yet The good people of the
United States are iemediless for know not
by what process you are to get clear of them
In questions Of great Importance, il will
become MS TO recnr 10 just principles; and,
where doubt and difficulty exist, TO take the
spirit OF the constitution, and the origin Ofits
existence, as our guide. Sir, the federal 20
vernment owes its birth 10 purposes exclusive
ly International The states designed TO ,etaip
to themselves whatever was internal or manici.
pial. The federal courts in their Jurisdiction
should be limited To the Just spirit OF the
constiiution-to subjects external or foreign
in their nature. while the state courts should
exercise unlimited jurisdiction upon all other
subjects. | would, therefore, erect 10 federal
couTt but what Was absolutely necessary:
such consider the supreme and district courts
the circuit courts are not. i do net like the
policy OF erecting federal tribunals, not nc.
cessariiy called for, but whose effect " i'll he
TO draw Oft subjects of legislation from the
state courts, wnere they ous ht to be adjudicat-
ed. When we advert 10 the progress Of the
courts III tue country 10 which we generally
refer Il lessons OF experience, it is an idle
Apprehension we express, wheH we say we are
fearful lest these federal tribunals will 20 OH
gradually, to draw within their coyniZauce
bs fictons, which they so easily glide into, the
whole range ofJudciai authority. The courts
OF the states, being abandoned, will be consi-
dered as AN unnecessary burden, AMI their
entire extinction will be an easy and natural
death. Comparing great things with small,
permit ME to say, the very consequence
against which am warning you, is alrsady
occurring in Virginia. The county courts il,
that state, were long the iavorite object otour
policy. thought thsm, and still thuk them.
the best part OF our Judicial system. The
persons vino compose those courts, are our
most respectable citizens they serve without
any reward their motive is disinterested
patriotism, and may, without figure, be called
the salt OF the land their juiisdic ton both i'm
common law cases = in equity, was unlimited.
Some few years since, however, a superior
court, composed OF one Judge OF the general
court, was sent 10 every county and learn.
aud il IS with deep regret, that Il policy has
been uniformly pursued since, TO give these
superior courts some thing to do by continually
encroachins OH the county courts or. by SOM.
means or other, withdrawing the business from
the county courts-whie the chanccry courts
are extending themselves 10 every direction.
so To absorb the whole OF their equitable
Jurisdiction. Ii requires no spirit ofprophecy
10 i0retel the probable result. The isteiilgent
and patriotic citizen will withdraw himself
from so humble a situation--and, their autho.
rity falling into unworthy hands. they will
become contemplate, and hence lose all value.
Aud such, fear, will be the progress of TIE
federal courts III relation to the slate courts
The old adage, that the big fish eat the little
ones, willappiy with as muci force TO the moral
us The physical world. In fine, the result OF
my best reflections upon this interesting sub
ject, is, that We are bound to reject this bill.
whether we are governed by regard to ecUno.
my or policy. We are called upou by the bill,
TO multiply Judges, while their business is dimi
nshing, except in small portion OF the United
States. where causes of d peculiar kind have
existed, but from their nature are transient,
aud in so far to violate every consideration Of
economy, which, in the consideration Of this
question, is entitled to particular regard as
our Judicia! System is the most xpensive in the
world, not excepting England, whose prodiga.
lity is prOyerbial il results, in part from our
singular gOvernment-the necessity of keep
lug up two distinct systems. If we compre-
bend the Justices OF the peace, the judges of
the supreme court, of the general court, of the
court of appeals, Of the judges in cfaucery, in
the states, and our district and supreme
Judges, in the federal courts, We may fairly
set down the number OF from ten 10 fifteen
thousand persons, who are engaged in dispens-
ing Justice TO the people of The United States.
Add to this though not entirely relevant TO the
question, that we have this day not less than
three thousand Legislators engaged in framing
laws for their government aud the host OF
executive officers, from the President down to