Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-17

The administration oil your laws, when you COM
nit the life, the fortune, and the reputation of
citizen of Louisiana to the will and judgment of
man. VIXEN, for a similar offence in Virginia, you
require the union in opinion of two judges to con-
vict him! Let us extend our system equally, and
we will then. and not till then, comply with the
high constitutional obligation which we have volun-
tarily imposed upon ourselves.
am compelled, Mr. Chairman, to notice posi-
ton which has been combaited wi h so much warmth
by the gentleman from North Carolina, (Mr. Man
sum.) He has seized hold of expression of a
former colleague Of mine MIR. Clay,) who is not
here TO defend his argument, (if defence it requr-
ed,) in which he urges the necessity of gradual
representation upon the supreme bench. l do not
know what that gentleman meant by Judicial rep
resentaton cannot believe he intended il should
have been OF the character described by the men,
Der from North Carolina. What mean by it,,
SIR, rs easily to be understood An extension of
the same description of judicial tribunals all the
States; justice administered by the description
OF judges; and, if there cannot be found in every
part oi this Union, men qualified, the appointing
power will contne his selection by the base of the
Allegheny or the Blue Ridge of Virginia. do not
mean, nor did the gentleman alluded 10 mean, that
all the passions and party feelings, and fac,ious no.
lions OF al'or any part of this Union should be re-
presented upon the supreme bench. How far it is
proper 10 refer to the arguments of gentleman by
name, not pov of this House, for the pupose OF
combating them, will leave TO the better Judgment
al the gentleman, upon the reflection, Diet egmne.
MIR. Chairman, am pleased with our present sys-
tem--that feature oil it which sends Judges TO
the various sections OF the Union 10 discharge cir
| cult court duties. The remarks of the gentleman
frosl Massachusetts MIR. Webster) has been mis-
conceived BY thegenteman from Virginia. He did
not advocate the proprcly of this system, because
1t sent the Judges among the People sc populary
hunting. The system IS advocale ed upon the prin-
cipIe that it gives activity and action the mind
and 1t places the Judges OF the supreme court i'll a
| hlyh and Individually responsible situation. Ii
brought them in contact with the members of the
Bsr. and, by these MEANS they were better able TO
understand the principles set,edby themselves and
the operations thereof upon society. In this way
we will have good Judges
| am not one OF those, Mr. Chairman, who believe
mat frank and iheral association, by Judges,
with the honest Republicans OF the country, will
faint the judicial eraine. 1t is by intercourse with
man we learn the nature of man; and knowledge
OF human nature will never make man the worse
| judge.
! Need detain the committee by a recapitulaton
OF TIE arguments OF the gentleman from Pennsylva-
MA, MIR. Blchanan) 10 show the absolute neces-
siy OF requiring the judges OF the supreme to
! discharge circuit court duties /? a reference 10
them is all that can be required But, sir, the gen.
tleman from North Carolina, Mr.. Mangum) says
i'm utterly nprac,icable, without you increase the
10 the NUMBER OF states, Tor them
to acquire knowledge of the different laws the
States by the performance of circuit cour, duties
his argument assumes the conclusion that, you
cannot make all fully acquainted with the local
| laws, II IS cot necessary TO make any.
One argument more, OF the gentleman from n.
Carolina, or rather question He asks, &c Is there
no virtue In thestatutc OF limitations of Kentucky
May we not expect that they will Gu, of the mass
oi Iuga'ion -~iIirtI r~;.- siat Statep'' Sir
this calls 20 my mind the efforts which have been
made, and are now making, by the nonresident
| iaho-hoiders, to procure decision of the supreme
court, by which may he denied the privilege
which should be exercised by every State-the en-
actment OF statutes OF repose Should thew succeed
IN their efforts, the evil will not be temporary We
sh' still have litigation, without mercy and with
out limit.
was not a little surprised, Mr. Chairman; TO
near the gentleman from North Carolina, (Mr.
nansnm' IN his concluding remarks, refer to the
late Presidential election aud tell us that there was
o'scohtent abroad with the powers that be In
other words, mast understand the gentleman TO
mean, that want OF confidence is felt by the com
inunity IN The Executive Of the Union, and that it
would be inpolitic no,o to increase this court Mr.
chairman, must be allowed to question the facts
IN these ddys OF nhdelity. | have no doubt how
ever, that the gentleman believes them true For
one am Tree to confess though the present in
cumoe"t was not my choice among the distinguish
cd gentlemen who had high claims to that Office. I
nave not lost confidence in The recitudc OF his in
'eihiohs; nor will that confidence be Withdrawn
""'ii can see some direct act oil drelietion OF du-
". VII condemn when condemnation is DUE and
VIII support his measures when believe them ctl-
cui'ted 10 promote the prosperity and happiness OF
my country.
Ihe gentleman told us, that he was onposed TO
tue Increase OF the judges Of the Supreme Court,
necause there was question Of vital irterest to
this government, upon which he understood there
was diversity OF opinion among the justices OF
mat tribunal. What question, iii? The gentleman
did not tell u.s. he left US 10 conjecture. Did he
mean that political question which was marked nv
Mason and Dixon's line?
Mr. Manglm remarked in explanation, that
ne did not me'n any such thing. His allusion was
10 the occupying claimant question of Kentucky.
ne mad not named 1t, because gentlemen from
Kentucky seemed sensitive upon the subject
Mr. Wickliite resumed / am happy, Mr. Chair
man, that | misunderstood the gentleman. After
inc tn, remarks OF the gentleman (Mr. Mercer,) from
virginia giving us his individual knowledge that
hve 'dSes concuTred in the opinion upon that
question, and that the Chief Justice was of the same
opinion, did not suppose that any gentleman coull
have inferred there much diversity of opinion
now existing, among the Judges of that Bench
nave heard some vague ruTaours a. TO opinions up-
on the subject TO which | referred, and therefore
was led into the error
The gentleman from N. Carolina Mr.. Mareu,m)
Is asionIshed 10 find that this bill has more advoZ
Gates now than heretofore, aud indirectly INQUIRIES
whe'her II arises from the stability OF the Executive
Chair Is it thought necessary 10 increase his nat,
ronagc that he may distribute his mama in the
wilderness, and, thereby, gam new strength Docs
'he gentleman SUPPOSE that the People OF tile Yves
WIN yea support when support is not due, 10 any
auin'nislTation! Does he believe them capable Of
su,lehderlng Their independence for the patry con