Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-21


by the Constitution. This position is demon
strable from the provisions in the instrument
connecting the Isl and I'd sections Of the third
article, and giving a fair and candid exposition
to the powers granted, and the restrictions i'm
posed upon the grant. BY assuming the exer-
else Of these circuit duties, they exercise ju-
risdiction which was not contemplated by the
trainers Of the Constitution, as properly and
necessarily assignable to them. 1t is not my
purpose to investigate the constitutionality Of
the law imposing those duties upon them
They have voluntarily assumed and exercised
them. Il is sufficient for nv purpose to shew
that this was not the constitutional policy in re-
gard to the supreme court. He traced the his
tory Of the Legislation Of the Government upon
this SUBJECTIVE original law organizing the
Federal courts There is no evidence to be de-
rived from that source, showing that the union
of circuit and appellate duties in the supreme
court, was contemplated as the permanent pc.
Icy of the country; the very reverse is interri-
BILE from the law itself. The trainers of that
law did not extend The system to all parts of the
Union at that day. They created two district
courts-one in Kentucky, the other in Maine;
not extending to them the benefits OF the circait
system. Thus distinctly intimating that the
circuit system was not the fixed policy equally
due to all the sections OF the Union. AT the o.
riginal organization Of the judicial system by
Congress, they had many difficulties TO encoun-
ter. Promptitude in the administration Of JUS
tee, and economy in the manner, were matters
of equal moment The Treasury was compa-
ratively empty-national character depend
ed greatly upon the judicial character OF the
Government. The attention of the statesmen
and patriots Of that day was directed to the at
tainment of both obiects-th efficient admins
tration of Justice, and the economy OF the means
to be employed to effect the object. Looking
to the face and extent of territory and popula-
ton the probable quantity ofbusiness tor courts,
and the state of the Treasury, they liked, In re-
ference to these objects, upon the circuit court
system, as best To come down TO later Pc
Rod. the act of 1901 passed, introducing new
policy. This act, star as he had been able to
derive information from the history OF the Day
was not resisted in its progress on the principe
that it was departure from the liked policy OF
the country. He would say that, il such an ar
gument was advanced by any member OF
Congress at that day, he had not been able to
discern the fact. 1t was resisted, manfully re-
sisted. upon other grounds, and every inch OF
ground was fought. This law was repealed in
IS02--he believed rightfuly repealed, because
the law of 1901 was unnecessary Tor the exlgen.
cies of the country. Certainly the passage OF
the law of 1901 affords no aid 10 the argument,
that the extension of the circuit s., stem was con-
sidered fixed policy Of the country. In refer
ence to the law Of 1902, repeating that OF
1901, he would ask If that repeal was the result
of an anxions desire 10 reinstate the policy
There are gentlemen on this floor who could
assign the true reason Of the passage oil the
law of 1902. History furnishes the reasons
of the repeal Of the law Of 1901. He would
not trrsspass on the committee in detailing
historical facts with which they are as familiar
as himself. All he would now say upon the
subject was, that, had he been Member OF
Congress at the time, viewing the subject as he
now did. and differing as he did with his friend
from Virginia, upon this particular branch OF
the subiect-and he would say differing with
him in doubt Of the correctness OF his own OPT
nion-he would not have supported the law OF
1901 at that particular time. He found no.
thing in his review of that period that sustain
ed the gentleman from Pennsylvania, and to
Justify the opinion he had advanced that the
union Of appellate and circuit duties in the
Judges Of the supreme court was considered
part OF the fixed policy Of the country. When
we are referred to the law Of 1907, he would
ask whether it was a fair inference from the
passage Of that law, that this policy was to be
entailed upon the country to all time? The ex-
tension of the system to the seventh circuit was
clearly regarded only in the light OF an expert
ment of the system. 1t was, Thea, he consider
ed, hasty experiment, that had resulted IN
and ought to operate as eau
ton in making such experiments. lie was old
fashioned in his notions in politics. He war IN
favor of no new principles, especially as It re.
garded the Judiciary, or the extension OF old
principles, unless imperiously demanded by the
exigencies of the times. He was so anxious
that the Western States should be fully salts
fed upon this subject, that he would go thus
far-he would appoint the three additional
Judges, called Judges Of the supreme court,
but providing that the supreme appellate court
should never consist of more than seven MEM
bers-to consist now Of the seven oldest Judg-
es, and as they were removed by death or re-
their places to be supplied by the
three Junior Judges in rotation. Thus far ne
would 60, and no farther, unless it was demon.
strated 10 him, that, without the adoption OF
the bill under consideration, in the form now
before the committee, large portion OF the
popuIation of the United States would be e1-
Guided from the pale of justice. 1t had been