Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-13
FRIDAY, JANUARY IS, 1926.
JUDICIARY SYSTEM.

On motion oil Mr. WEBSTER, the House having
again resolved itself into Committee of the
Whole, MIR. Tomlinson, Of Conn. in the Chair
on the bill "further to amend the Judicial Sys
tenn Of the United States" and the motion yes.
terday made to strike out the first section oil
The bill being under consideration
Mr.. MERCER, of Virginia then rose. The
Committee, he said, would do him the justice
to believe, that he spoke with perfect sincerity,
when he made the avowa, that he had never RI
sen in that Hall under sense Of heavier re-
sponsibility than he had assumed by his motion
to strike out the first section of the bill before
the Committee; nor had he ever, on any occa-
sion, fel, so painfully the inadequacy of his Zee
BILE powers to the duty which he had to per
form. confess, sir, said Mr. NJ. it was with
equal surprise and alarm, that heard, on the
frs, day on which the committee sat, motion
put. though happily no, then decided, that the
committee should rise and report the bill, with
out solitary murmur Of dissen, to its avowed
principles. My apprehensions were excited
yesterday, as this measure was fastening to the
same maturity, when :he voice of nv worthy
colleague sounded gratefully in my ear, through
the medium Of his rejected amendment, the
welcome signal Of opposition. am not only
oppressed by the vast importance Of the ques-
ton now depending before the committee, but
cannot be insensible of my own unfortunate 81
tuation, in being compelled to oppose a mea-
sure, brought into this House under the i'm
posing sanction Of the Judi iary Committee, a
Committee consisting of gentlemen celebrated,
no less for their professional learning than the
extent of their general requirements, and WIN
are sustained, on this floor, on the present occa-
sion, by the force Of their separate, as well as
their combined, reputation.
One raw Of hope, however, breaks through
the gloom of these acknowledgements. I am
cheered by the fact, that the chief organ of the
Committee, the very able Chairman, by which
this bill was reported, has acknowledged that
he Welded reluctant assent to some OF its pro-
visions, and has, in fact, as hope to prove,
disclosed its utter incompetency to fulfil the "a
vowed wishes Of its friends in the remedy that
il provides for the evils of which they COM
plain. NV resolution 10 resist this measure,
was even strengthened, by the argument in its
favor, delivered yesterday, in a manner so gra-.
tifying to this Committee, and TO no member
of il, more than TO myself by ga patriot soldier
Of the Somh," another learned organ of the
same Select Committee. was, indeed, not a
little surprised, when ] heard his objections to
our present judicial system, and traced the path
by which he had reached the conclusion thar
the present bill provided remedy for the evils
which he pictured. shall endeavor TO demon
strate, that its effects should 1t prevail will not
be, TO promote the distribution of prompt, inn
partial, and uniform justice. That, on the con-
trary, it will prove deleterious, if not destruc-
tive Of the vital principles Of our present Judi
cial system; that Of evils which ii processes to
cure-for some ii provides no remedy, and 9TH
ers it will aggravate
What, then, is the character of our present
federal judiciary, and what are the evils which
call 70. this great reform?
listened with pleasure, Mr., Chairman, to the
remarks of the gentleman from Massachusetts,
in the brief, but comprehensive history with
which he favored the Committee, that the first
Congress which sat under this Constitution,
had, with singular felicity, struck out, by one
act, judiciary system, which had, for so many
years, stood the unerring test Of experience, and
proved its own Amplitude to the genius and ne
cessities Of our advancing and still prosperous
country.
understood him emphaically to state, that
the only evil which he had heard charged upon
this system, in any Of the Atlantic States, was
4 delay, real or apprehended, in the proceedings
Of the supreme court, and, for this, he had
himself suggested very simple and efficient
remedy-a remedy whlCh constituted, however,
no part Of the bill on your table From the ST.
Mary's to the St. Croix, from the Ocean to the
remotsst Western verge Of the Atlantic States,
the people are in a state Of perfect contentment,
the honorable member assures us. with their
present judicial system Where then, are the
evils which call for redress? They are to be
found, il seems, beyond the territory which
have described In portion Of this Union,
in the prosperity of which my feelings are as
deeply enlisted, Mr.. Chairman, as in the well
fare Of the Atlantic States For all that con-
Germs the happiness of this country, ought to
feel the solicitude which express, because
know it well, and hold, in high respect and es-
TEEN, its worth and genius, as well native as &C
quired
And to what portion of this extensive and
fruitful territory are we referred for thes evils?
Sir, the Judiciary Committee tell us, by their
chairman, that they are confined to single cir
cult, embracing three, only, of eleven states
And in what do they here consist! In delay
of Justice, to such extent, that. on the docket
of the district and circuit courts Of Kentucky,
and chiefly, if not solely, on the latter there re-
"a undecided $50 causes. On the dockets