Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-09

that quarter he considered as entitled 10 the NC
lberate attention Of the House; and by himse',
If was ALWAYS received with respect. lie hau
understood, from the course of argument oil the
gentleman from Massachusetts, that his on,
iect in increasing the number of the Judges Oh
the Supreme Court, was, to make 1t more ae
pendent on public opinion, by enabling the
Judges to hold more intercourse with the Peo
nle. and thus TO become acquainted with the Po-
pular feeling, and to make it sympathlse win
the people. He would be glad to know II a
numerous Bench could more easily command
popularity than one Of limited NUMBER ne
took view of the constitution OF the diner
ent State Courts, to show that there was not
| more than single precedent for greater
number Of Judges than five. Maryland, he under
stood, had six; but there was nothing IN all the
usage of the United States to authorize the for
nation of Bench of eight judges. The OBJ
iect of this increase, then, is, political object
| 1T is to fit il for the discussion and decision
of political questions, and not to satisfy the dis
| contenled population of the western States.
| Here the honorable member made reference 10
charge which had been made against some OF
the Judges Of the Supreme Court, some ilme
since. in relation to the concealment OF judicial
opinion. and all erroneous decision, and stated
| some circumstances within his knowledge.
But as we were unable TO catch the language
of the honorable member, VIC shall content our
selves with a mere reference 70 the subject,
without running the risk Of giving an incorrect
statement He went on to state that an increase
O. the present number of Judges would not have
the effect Of expediting justice Whoever
heard that ten judges could despatch business
with more expedition than FIVE? The gentle
man from Massachusetts had not asserted tins
as reason for this bill, but had put its expedl-
ency on the ground Of exposition OF law ana the
Constitution. The effect, instead OF creating
more expeditions mode OF doing business,
would be directly the contrary. We should
have one Judge from Kentucky, one from len
nessee, and one from Ohio, and thus faction
would be introduced on the Bench, and perpe-
tual discord and division would be the conse-
quence. The best provision Tor giving more
expedition to the business before the Court was
that which the gentleman from Massachusetts
had himself brought before the House, when he
reported the bill to provide for an earlier COM
mencement of the session Of the Supreme Court.
Some reduction had already taken place in that
business A short time since there was one
hundred and seventy six Causes on the docket
now, he understood, there were about one hun
dred and ior,y-sx. The real object of the pre-
sent bill was political--it was inteHded Tor po-
litica purp ses, and none other can be aledSed
in its support.
What is the Court of Appeals? 1t is court
for the second tral.of cases which have been
once decided 1t is for re hearing and re-ex
animation by an impartial tribunal, OF cases
which have been determined. What is the
course proposed? You state that you send the
Judges into different circuits, in order that they
NAV obtain information OF a local character -
But, in appeal cases, this argument will avail
little. A case which has been decided in Cir
cult Court is brought up for appeal; but 1t is
not decided by the Judge who had been allot-
ted to that particular circuit; foritis an appeal
from his decision AS the Judges who have to
decide OH the appeal have not travelled that cir
cult, the opportunity of obtaining local nfor-
nation has not been & wen them, and thus this
argument falls to the ground Now, where
there is District Court exercising the powers
of Circuit Court there is no Supreme Judge
10 obtai knowledge, nor is there any appeal.
On the other hand, where Supreme Judge
and District Judge are associated on the bench
OF the Circuit Court, appeals are frequent.
There was, however, capital objection,
which would lie against the whole system In
one of the reports which had been published
of the remarks of the gentleman from Massa-
chusetts, and from the identity of language
which existed between his own notes and the
terms fthe Reporter, he'was induced to be-
lieve the expression was correct-lt appeared
that he had predicted that the time would soon
come when it won be necessary to separate
the Supreme from the Circuit Courts. Ifsuch
a time was approaching whence the necessity
of appointing these additional Judges.
He would say this last apparatus was only
intended for temporary purposes, if we have
even prospect ofarriving at that perfect sys-
tenn which the gentleman from Massachusetts
seems to contemplate, when the Courts will be
severed Why then should we have the appa-
ratus which is now proposed? Why should
we not retain, for the short time which is 10
elapse, the same system which has already been
found sufficient for all our purposes for so ma
ny years? The gentleman from Massachusetts,
had even gone so far as to state the precise
time when this separation of the Courts might
be expected to take place He had even named
30 years He would be glad to know why an
earlier period could not have been fixed? Why
not ten years? Some of our present Judges are
al present old; and if the time was so far pro-
crastinated, he feared the new circuit system
would drive some of our venerable old judges
from the bench before that time.
T.. bic civ 1yic b IN rriv 1