Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-17

which IL peculiarly adapted 10 the uspatch OF pu-
siness Is the number ten so great as likely TO
produce djscord and confusion in the examination
of a record, and in the hearing OF the arguments
of counsel The volume OF intellect is increas-
ed, and more confidence will necessarily be inspi-
red. 90 not wish to be understood as insisting
upon further an indefinite increase Of the num-
beers and when the time shall arrive for radical
change of the system, am for leaving it TO thoss
who shall come after us, to devise the best. 1t is
not likely, from the remoteness of The points TO
which the justices would be called the discharge
oil circuit court duties, and the very advanced age
of some OF the present incumbents, that more than
eight would be convened at the Capital OF the ma
ZION at the same term.
AS it relates to the ordinary cases which may
come before the Supreme Court, less number than
seven would not fail 10 administer Justice, and to
give satisfaction, and inspire confidence IN The de-
cisions of that tribunal but, sir, when reflect
upon the political character OF that court--that po-
inicai character alluded to by the gentleman from
Massachusetts, (Mr Webster,) and not the
which the gentleman from Virginia has given or
a<cribed to the expression used by him---l sat
slied that the number proposed by the bill is not
too great.
For myself, would be willing to trust the deci-
sion of any of my own; involving life liberty,
property, to the decision OF any justice upon
that bench aud if perchante he should err, the in
Jury inflicted would be limited i'll its efects-it
would be the misfortune OF a single unimporisnt in
dividual. But, sir, when questions are drawn be-
fore that court involving the sovereignty OF States
upon the durability and integrity OF which depends
the blessings and stability OF the General Govern
meat, am not one of those who think that court,
enigr ened, pure they should be, consisting of
ten jjuiges, is 100 large. The greater the number
VINO shall in any opinion touching the great
political of this Republic, the greater the
confidence, and less is the danger OF discomfort,
aud that faction which the gentleman so much de-
pfecates.
Sir, think am justified in saying that. had a
er+tcr number OF justices of the supreme court pre-
sided in the case Of Green and Biddle the citizens
OF Kentucky, however much afflicted by its princ-
pies, ouid have submitted with becoming respect
10 The decision oil that tribunal which their fathers
had constituted Tor the trial and determination Of
constitutional law, and which tribunal they will al
defend against the assaults of party or faction.
These people, sir, not opposed TO that system
of Government which they have Inherited from
their fathers; they will defend it, matter, - hen,
where, or by whom assailed. But, sir, the case
alluded to only the opinion of three justices
against one, and not of FIVE, as The gentleman from
Virginia has stated, and that opinion in opposition
to the opinion OF the supreme court of their State
And was unnatural that they should express dis
satisfaction: The necessity OF extending this sys
ten is only illustrated by the facts which have
been referred to. but from other considerations. Ii
has been correctly remarked by the Chairman OF The
Committee on the judiciary, that, upon the cour's
of the United States, at present organized, there
has been conerreda greater variety OF Jurisdiction
than pertains 10 any Judicial tribunal known. This
jurisdiction was conferred by the States in the Con-
stitution of the United States 1t then becomes the
duty OF Congress TO provide further tribunals 10 adj
,i,zss ifetbic &c eamay and mpartaliy 10 all the
which mean, that the streams Of justice shall flow
la undisturbed channels, from the same source,
throughout the whole extent Of this Union,
mensurate with the multiplied concerns of our
citizens. Aud, sir, think the present system is
the best calculated 20 answer that end 1t is the
work OF the Republicans of '98 (thoush am
sorry 10 say they have become rather scarce oil
late Shall we now abandon it, and take up a. the
Poison ADDER of 1901, the gentleman from
North Carolina ilr. Mangum) called il in debate,
yesterday.
The admission of the States of Ohio and Ten
nessee into the Union, prior to 1907, made il ne
eessary-nay, sr, repeat il, it was then thought
oy the Republicans, the duty of Congress Ito ex-
tend the system to those States. Six other States
have arisen in the West, whose wants require an
extension OF the system. Upon what principle of
justice and equal political rights you refuse it
You have already withheld 1t too long. Yes sir;
by refusing reduce the abors of The judge of the
7th circuit who has been SO justly eulogzed by the
gentleman from Virginia, by requiring him to ira
vel $500 miles per anntrIn, you have prosraed
MS constitution, you have literally murdered him;
and, when he Is no more, some other good and as
amable he, may be sacrificed the discharge of
public duties :. onerous for the physical ener
gie- % any of sufficient age be elevated to
tie Supreme Bench Whether the gentleman from
Virginia will be able 10 find such an one in the
Vest, do not know. III not, we will have TO
hunt for him in the mountains. And, peTsdyenture,
he may be only found on this side. / beg him to
reflect, then, before he will continue a system which
must kill up 10y one, our best citizens lest we,
on the West OF the mountains, may be left the
city of old, which had not one righteous man to be
found within it,
Shall stop here TO answer the graiuitous offer of
the gentleman from ~ Carolina, that, o satisfy the
wants oil the West he tender to US the chief Justice
who presides in his State: will not accept the
Gender, because do recognise the authority of
the gentleman to make 1t. | think hear the gen.
<lenan say tina; he did not tender him, but he was
willing to give him up. Sir | would be proud of
such Judge in the West he has, by his talents
shed lustrue upon the American Bench, which
will be the pride Of unicorn millions; but, sir,
this is not the time occasion 10 make bargain
with the gentleman 1t is a subject-matter of
contract--it is great political right which we
claim.
L. the business of character, in the new States
which may be investigated in the Federal judiciary?
! answer it is. Yes, sir, even the little State of
Illinois, the gentleman from North Carolina -
pleased to call her, will be visited by htigaio ion
arising from land title.
Mf. Mangum explained The gentleman from
Kentucky, by hi. remarks, makes me cast renec-
tion which did not intend. | meant no more by
She term Little Illinois than little Missouri or little
Mississippi. ] intended to convey the idea that as
these patents were not granted as they have been
in Kentucky ant Tennessee, controversies about
lard were no. likely to arise, as they hold their