Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-12

GOufu not, 10 OOiISc Hutb
Mr.. Wckiiffe said that he accorded with Mr..
Forsyth in the principle OF his amendment, though
he was not for carrying it to the extent that gentle
man did. Mr.. w. added few remarks, which the
reporter prevented from hearing with sufficient
distnctness to report them.
Mr. Webster OF Massachusetts, then said, that, if
the committee were called on now to pass on this
amendment, he would state some considerations
which he thought were entitled to weight He had
bsea told that this amendment had been probably
suggested by the recent decision of an interesting
cause IN the Supreme Court, in which question
respecting the law of State had been decided by
less than majority Of the court. From what he
had learned respecting this case, it seemed to be
insulated in its character and in the least Likely
10 happen again. For himself, though he thought,
on general principles. that distinction ought to
be made in respect to the number of the court ne
cessary tor decision, between different causes
coming before it, yet, if he were reduced 10 such
circumstances that he must choose, he should GER
tainly prefer the proposal of the gentleman from
Kentucky to that of the member from Georgia.
prefer, because it will embrace, comparatively,
small class of Look at the practical effect
of the amendment proposed. Consider tue delay
which must, almost necessasily , be the result oil
the adoption of it, delay to the losing party as
well as 10 the gaining party. The bill proposes
tine appointment of Circuit Judge for Louisia-
ia. 1t must occur to every gentleman that the
Vi that AT tnts place, at
sion OF the Supreme Cont, is at least very uues-
tionable. Now, If he should be absent and the
number of Associate Jud .es consequently reduced
10 eight, and II it shall then happen that in the de-
cision ot any cause, there five Judges in favor
oil deciding ii one way, and three another way, no
decision can be had, and the cause must be CONT
,ued The next term the same difficulty may re-
cur, and thus the mos, ruinous delays be contnt,-
ally occurring. The proposition of The gentleman
IRON Georgia goes to make a majority of the
whole court necessary TO every judgment-an ar
rangement which, believe, exists in no other conn
try or court whatever.
have heard it urged objection, that, un-
less this amendment Is adopted, minority of the
Court may decide not only the case but the law
and thus lay down principles of the most extensive
application But, sir, nothing is more commoa
than, where decisions on weghty points have been
given hastily. or by very small Court to give the
law argument a re-hearing; TO let the decision
stand good in the particular in which it was
given but not TO suffer the case 10 seule all SINH
lar cases There is nothing legally binding in a
precedent, and If there circumstances in the
case which cattle it 10 farther consideration tha,
consideration is generally given to it. a Gaze like
that which has occurred, and has been referred to-
- extremely unlikely to happen again. Ii may not
recur IN an hundred years; and would no, inbo-
duce general regulation OF 20 much importance,
20 provide against an eXigency ot such rare occur
iSHSe COMMITTEE Oh tlle JulCIaTy, however.
has, believe, once reported the Subject OF the
measure proposed in the memorial from Kentucky
accedins substantially 10 tie proposition contained
IN this amendment. Aad II, on farther consilera-
ton, such an arrangement should be deemed expe,i-
ent, the House viii have an opportunity of a akiny
the requisite provision.
The question was then taken on the amendment
OF MIR. Forsyth, and decided in the negative
Mr.. Powell of Va SAID that lie concurred with
the gentleman In ON Massachusetts tho a-;l-
present existing IN our Judicial system, require a
remedy commensurate with the d.Iicu;ies TO be re-
moved lie did not, however, at present rise 10
discuss the scheme now presented thou .h peri,aps
ii none more competent to the task should suggest
an amendment TO it, he might himself do So There
were one or two features Of the bill which he could
not approve In the first pace, he was altogether
opposed 10 incr easing the number of Judges He
would be in favor Of according TO the Western
states such circuit Courts as should be sails actory
TO i'Ern Bal, - bile he would do his he was on
posed to adding 10 he number OF Judges His Oh
1ect, however, al present, WAS no 10 discuss the
general merits OF the bill, bu, 20 present An A.
1nendment, WHICH, he thought required by JUS
tee, Ins '!ar as tie present judges are concerned,
In he second section oil tins BILL il Is rTovited
that the additional. judges, TO be appoIne shall
until the next term 81 The Supreme Court be alIo;.
ted 20 Their respective circuits by lie Pre- dept on
the United STATES bat that, afterwards il shall be
the duty OF all the Judges, 10 make AIN allotment OF
their respective circuits. among themselves in such
manner. as they may deem most expcd;ent ,yb.t
will be The practical effect OF such provision Is
this! 1t will be, that majority the lud es may
II they shall be so disposed, change The entire ao
1nent OF the circuits, "a il now stands. He voud
ask, II THIS was just ! Would it be lust 10 the
Judges already in ohice? Would It be lust. 70, in
stanre, 10 change the allotment of a present ii,e
oi Maryland or Va. and assign him 10 the ,enth CIR
IL WAS N n In ID 4, 81
thai 1t was rot 20 be apr ehended that the judges
would so use their power. il is enough for US TO
know that the power is given, and tlat such a re-
suit may occur: and unless there existed some spe-
cal necessity why tie power mus; be given. |
should be in favor Of Withholding il. Would it not
answer all the purposes, if the three new iudses
should be assigned TO the three new circuits LEAVING
the rest oil the arrangement as ii now exiss2 This
would obyate all abuse OF the power. Mr.. Powell
here proposed an amendment going to strike on,
that part OF the bill which provides for the allotment
OF the circuits by The Judges themselves, and in
sertmg clause assigning the three additional iuti-
ces 10 the seventh, ninth, and tenth circuits and
placing the Judge who j. now on the seventh cir
cui upon the eighth circuit.
Mr. Buchanan # Pennsylvania observed that he
could not concur IN sentiment with the gentleman
from Yiryinia The provision which allowed the
Judges ;hsG.-el o. 10 ix upon Their own allotment
among t- Sc a districts in the United States
s,ilI, existe- .hai provision had continued in ex-
istence i'i now, witnoul aAy Inconvenience. that
ne mad G. c. heard Of, h..Il1 been sustained il CON
sequence O.it. Was 81, 40, proper arrso, -,uent d,
Could any argument o. force .. aliegsd against +,
WHO'S ii ths Is appointed jude OF lie S.ureme
Cour OF the u. : q e. Sic President max es a 60 -
lection OF these Officers over tie whole Union He
seeks iof men in W ON natural i,tellect has been
mat!ued 6y study and experience; who posseas
Ole f.ls.