Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-01-28
IN SENATE, JAN. 4, 1919.
SPEECH OF MR. j. BARBOUE

10 comm the Dill, emitted" "A bill to provide
for the more convenient organization of the
courts of the United States, and the appoint
ment of circuit judges" with the following
instructions:
kesoired, That the bill he recommitted to the
committee that brought tin, with Instructions
SO TO amend II as to abolish the circuit courts
aud transfer their Jurisdiction to the district
courts, To authorize AN appeal directly from
sUch'couTts 10 the supreme court, aud to EN-.
large the right OF appeal by reducing the
amount OIL which that right may be exercised.
MIR I&EsIDENr: l entirely agree with the
friends 0f the bill, that change in our Judicial
system is necessary so far, at least will
lehave The judges OF the supreme court from
tiaversing tie widely extended territory ofthe
United States, The truth is, We require of
them to perform dates which are highly in.
compatible. In judge at the supreme court
We look for u capacity and a character which
belong only TO one advanced III life and yet
We exact service, OF some OF them at least,
which, can be performed ouly by youth and
robust constitution. For example, we require
"A Judge TO traverse the states OF Ohio, and
tennessee, and Kentucky, twice year, aud
his attendance also at w ashingtOu in the depth
ofwinter. The history OF the appointments to
that gh station will justly me in the above
remark, viz that none but men considerably
advanced in life have received the appointment:
and We are, therefore. justifiable in concluding,
that none Others will be appointed. If, which
is also fair calculation they should continue
on the bench until they become !ntirm, the
incompatibiiity OF their duties will become the
more paipable, by their utter incapacity to
pertarm them. In addition to this difficulty,
would suggest another, that, even now, we are
sold tteyare compelled to adjourn the supreme
court before the business is disposed OF. for the
purpose of attending their respective circuits.
Thus their docket instead of diminishing,
continually increases an evil of no ordinary
magnitude tor all experience evinces that
tardy administration of justice aggravates
litigation.
To remedy this serious inconvenience, not
TO say great evil, is all object deserving of the
wisdom OF Congress. But, in the attempt. let
US not produce greater: let us not subject
ourselves TO an alarming increase OF Judges
and the consequent expense, which the bill, II
IL pass, must produce. The course have had
the honor of proposing will remedy the one
evil, and avoid the other. BY my plan, COLI
flne the Judges of the supreme court TO the du-
ties of that court exclusively: and by preserv.
ing the districts, federal jurisdiction is ear.
ried, without Inconvenience to the judge aud
without expense TO the government,t TO every
state aud, where large, to different districts
in the saine state As, for instance, Massacliu
sets, New York, Pennsylvania and Virginia
II being now proposed TO divide Virginia. 1t
has been objected TO my plan, that, from the
duties of the Judge of the district court, lie
should always be at the place of holding his
court. The answer to that objection ID readily
furnished. by the fact, that lie does not now
even reside al the place OF holding his court.
=
hold their csarts at different places and, be.
sides, are coordinate members of the circuit
court: so thSt, in giving them circuit Jnrisdic.
ton, theonly Change III The system would he,
te deprive them of the aid of the Judge of the
supreme court. Besides, when called OIL TO act
Jndiciaily, the case being always on record,
though he should not always be present, yet
tile facility and rapidiiy of communication by
mail removes, If not time, at least space, and, in
effect gives him The attribute OF ubiquity Ii is
M N nrt
were appointed with no view TO the important
duties " hiCh this bill devolves upon them, and,
therefore, that they are incompetent. In the
first place, The fact is not true because they
were at all times associate judges OF the circuit
court. and had heretofore the precise duties TO
perform that will be now assigned them. And,
secondly, deny their iucompetency; for as
fas as my know edge extends, which am free
to admit rs limited to Virginia, the gentleman
who holds that station there rauks, in point of
reputation, with the most disiing uished legal
characters in The United States. Ii is said,
however, that il is TOO high trust to devolve
OH single judge the cognzance of criminal
trials Involving capital pUnishmepts. Sir, on
lhsi subject, l at least can have no apprehen
sion because, in Virginia, the criminal Justice
OfFihe wlio.e state is administered by a single
Judge TO each criminal! court. This has been
the case for "A number of years and yet have
never heard, in solitary instance, of even
murmur OF comp iaiut that any man has been
Improperly punished. The fact is, i'm criminal
trials in this country, the judge rather sits 10
preserve order than TO take part in the trial.
Tie great security ofinuocence, without mean.
Ing any aisparagement Of the judges, is TO he
found in the grand jury aud the jury of the
Nicinage. The latter, lhave ever thought and
In aud out Of this place have declared it, the
happiest effort of tse human mind and that
to this Institution, and free aud enlightened
press, under Providence, would our liberty be
indebted for the immortality OF it's durati0n.-
Far from regretting the extinction OF the cir.
cult courts, doubt whether IL will not be an
advantage. You rid suitors of the necessity of
multiplied appeals. III the event of q case of
great importance and of doubtful nature the
unsuccessful party will be az little satisfied
with the Judgment of the circuit court as of
the district court. They will be co.'s mt only
with tse decision of the court Of the ldStresOrt
aud going through the circuit will be attended
with no other consequence than q loss OF time
AID an accumulation sf costs. The very right
10 appeal Will, most generally, snpersede the
necessity of resorting tsit. 1'hejudge, should
such monster ever appear Oh our bench, who
would be otherwise corruptly disposed would
lose all temptation to commit iuiquity, as the
rod OF correction, thrOaSh tile right OF appeal,
would be continually brandishes ever his head
aud remedy. bJ this right, at all times within
reach OF tie party argTieved. Sir, ~ measure
80 important as this, it behoves Congress 10
adyance,with extreme caution aud cTcurnspec.
ton. This scene has already been actedin the
United States. The sixteen, by some called
the midhlght Judges, were created only 10 be
destroyed. What Il spectacle are we about TO
exhibit to the people Of the United States -
Your predecessors in power, some seventeen
or eighteen years past. made a similar expert.
BIent; differing in nothing frop this except in
extent: AID If this should obtain III a few re-
vOving years we need have no cause to doubt
hut that, iu this regard. the resemblance will
be comRlete. W hat was the result, The pco
pie spoke ont and, in defiance Of The charge
that ibe repeal of the law was unconstitutional,
aud in defiance of the threats of one state,
Delaware, OF It's high displeasureat your pro.
ceedings, die law, and tlie judges with II, passed
away. lhists place IN the commencement
Of your career, when yon reflected the image
OF Tie pubic sentiment. III low yOI revive