Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-22


at the past session il had been deferred under tir
assurance, that at the present, something deiniive
should be done. MIR. J. said, that, hen this sub
Ject was thrown open, many different views
were taken so many projects for the reorganiza-
ton of the courts were presented such diversity
OF opinion prevailed, that every scheme successive
iy Jailed The new states, aware of tie difficulty
OF periecting, in any short time, any new system
OF reconci!ing public opinion 10 il, well as The
time necessary to arrange all the details OF an ex-
tensye and complicated plan, had to ask of
Congress 10 extend to them at once the benefits
OF Circuit Courts and, at the same time, to rem
etly al the nconveniencies from the defective ar
Engagements oil these Courts, well the laws
regulating the jurisdiction and the mode of proceed
ing. Mr.. Johnston said the first part of the reso-
luton related 10 the Supreme Court, and, unless
some amendment could be obtained In las terms,
It would he useless to ask an extension OF the
Circuit Courts He said he presumed that, at ev-
cry term, 20 or so causes were left undecided !;
and that, at this time, more than wre tn u number
were on the docket, and that that Court could not
In The short space allotted TO them, determine half
those causes. The effect was, that no iudgmcn;
could he had In the court of last under two
years, and sometimes three that the court could
not now kee, pace with the progress of business,
and the Docket would constantly augment that Il
great mass had already accumulated, involving
constitutional construction, property to immense
distribution OF tHc Circuit Courts must be made,
as VIII afford longer session TO the Supreme
Cou't, and even thea 1t is feared that some will
eiapSe before ,heyw! discharge the accumulated
business. lie said, the establishment of Circuit
courts was required by nlne States the state OF the
country imperiously demanded that the system,
should be equal s general, and he hoped it " oud
ne no longer delayed, under the ides that other
system would be adopted. He concurred with AL
those States in asking this now at the hands of Con
gees. We shall then be upon an equality, and
prepared 10 discuss any new project that may be
submitted.
MIR. J. then went at length into the inconveai-
ence which had resulted from the expression OF the
Judiciary of 1889, prescribing to the courts of
the u. States the mode oil proceeding He said
the mode OF proceeding IN the several States, at the
date Ell the act, had been prescribed. The conse-
quence was, that the states admitted since had no
law the subject. He said 1t submitted 10
the gentlemen representing the old States, to be
governed by that law still but il deprived those
states of all improvements which might have been
made since in heir legislation, especially with
gard to Executive laws Ii destroyed tire confor-
nifty which ought 10 exist in the rules and .ractice
in all the courts admins ering justice, within the
same limits, upon the same contracts. Ii created
some Confusion and some inequality, by prescribing
d ,terent measures OF justice TO different parties ;
BESIDES almost every state found IL necessary to
dapt her laws 10 toe pecr:isr rcumstances Of the
l---.-- = La IA 49,
pressure of which the Stale thought justified
heir interpositioH.
In re. ard 10 the States admitted into the Union
since The Judiciary act, they had no law. and the
courts OF the Unned States had undertaken nos on
~ 10 presc be rules ct proceeding, but exercise
ne highest act OF sovereignty, by making laws
supply tie defects OF our egisation; power which
Congress cannot delegate. This subject was clear
ly explained yesterday by the honorable Member
from Illinois (Air Kane.) MIR. J. said, thai, il we
prescribe the laws of the several States for the o.
vernment OF the u. States Courts, there IS still an
other difficulty those laws may violate contract,
they may be unconstitutional; and, in that event
those courts would have no authority TO enforce
their Judgments. Tine only law which they could
employ, to give effect To their Judgment, would he
declared by themselves null and void. Il must be
our duty, therefore, to provide for such an occur
renee by general law applicable to such a state o!
things For himself, hs could only wish, that the
courts OF he United States, M Louisiana, should
be governed, In all cases, by the laws OF the State
MI. J. said, thai, under the present dietary act
deviation from the laws OF all the States had been
permitted, uniriendiy 10 civil liberty as Il wa.
veNatIOu~ and oppressive. II permitted he iudg
snent creditor 10 take execution in the fist in
stance agAI0st the body of the debtor, TO hold hin
In prison until the money was cOercei either from
him or his friends 1t is arming vindictive cred
tor with power ever tue personal liberty oil tn,
debtor; 10 exercise the most malignant vengeance
and at 10 degrade and ruin him. IL,
said that la.v which permits man to be-
| deprived OF his liberty, while he possesse
property, on the faith OF which the contract WI.
made, only be equalied in aOslrdIty by las
which authorizes lis perpe ual imprisonment, be
cause he has The misfortune To- naye none Thi
power had been IN many instances seized on anC
exercised in most nrieellng manner. IL is be
Level not 10 be consonani with the laws OF an.
OF the Siaies and to- he unworthy our legislation
MIR. Johnson remarked, he mad merely limited .ip
pOprey ot restraining the Jurisdiction of the court
~ civil cases. 1T 1v'r known that the States ha,
competent courts for tie administration of Justice
conveniently silua cd 10 tie parties, which HEY
could resort without much Inconvenience or eN
pen~e. That justice uniformly and impartial,
administered. II was now known, thai the di'-
trust and jealousy OF the States was without ioul
i dation. That, IN fine there no necessity 10
Court to decide caises between citizens o differ
enr States. The Courts oil the United States ha
% unmi ed jurisdiction over great extent ot country
1 and was often used oppressiyeiy. Citizens O
4 States are often sued at the distance o, 200 nule
from The scat OF justice; they are mconvenieah
+, carried to great distance, with an expense while
they cannot Afford deprived OF the news OF deleact
and removed from their vi nesses; and what
! gained by the other party? The cause is tried b
the same laws; by Judge and Jury, resident IN a.
same State. lie submitted to tie committee wh,
tber 1t would not be advisable limit the urisdi,
iiOni and, he said, ~ IL was Gus aud OjIOu
jurisdictions; 1t ought to be restrained the nnio,
didie parties TO the contract, even in commerce.
. cases Mr.. Johnston sid he had only taken d,
s 9ultory view OF the subject, merely TO point o
these objects TO the attention ct lbc committee. ag
=; to as oil them at to extend the Circuit Cour
p over all The States, aud % make some reformation
n IN the Judiciary act.
y The resolution was agreed TO-
Unclaimed Diridends on u. 6. Stock.