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

in which complaints have been made from
Louisiana, that injustice has been done to her
citizens, because the civil law prevails there,
and because, from the ignorance OF the Judges
of the Supreme Court of the principles OF that
code Of laws they have not administered the
law rightfully and Understandings? Ii such
case has occurred, this Committee are igaoi ant
Of the fact.
In Kentucky, Ohio, and Tennessee, have al
ready conceded, and now reiterate the conces-
sion, that oppressive evils, resulting from 'he
delay in the administration Of justice, exist
delays of Justice equivalent, at present, almost
to denial of Justice. In the removal OF these
causes of delay, have already said, ard now
repeat, am ready to go with the judiciary
Committee and the House, IN any measure
commensurate to the object It's remarkable,
that the evils complained OF, belong, II not ex-
clusively, certainly to the greatest extent, TO
district of country now possessing, and which
has possessed, from the year 1907, all the tacl-
lities and advantages of the circuit court sys-
TEN, under the immediate eye and superlntend-
ence of Judge of the Supreme Court. Is it
not most striking, most extraordinary, that the
evils and delsys OF justice we are now called up
on TO redress, grew up, and now exist, under
the very system which the present bill seeks to
extend to the adjacent States, hitherto living
without this system, in tranquility and content?
The states Of Kentucky, Tennessee, and o.
hio, complain the loudest, and with the most
cause, of the delays Of Justice. They now en-
Joy the circuit court system, and nave enjoyed
it since the year 1907. Ever since that period
they have had the benefit of this panaeea, which
is to remove all evils. Their neighbors are
tranquil and content without the system: still,
it is insisted, it must be extended TO them also.
At what period did the delays of justice, in the
seventh circuit, and the train of evils complain
ed of, originate? Have they not gradually In
creased since the establishment OF that circuit,
up to the present time? If such be the fact,
and il is conceded on all hands, ought 1t not to
be conclusive argument against the extension
of that system? If the participation given by
the act of 1907, instead of extending train OF
benefits, has had the opposite effect; and if this
effect could be accounted for il. no other way,
would it not be conclusive againt an extension
of the system, lest we should thereby Introduce
into States, now in tranquility and harmony.
the same extent ofevils which have grownup
under the system in Tennessee, Ohio and Ken
lucky? | admit that the system is not entirely
chargeable with producing or augmentlng the
delays OF justice: they are attributable, IN part,
TO various other combined causes: LIST. The IN
trinity of the Judges-a cause Of delay incident
TO the very nature Of the system. Q. The ex-
tent of the country and population. 8. The
multiplicity of business growing out OF land
controversies. And fourthiy, and mainly, 10 the
delays incident to the organization OF the State
Courts, and the character of the Legislation OF
the state of Kentcky He would ask gentlemen
from Kentucky, if their courts had been so or
ganized as to administer justice promptly-if
their acts of Legislation had been calculated TO
expedite Justice, and not to retard it-wopld
not suitors have prosecuted their rights in the
state tribunals, rather than in the Federal
Courts? In Virginia he had been taught, by
experience and observation, that suitors prefer
red the State to the Federal Courts, where both
had Jurisdiction. In the courts Of that state the
Of justice is speedy and certain
There is now, although the remark would not
have been formerly correct, no legislative inter-
ference to retard The preference is to be &C
counted for, upon various considerations: the
profession, which, in such matters, always ex-
ercises an influence over public opinion, perter
state courts for their own convenience, and
that in doing so, they facilitate the interests OF
their clients. The preference is also attribute.
BILE to motives of economy in the prosecution OF
suits. in which the plaintiff was interested as
we'll as the defendant Extra fees are higher IN
the Federal courts that in the State tribunals
There is also greater expedition in the recoye-
rv of indictments, in the State courts than In the
Federal Courts, because of the greater extent
of Territory over which the Federal courts have
Jurisdiction, and the consequent difficulty and
uncertainty in getting parties before the court
The attendance of witnesses is also more difl-
cul, and precarious. But it was unnecessary
for him to dwell further on the subject, as APP
plicable to Virginia. He appealed to gentlemen
from other states, whether the remarks dld not
equally apply to their sections ofcountry. ne
would even appeal TO the gentleman from Mas
sachusetts TO sustain him in this Iosltlon. ne
stated that he believed he had assigned the
main cause why the Kentucky docket was
crowded. The delay with which Justlse is adj
ministered in the state courts OF Kentucky-a
delay perhaps attributable to the course OF le-
si,lation of the state-has driven suitors into
the Federal courts. But although this is the
case. he sincerely hoped it would be only tenn
porary in its duration: and that by speedy re-
turn of Society to healthful state, it would be
quickly and effectually removed. He hoped and
believed the tempest which had shaken that
State 10 its foundation, would shortly suoslde;