Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1826-02-18


wealth and population, similar litigation must
increase
But, in relation to the sources OF litigation,
as regards real property, there was apecularl-
ty in relation to seven of the Western States,
which distinguished their situation IRON that OF
all other states OF the Union. In these seven
states there was not foot OF land where the
foundation of its title was drawn into question,
which did not constitute "a ground tor federal
jurisdiction. The original title to any land
within portion of those states, was founded
on grants either from the foreign governments
which had held possession, from the United
States, or from some other OF the individual
States, who once had proprietary interest IN
those lands; and where the foundation OF IT,
tie was drawn i'll question, whether between
residents OF non-resldents out OF those States,
the controversy would be entitled to federal
decisions.
Another prolific and distressing source of
federal jurisdiction would be found in the
lands which had been granted to the soldiers
as military bounties. Some six or seven mil
lions of acres of acres of land had been granted
to the soldiers OF the late war; in lots of from
100 to 500 acres by way of irducement to ell
ter into the service of their country.-These
grants had been made with restriction on the
r
, specified period. 1t was known that many
frauds had been practsed on the soldiers, and
principally by non-resdents of the States
where the lands were situated and the settle
ment Of all contests growing out OF this state
of things would, therefore, became the sub ject
of federal adjudication. In addition to this,
the soldiers themselves who had not parted from
their property, as well as those who had pur-
chased from them, had in many instances been
delinquents in paying taxes upon them. This
delinquency had forced the states, in order to
raise It's necessary revenue, to make sale of
large portions of these lands and controver-
sizes, therefore, which might grow out of these
purchases, between the original holder and
the purchaser from the State, would also con-
stitute fruitful source Of litigation for fede.
raj jurisdiction.
These considerations, in addition to those
which had been advanced by other gentlemen,
could no longer leave the propriety of adopt
ing some measure, in any degree question:.
Bile.
He would now proceed, in brief manner,
to examine the subject in reference to the
principle Of the bill. In the course of the dis
cussion three plans had been proposed:
| LIST. A Supreme Court with appellate juris-
diction only, except so far as The Constitution
| and the establishment OF Circuit Courts in the
several states, in lieu of those now held by the
| Judges of the Supreme Court.
| 2dly. The creation of Circuit Judges to meet
| the present exigences of the West not to be
| members of the Supreme Court, and to leave
the Supreme Court with its present organiza-
| ton.
| 3dly The system proposed by the bill un-
| der consideration. The objections 10 the first
| system have already been So ably and SUCCESS
| fully urged. that he did not believe it neccssa-
ry to add any thing hnnself.
In reference to the second, it struck him at
the first blush, that every individual capable
| OF approaching the advantages of equal .jurs-
dlction, would see the objections winch would
present themselves to this plan. These OBJ
I)ectlons bad been dwelt on with great power
by gentlemen who had proceeded him; and,
in addition to these, We could avail ourselves
Of the aid OF a little experience on the subject.
| In the year 1900, an act was passed separating
the Supreme Judges from the Circuit Judges,
and establishing the system embraced in tins
second proposition. The experience OF one
year, however, when contrasted with that OF
the ten years which preceded it, caused sud
den repeal of the law Congress then re-es-
tablished the former division into Circuits, and
|
which the experience often years had proved
20 be best adapted 10 the genius and wants OF
the country In relation to the proprety OF
extending the present system, we have the
| experiment Of the law of 1907 for our guide
The question then came under discussion, and
| the system was extended.
| We have now arrived at new era in the
growth OF our country. We have the eXpe
rience which period of IS years, with the
exception OF a single year, affords, OF the ell
tire efficacy OF the present system, TO guide
our future legislation: and if no other advan-
| tages should result from the discussion which
| The subject has now called forth, than the
| knowledge we have obtained OF the nature OF
It's operation in the different states OF the Union.
| that knowledge is, in itself, an important ad-
vantage.
The objections which have been urged
against the extension OF the system, are few in
| numoer. In the first place, it is objected that
| the number Oh Judges proposed BY the present
bill is 100 great, because, by its extension, a
door is opened for the admission of faction and
;mpurlty on the Supreme Bench; aud the dan
ger of making it a political court is created.
The gentleman from Virginia, (Mr. Mercer,)
had stated in support of this objection, that
the proposed number of ten Judges is alto
gether without parallel. He would not tray
el to any distance to find instances which may
be urged in recitation OF this objection but
he would content himself with referring the
gentleman from Virginia to an example at
home, of the constitution of court which
| contains within one of the Objectionable num-
Der of Judges created by this bill.
The articles of Confederation provide, that
there shall be not more than nine, nor less
than seven Judges, to be appointed in the
manner prescribed by that instrument, for the
settlement of all questions of boundary and
territorial jurisdiction, between the states; as
well as all questions involving private proper