Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-10

Court may not be separated from the circuits, II
any other suitable provision be made.
As TO the present bill, MIR. Chairman, il will
doubtless be objected that il makes the Supreme
Court too numerous. In regard to that, am bound TO
say, my own opinion was, that the present exisen-
cy of the country could have been answ cred by the
addition OF two members to the Court. believe
the three Northw eSern States might well enough
go on for some time longer, and form Circuit of
themselves, perhaps, hereafter, as the population
shall Increase and the state of heir afar require it,
The addition of the third Judge is what assent TO
rather than what recommend. 1t is what would
gladly avoid, If | could with proprety. But, on
the subject of the number of Judges, admit that,
Tor some causes, il will be inconv eniently large:
tor such especially require Investigation into
matters OF fact, such those of Equity ard Adj
miralty; and, perhaps, for all private causes, gener
ally. But the great and leading character Of the
Supreme Court; is most important duties and its
highest functions, have not yet been alluded 10.
Ii Is Its peculiyr relation TO this Government, and
the Stale Governments: Il is the power which it
fightiu!y hold and exercises OF revising the opin-
ions OF other tribunal on Constitutional questions
as the great practical expounder of the powers OF
the Gov eminent, which attaches 10 this tribunal the
greatest attention, and makes ii worthy of the
deliberate consideration. Duties at once so i'm
sibili,y, and require talent and weight
o. character. a very small court unfit Tor
these high functions. These duties, though essen
TALLY Judicial, partake something OF political cha
racter. The Judges are called TO sit in Judgment
on the acts OF independent States: they control the
Will ot Sovereigns they are liable be exposed,
| therefore, to the resentment of wounded sovereign
pride; and from the very nature of our system they
| are called on, also sometimes to decide whether
Congress has not exceeded its Constitutional limits.
Sir, there exists not upon the EARTH and there never
did exist, Judicial Tribunal clothed with powers
so various and so important. / doubt the safety of
rendering it small in number My own opinion is,
that, II we were TO establish Circuit Courts, and
to confne their Judges their duties on the ben b.,
! their number should not all be reduced: and if
by some moderate addition TO it, other important
objects may well be answered, | am prepared to
vote tor such addition In government like ours,
entirely popular, should be taken in every part
OF the system, not only to do right, but to satisfy
| the community that right is done. The opinions
OF mankind naturally attach more respect and con-
| hdence TO the decisions of Court somew hat
| numerous than to those of one composed of a less
number. And for myself, acknowledge my fear,
| that, IT the number OF athe Court W ere reduced,
and ITS members wholly withdrawn from the Circuits
1t might become an object OF unpleasant jealousy
and great ds,rust.
MIR. Chairman, / suppose need not assure the
committee that, II saw any thing in this bill
which would lessen the respectablity or shake the
Independence of the Supreme Court | am the last
| nan to be in favor OF it. look upon the Judicial
| Department of this Government as It's main SIM
| port. am persuaded that il could not exist with
ontlt. shall oppose whatever | think calculated
to disturb the fabric OF Government; to unset,le
what is settled; shake tie faith of honest men
IN the stability OF the laws, the purity of their
| administration tany gentlemen shall show me
nat any OF these consequences is like to follow the
adoption OF this measure, shall hasten to withdraw
from 1t my support. But think we are bound to
10 something; and shall be most happy if the wis
dom OF the House shall suggest course more free
OF difficulties than thai which is now proposed TO it.
When MIR. Webster concluded his remarks
Mr. Mitchell, OF Tenn. said, this was a subject
oil great Importance and, after the able and esbo-
rate argument of the gentleman from Massachusetts
Others well himself might desire some time Ia
iiecs on the subject; TO aford an opportunity for
which, he moved that the tou,mt,ee now rise
+ The Com.siitee rose accordingly, reported nra.
gress, and obtained leave TO sit again and
| The House adjourned. [Nat. Int.