Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-05-04


from tue House, and referred To committees,
would require time for the sitting of the com
mttees, and il would be announcement for the
Senate TO meet at an earlier hour than eleven
o'clock. MIR. Johnson made some furtbur re-
marks in favor of his motion. The Senate dis
agreed to the motion.
Nineteen bills from the House of Representa-
tycs were twice read, and referred To appro-
pirate cummittecs.
A resolution offered on Saturday last, BY Mr..
II. Johnson, of Louisiana, was again read and
agreed to.
JUDICIARY SYSTEM.
The bin reported by the committee on the
Judiciary, s'fnrther toamcnd the Judiciary Sys-
TEN of the United States and to provide for tue
holding of the Circuit Courts" together with
the amendment proposed by Mr.. johnson, of
Nv. was taken up for consideration, in commit
tee of the whole, Mr.. G;,iilard in the Chair.
This bill prov ides that two sessions of the SUI
prerne Court shall be held at w ashiIs,ton, an
I,ualiy-that the Judges of the Supreme Court
SHALL be relieved from the duty Of holding the
Circuit Courts-that the United States shall be
divided into ten districts, i'll each of which.
Courts, Shall behodcn by District Judges, with
the same powers and duties as arc now exer.
cised and performed by the Circuit Courts.
.alr. Johnson's amendment is an eutire new
bill; and provides, that there shall be three
additional Circuit Courts that the Supreme
Court shall consist of Chef Justice and nine
Associate Justices; aud that the concurrent
O ,inicn of seven Judges of the Supreme Court,
Teach Judge to deliver his opinion separately
Shall be requrcd, to invahdatc any law of any
of the States. The amendment was somewhat
,nodifcd, on motion of Mr. Tablet.
Mr.. Johnson, of Ken. stated the objects ofhis
amendment. His plan was to extend the Cir
m al, Sfoy1e tt,a
same principles that it rests upon i'll the
other States. He spoke against the bill re-
ported by tue committee, as doing away the in
Innate and highly important connection between
the Supreme Court and the several District
Courts.
Mr. Van Buren, opposed the amendment,
and stated the view of the committee, in repor
ting the bill. He explained the difference be-
tween the present SYSTEM and that proposed by
the bill; and advertcd to the absolute necessity,
ere long, of some change III thcJudicIary system.
He rccapitulated tue nunber Of causcs which
had Come before tile Supreme Court, and been
put off for W ant of tine and remarked that the
administration of justice called loudly for some
change He also explained the propricty of
some amendment, ia regard to the Circuit
Courts
MIR. Talbot addressed the Senate on the sub
iect He spoke of the great Importance OF the
an increase ofthe number of Judges OF the SI-
prcme Court, as necessary to fair and we'll
defined adm;nist ration Of Justice. He believed
there would be ample time for the decision ei
Every cause before tue Supreme Court, with
some alteration fthe terms OF the Circuit Courts.
He alluded to the great vcXation ani distress
which had been experienced under the present
system. Mr.. IT. spoke of the evils which he
apprehended would grow out OF separation vi
the Supreme aud Circuit Courts, as leading to
near connexion of the judges of the Supreme
Court with the other branches of the govern
ment and taking away their chief means of be-
coming acquainted with the various local laws
and usages, and the Judicial decisions of the
yeral states. Ike thought the present number
Of Judges of the Supreme Court to be too small,
for the proper adIninistratioa OF Justice over
such an extensive country, VIII. many various
and conflicting interests Mr.. r. believed the
amendment, proposed by his honorable col
laarde. He thought the Jurist!iciionofthc Circuit
Court ought not to 5cgiven &c the District udg-
e. The salaries that had been given TO them had
not ALWAYS brought MEN of the first legal talents
into the Office Of District Judges; and he feared
that, in many instances. they would not be COM
petent to the performance Of the duties. The
system proposed by the bill was IN just and une-
dual, in respect to the Western states, and
would not be srbmtted to. 1t was a great
measure, making a radical change 10 the Judi
ciary system; and it could not be expected that
il would be adopted at the present session. 1t
did not meet the wishes of the Western states;
II da not extend to thern equal advantages in
the Circuit Court system, and it was altogether
Inadequate TO remedy the evils noy exPerien-
c,d. ,jiIr. t. hoped that Congress would, al its
present session, dosomethng TO relieve the peo-
pie in his part of the country, from the evils
they we're suffering, in this respect.
Ef~ H. johnson, of Lou. submitted few re-
marks on the subjective was favorable TO tue
plan suggested in the amendment proposed by
the gentleman from Kentucky-hc thought the
business of the Supreme Court might be trans
acted, by changing tic terms of the Circuit
Courts lie replied TO the objections which
had been advanced against the proposed amend
mcnt. Mr. j. said he could never consent to
the systqR reported by the judiciary Commit
tee.
Mr.. Brown opposed the bill reported By the
committee, and was in favor of the amendment
MIR, Van Buren, wished the gentleman from
Kentucky to separate the last section of hif
amendment, which respects the opinions of the
Court on questions involving the Laws of the
states--as that was question dIntInct from the
Fest Of his proposition.
Mr.. johnson assented to the course suggested
10y the gentleman fro-1 New York, and accor-
dinghy Withdrew the last section of his amend
Incnt.
Mr.. ITayne was opposed to the principle con
famed in the bill reported by the committee
which confines the Supreme Court to appellate
jmrisdiction-he thought tie Judges ought To
perform Circuit duties-tbat they ought not to
be djsconnccted from tie peoplc-hc was pre-
pared for an increase of the number of Judges,
provided tho business of the country required it.
lie said the Supreme Court Of south Carolina
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