Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-13

Of the United States and other absent collectors
for the recovery of debts. But the most vaua'
BILE conclusion which, for my present purpose,
-propose to draw from this document, is that
which meets directly the chief argument OF the
gentleman from South Carolina, to which the
gentleman from Massachusetts annexes great,
though less importance, since ne would leave
the three Northwestern States, for some years
longer, 10 the circuit powers OF the single Judge
Of their present district courts, and ne would
not only De content, out apparently better satis-
fed, with nire, than ten Judges, on the bench OF
the supreme court. The argument OF the gen.
tleman from South Carolina, reproaches our
present judicial system with inequality and In
Justice, because il does NOT allot to the district
courts Of these and five other western States,
some Judge OF the supreme court Now, sir,
of this argument, first remark, that, II 1t be
sound, it leaves The Judiciary Committee with
out apology for an obvious anomaly in their own
system. What relief does the bill upon your
table provide for the Western Districts OF New
York, Pennsylvania, and Virginia; the last OF
which, with full noiety OF the white popula-
ton Of that state, comprehends three hfths OF
its territory That honorable member repre-
scented this inequality of Justice as incompati-
bic with its most obvious and necessary ends.
Sill tits remarkable that it was approved and
zealousy sought in the Atlantic States, by the
people or their representatives, whom 1t is thus
supposed TO imIure and degrade. My very
learned colleague and lamenled friend, now no
more, who once represented on the floor of this
House Congressional District west of the
Allegheny, believed, well know, that he rem
dered an essential service to his constituents,
when he erected western district court in
Virginia, having Judge invested with the
powers of a circuit court; aud that he was
not mistaken; not only did his reelection
prove, but his colleagues and mine, Of the
rich and populous valley on this side OF
the Allegheny, sought and procured an ex-
tension Of the jurisdiction Of this court east
wardy, as far as the summit of the Blue Ridge.
The office of Judge for this district, Ut has been,
indeed, sometimes found very difficult 10 fill
A friend Of mine no sooner accepted, than he
resigned it. 1t was rendered TO Judge of our
general court, but he preferred mis- state APP
pointmenI, not, presume, because he objected
to the great extent of its undivided authority
though he might have anticipated some morti
6cation, in travelling over a vas, extent OF
mountain and valley, rivers and rocks, through
q
fendant sutton al the many seats of justice in his
wide jurisdiction, except, perhaps, in the single
village of Ciarksburg 1t never did, am sure,
enter into the imagination OF the people Of the
Western District of Virginia, or Of either Penn
syvania or New-York, that they were neglected
or maltrealeG, because Judge of the supreme
court was not sent to assist, by his advice and
counsel, their district Judge; or to multiply the
chances Of appeal; the power OF which, is as
complete, from the judgment Of "a single Judge
IN district court, having circuit court powers,
as from the circuit court itself In this docu-
ment | have, moreover, an unquestionable
ground for inferring, certainly without the least
Unconditional disrssr----.--- y-l,-- sc IT,
preme court, that in these and other districts,
having "a single Judge, with The powers Of cir
cult court, justice does not suher from their ne
cessary absence.
From the district court Of East Tennessee,
but one docketed appeal, on the records OF tie
Supreme court; from the Western circuit court,
consisting of two Judges, and one of them a
Judge of the Supr me court, there are nine APP
peals, as there are from Kentucky and from
Ohio nine wiie from the district court OF
Louisiana embracing, within its manifold Ju-
risdiction, admiralty, equitable, and common
law, the rich emporium OF the commerce OF
the West, there are but five appeals.
From those districts, therefore, wherein there
is no circuit court, where, in palmer phrase,
no supreme Judge ever presides over The adj
ministration Of justice, there are but few APP
peals-while, from those, which are favored
with the benefit Of 4 circuit court, in which a
Judge Of the SUPP me court sits with the dis
,rct Judge, there are not many appeals, indeed,
but many more than from the former.
Any answer TO this reasoning, if, indeed, it
be deemed worthy Of reply, would have more
force with me, if did not too well know the
actual condition of the courts of Kentucky,
from which the loudest complaints proceed, OF
the defects of our present Judicial system.
know their condition, and, knowing it, | aver
that those complaints cannot be redressed-
They would be aggregated by expediting the
proceedings Of the federal courts, without a
radical Change of the principles which guide
their decisions nnhesitatngly aver, there
fore, my belief, that the remedy proposed by
the bill on your table, if il shall not operate SO
as to produce other effects than those which
seem to be anticipated by the gentlemen from
Massachusetts and South Carolina, who have
addressed the Committee, will not produce the
benefits which many of its friends seek and ex-
pett to obtain. Ii is neither commensurate
with the imputed evil, Of which complaint has