Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-02-01

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Ma. BURGESS SPEECH ON rHE JUDICIARY BILL.
20 HoUss OF REPRESENTATIONS, JANUARY %.
The House having passed to the unfinished
business of SATURDAY., and the question being on
the resolution offered BY Mr.. MERCER, of Vir-
ginia, subsequently, modified as follows:
"ResolUed, That the bill be recommtted to
the Committee that brought it in, with an III
struction SO to amend it as to discharge the
Judges Of the Supreme Court from attendance
on the Circuit Courts Of the United States, and
further to provide an uniform efficient system
for the administration Of justice in the inferior
Courts of the u. States."-
Mr. Burgess, of Rhode Island, in rising to ad-
dress the Chair, said he most cordially thank
ed the House for the courtesy Of the last adj
journment II, (said he,) surrounding my
embarrassment; can sustain myself under the
effort, will now call, briefly, hope, on their
time and their patience. Unused to occasions
like the present, and without any practice,
other than forensic, find myself, unadvisedly,
engaged in deliberative debate, where nothing
is worthy Of attention, unless most valuable in
material, and in detail most finished III could
now fairly retreat, 1t would be impossible for
me 10 proceed. Abandoning myself, therefore
10 your candor, sir, and that Of the House,
will look to the question for that support which
great question never fails to afford.
This great question is the entire judiciary Of
the U. States. 1t was placed before Congress
by the President; has been by this House re-
ferred to the appropriate committee; and they
have detailed to us the great judicial diseases OF
the country, and proposed, by this bill, rem
edy for them. 1t therefore concerns the admin
istration Of national Justice, and our attention
is moreover loudly called to it by great and
respectable portion of the American People.
The resolution moved by the honorable gen
tleman from Virginia Mr.. Merce') proposes
recommitment Of the whole subject; 10 the in
tent that, the Judiciary, built at several times,
and in distinct parcels, may be re-edifed into
one great whole, and accommodated TO the
present and future wants Of the nation. The
system OF the bill is supreme court, holding
one term only, each year, sitting at Washing
ton only, and beginning that term on the first
Monday OF February, as now is done; a circuit
court, according to the present circuits, and
&four new ones 10 b. formed from the circuit and
the districts comprehcndlng the nine States In
the valley Of the Mississippi These ten cir
cults are to embrace all the Districts in the U.
States excepting those of West New York,
West Pennsylvania, and West Virginia, alone.
in every District but these three, District Judg-
es alone shall be compelled to sustain District
Jurisdiction only, hold District rank, and re-
eeive Distric' salary; in these three, with the
same pay, and same rank, they shall be obliged
to perform circuit duties, and sustain circuit
jurisdiction. In each Of the other districts,
formed into ten circuits, justice shall be admin
istered by circuit Judge, sustaining the Juris-
diction, holding the rank, and receiving the sal
,ary,o circuit Judge and supreme Judge, a,
Al, Kill
Storm supreme court of ten Judges. These
sir, are the peculiar provisions OF the bill.
The resolution is intended TO embrace anoth-
er system. Each District shall remain as now.
All the Districts Of the United States shall be
formed into ten circuits. The whole United
States shall be arranged into three great
preme court departments; an Eastern, Central,
and Western. In each district, as now, shall
be a District court, holden as at present, BY the
same Judge, with the same jurisdiction, rank,
and salary. In each circuit shall be ca. ~uit
court, holden at the same times and places as
at present, and circuit Judge shall be appoint
ed for each circuit, with only circuit court sala
ry, rank, and jurisdiction. In each OF the su-
preme court departments, shall be holden a term
of the supreme court once in each year. At
Washington, Philadelphia, or Richmond, 'on
ington, OR city in Tennessee, once in each year,
on the first Monday in June, and at New-York
or Boston once in each year, and on the first
Monday Of September. This court, so soon as
constitutional causes shall have reduced it 10
that number, shall consist Of six Judges, sus-
tanning all the constitutional jurisdiction of the
supreme court Of the United States, and bear
ing the same rank, and receiving the same sa-
larry, as Judges Of the supreme judicial court of
the United States now bear and receive These,
sir, are the provisions intended to be secured
by the resolution. You therefore perceive. sir.
that the subject of debate is choice between
the provisions Of the bill and the proposals of
the resolution. To me, it seems proper, first
to speak concerning the bill, and then to say
few things concerning the resolution
Perhaps it may be needful, before debating
the question, 70 remove some general and spe.
cifc objections. 1t has been said, that this is
an improper time to amend the judiciary. Be-
cause, l. One Of the States is agi:ated and EN-
broiled with the General Government; Cd. A
mother is deeply dissatisfied with the result of
the Presidential Elections 3d. Resolutions are
poured in from every quarter for altering the
Constitution; 4th. The President is no, We,
quietly seated ON his throne. To all these it