Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-14

= ''icdi INSTITUTIONS, the only important bill in rela-
ton to ousjudical system, which has passed ei,be
brauch of this Legislature, is that which the Senate
sent to this House seven years ago, proposing &c
e reduce the Supreme Court 10 five Judges and 10
e relieve them from their circuit duties.
e ne are now about TO propose 10 the Senate, 10
= double that number. In all the severe ordeas 10
whch The Character ana stability of that court has
oeeh exposed in the six and thirty years that it has
now endured in ali the effort, 10 shake its s,ea5,
purpose OF universal justice, nothing re,embns the
present proposition had been, therefore conceived
3 or attempted We have passed through a war of
severe suffering, and brought from its " Ell! fought
battles, by sea and land, standard covered with
unfading honor. The politics OF Europe aetate us
, less than the ocean which beats upon our sbsre,
! the old partitions OF party broken down and
'iat coordinate branch of our happy Government
which imparts stability 10 the rest, and has suryiv
Gu 30 many elements of change and mischief, is
now threatened with an entire revolution A new
Illumination has been cast upon the proper struc
= lure OIL the Supreme Court, manifesting it seems
the necessity of agreat and immediate augrnenta-
ZION oil It's present numbers. II is a court havinp
great political power, and the better to administer
that power, It's capacity for all other purposes of
u'ihty is TO beinpaired, the chief advocate of
.h's change has himself distinctly admitted, and.
ihoeeu, partly demonstrated. Is any change re-
ed even Tor this purpose? Let us consult the
history OF the court and, for authority the chair
man OF the Judiciary Committee Is there an oni
mon or Judgment of this court involving cues
tion oil constitutional law, which that gentleman
condemns?
How many years elapsed, after the formation NJ
TINS government, before any change of that court
was proposed, and how little change has time eE
Iected In It's structure? How have the peopJe re
gafoed II! with what unvarying trust and conf
dence, may say venera,ion and love? I sneak
NOT Oh tue transient dIsguss of particular
or communities. One of the earliest complaints
| If; to
perhaps the very first aernp, to impair its au,bori
", a. the expostor of the Constitution in the last
resort was made, by Pennsylvania IN the ceIebra-
ted case OF Olmstead. That State threatened an
armed resistance to the officer of the court which
was met, with firm decision by the Chief NIaq;s-
trate OF his Union. He not only refused IN nend
I TO the storm, but gave explicit warning thai IL
the resistance continued he should order the ,roops
OF the United States to put it down. At that mo-
rnent OF Justification, Pennsylvania called upon her
sister States to aid her in establishing tribunal al
together distinct from the supreme court IN all
lndSe controverted questions of constitutional law
Sir, remember with mingled pride and pleasure
! the conduct OF Virginia, when this call was all.
dressed TO her, Fer Legislature answered. mos,
respectfully, but with simple breviy, that the Con-
sliution OF the United States had already provided
| this tribunal in the Supreme Cour, nj tho Ir;,a
States, and that better could not be created
This, sir, Wac then the unanimous voice of The mo-,
numerous legislative assembly, eXcent that of the
ancient, and perhaps of the present State of Massa
chusetts-an assembly, which from its very mr.
beTs, must be regarded like numerous court of;ns
nee, 10 be exposed 10 the Influence of iactious
teelinss--the assembly Of State which he'd con
tested the consii,u,ionaiy OF ihe first system q,
internal taxes, had more than doubted the cons,;,u
tionaiity III The National Bank and resisted az far
as argument could go, the constiintonality. also
OF the alien and sediiion laws. All these consi
tu,lona questions ere agitaied with many Others,
"hen This Slate had no Judge the bench of the
supreme court, and a. Line of greal PARTY excite
ment. Her judgment has been consistent and mi
form. And where now arc hose complaints which
were heard IN tone so angry, from the rich
fiour'shlng, and enlightened Stale OF Pennsylvania
In despite Of her natural and Just pride, wounded
by threatened force, and unsoothed by judicial no
nors, she walks at peace with her sisters. and !,
harmony with the Court.
How are the complaints now made from the
! west, and especially, from Kentucky, to be re-
dressed! Not by the lenent influence of time
but by the rude hand of perlous innovation. Sir.
the remedy is palpabie. II is to bring three adl
tional Judges upon the bench Of the supreme court
\ from the w est. Does any member of this Com
miitee really believe they will be selected
from any other quarter Of the Union? What did
'he almost unanimous rejection Of the amendment
proposed by my colleague Imply? That the Com,
mlttee believed that arrangement would be mads
oil the allotment OF the present Judges il the bill
| f'7''" v" no Wcseht IoTIn. lhe Three additional
circuits, which 1t creates to the West are there.
tore, to be supplied by three Western Judges. I,
Is not to be expected, that members of the profess
SION oil law from the East will be deputed if tb.
oi shall pass, to fulfil its acquisitions to the West
NO, sir, these judges will be chosen from the pro-
fessIon over whose circuits they are to preside IL
tais Dill passes In the spirit which prompts it's adj
vocaies-to identify The Judge with the people
the Judges should be from the West and hat then
sir. viii be the result, You will have three new
| Western judges suddenly transferred from the
bar to the bench Of the supreme court NY col
] league and friend near whispers four Tie pre
sent venerable judge OF the Western circuit IL in
deed confined to his sick chamber, and rumor
states That he is dangerously III / wish him
speedy restoration to health and to that bench ON
which he has been distinguished by an Underwriting
hrmGcss and reciitude. Let him live or die, his
memory will be cherish ed, with affection, where
yer the name and story of Moultre shall be heard
4 The Committee will pudon this depression, TO
which have been led 10y the whisper of my
friend, az thought, that there would be four new
judges from the West In relation 20 the proprety
OF this sudden augment alton of the number Of the
judges OF the SUPP enc court, the Chairman of the
Judiciary Committee acknowledges that his mind
has undergone great change of opinion within a
short time past. had the report OF his speech,
and believe quote him correctly. / certainly
wish 10 do so.
i Mr. Webster, in explanation said, that, il any
observations Of his had attracted the attention Of
the honorable gentlemen from Yrgnia, he w shed
them to be correctly stated What i've had said
was, that tn relation TO The general question, whe-
ther it was cxpcdient and desirable im itself To re
eve the Judges Of the supreme court FROM the per
{ Torrance Vi circuit duties, his own opinions had
q Undergone come change