Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-24

against, that par,iality and State feeling, with
which a Judge ofa State Court might some
times take his seat on the Bench. submit 1t,
therefore, TO the gentlemen who are pleased to
sneak ofthis as Western bill, TO determine,
whether plaintiff or defendant is most likely to
be injured by an injudicious organization OF the
inferior Federal tribunals.
But, Mr.. Chairman, we are tod, that no
complaints have been heard from any other
parts of the United States except from Ohio,
Kentucky, and Tennessee. have myself
heard the opinion of some Of the gentlemen
from other Western States, in favor Of this bill;
and have no doubt that they will, unanimous
| ", Join those three States in demanding, as
matter ofrigM, that their States, respectively,
shall be embraced within the arrangement OF
the circuit court system; demand, not made
in superciious and arrogant spirit, but with
an unhesitating confidence in the intelligence
and sense Of Justice Of this honorable Commit
tee.
I come now, sir, to spak few words Of the
claims Of Tennessee, Ohio, and Kentucky; but,
more particularly, of the latter. We find on
the docket of the Fedenl Court, in Kentucky,
nine hundred and fftysui,s, many OF them OF
the most complicated character, requiring at
tenton and patient Investigation. Those &C
uuanted with the nature Of litigation in that
court, are aware that here is no reasonable
hope Of any considerable diminution al IL Tor
many years. On this pint, the remark OF the
gentleman from Illinois, MIR Cook,) as to the
North. western States, we're alike applicable to
| kentucky. The titles % real estate, through
the largest and most feitile part Of the State,
indeed in all that part If it subjected to loca-
ton under Treasury warrant claims, issued by
the State Of Virginia, we're derived from that
State; and, of course, IN every controversy re-
speeding those titles, When coming in conflict
with a title derived from the State Of Kentucky,
the jurisdiction of the Federal court attaches.
The titles to real estatein Ohio and Tennessee,
constituted source Of litigation but little, if
| at all, inferior to those tf Kentucky. He would
not detan the Committee by speaking either
Of the Occupying Claimant Laws OF Kentucky,
or the apprehension which Virginia appeared
TO feel, that this bill was designed by Kentucky,
as prelude TO a reversal Of the decision Of the
supreme court in the c,se of Green and Biddle,
upon the consti,utionadty Of these laws. The
gentlemen from that State need not fear any
such result The validity Of those laws had,
to be sure, been tested in the crucible OF judi
cial investigation, in both the inferior and SUI
DeTlOf courts OF tnat ndu oSSb uhi-
formly supported, both by the Judges OF that
State, and by very large majority of its ablest
lawyers; and, when decided upon in the su-
preme court of the United States, OF the four
Judges on the Bench, one was in favor OF them.
But the opinion Of the three, determined the
principle, and Kentucky was thus bound TO
abandon policy which she regarded as essen
tial 10 the improvement Of the State, and the
r. L. V,,.Ic
Marshall, as we were informed by the gentle
man from Virginia, through motives of delica-
cy, omitted to take his seat on the Bench, when
that case was decided but yet, the same gen.
tleman tells US, that his opinion conceded with
a. maSEGjsy s Sf Tbs es%ES The whole difficulty
ginated in the Legislature Of Virginia. That
State, through her Legislature, had issued war
rants for the location of at least three times the
number Of acres which were contained in the
territorial limits of Kentucky; and had made
it necessary, by the law on that subject, to make
the entry so special, that subsequent locatoEs
might be enabled to locate with certainty the
adjacent residuum; degree Of precision, which,
in many cases, was absolutely impracticable.-
But this was irrelevant in the discussion OF the
principles of the present bill. 1t is sufficient
for my purpose to shew, that, such is the num-
Der Of suits, however they may have original
ed, now pending in the Federal court Of Ken
lucky, and such the difficulty of their determi-
nation, that there exists an absolute necessity of
some redress 1t had, indeed, been admitted,
that the situation of business in the Federal
court of that State, imperously demanded le-
gisla,ive interference. But remedy had been
proposed by the gentleman who made the &C
acknowledgement, Mr.. Powell) lie was willing
that Judge should be appointed, with COM
petent salary, equal even to that of Judge Of
the supreme court, but that he should not be
allowed to take seat on the Bench of the su-
preme court cannot believe that there was
an intention to cast any reflection upon the
West, because the gentleman remarked, that
he had no doubt, men of great talents, and eve-
ny way adequate 10 the discharge of so impor-
tant and arduous duty, might be found in the
States of Ohio, Kentucky, and Tennessee
But, sir, moments reflection ought to be suf-
6cient to satisfy the Committee, that propo-
sition to send US mere land commissioner,
would be rejected unhesitatinsly and indignant
ly. The people of the West will not rest sa-
tis6ed with one single mark Of respect less
than that which is bestowed on any other por-
ton Of the United States.
But, Mr.. Chairman, it has been objected,
said Mr.. B that, should the bill pass, the num-
Der of the Judges, for the discharge Of ordina-
nv bu sipeee ,yo,id no inronvenipntIv larce -