Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-12

in his own mind, to support and illustrate his
original opinion. Sir, this is human nature. a
Judge has charter by which Ice is exempted from
the irailties OF humanity. Is, sir appeal, under
such circumstances, such an appeal will ansn er
the purposes ofjustice! But in those circuits whers
judge OF the Supreme Court presiles, associated |
with the Dstric, Judge, the case is different. Here
there is an appeal, not in name only, but in fact
The appellant has tie benefit of unbiased and
dsinterested opinion, proceeding from one who Is
likely TO have influence with the District Judge.
Here there is no prediction for previous judg-
ment to be encountered, and there is a reasonable
probability that the appel an o'tans dsc.s.on In
his favor, ii lie, is entitied to it.
Now, sir, this Is most important and aluable
benefit, which the suI,ors in one part OF the Union
possess, and OF which those in another part OF the
Union axe deprived; and m these two judges
cannot agree, their difference Of opinion is ceri-
fed 10 the Supreme Court, and that court pronoun-
ces beiwt en- them. But where District Judge
exercises Circuit Court powers, this great advsn-
tage is not enjoyed In such a court, there can be
no division OF opinion for there is but one judge,
and OF course there can be reference iroh him 10
the Supreme Court Ii is true, an appeal exists
when the amount rs over 1900 dollars ; but Eoy
May causes, where The sum in dispute is less than
2,OUO dollars, Involve questions of nice and eXri-
cate law, and are connected with principles OF
deep and extensive Importance Is IT rot vas,
cation OF single District Judge, and submit them
to all the learning and experience of the Supreme
Court ! And isi right that, while this advantage
/, extended 10 some OF cuiZens, it should e
withheld from others, who have an equal claim 10
it
Yet, Mr.. Chairman, link there exits an evil
still greater than any which have ,aea,ioncd: In
Circuit Court, before Judge clothed with crcui,
jurisdiction, ii motion is made for a new trial, in
"A rnin .ife fh,.t tia
ton, the liberty, and even the lie OF the accused,
the decision of that District Judge is final There
Is no revision OF his decision. But wien Judge
oil the Supreme Court sis OIL the Circuit with the
District Judge, the decision of the latter if erone-
ons, may be corrected by the reasons and learning
ofhis associate. And, in all criminal cases, the
Judgment of the Circuit Court is final unless there
should lie division in the opinions OF the judges
when the points, in which this div ision exists, are
ultimately decided upon by the Supreme Court.
Where the Circuit Court is composed Of only
single Judge, this division of opinion cannot arise
aud cIlizcn charged with tie highest Offences in,
one part oil The Union, is condemned by the ire
vesiLe decree of single judi whilst in another
part ei it, Lie has the benefit Of an appeal to
separate court, and, should the Judges of it di-a
gree, 10 the Supreme Court OF the United States.
Where the amount in dispute before District
Judge, exercising the jurisdiction offs Circuit Court
exceeds $1,000, an appeal lies from his decree TO
he Supreme Court, directly. but even this right Is
greatly encountered The distance, the time, the
expense, all formidable obstacles. But, where
there is Circuit Court, an appeal can be had with
almost no difficulty at all. The decision OF that
Court may he satisfactory, but. if not the final ap-
peal 10 the Supreme Court is still open
Another evil growing out of our present partial
distribution or justice, Is, that from those paris of
the country where there are only District Court
WITH circuit jurisdiction, the Supreme Court is un-
aided by the learning and experience ola judge
peculiarly conversant with the local and
of the circuit in which he presdes. The District
Judge may record aud transmit his decision 10 the
Supreme Court, but he cannot be present; he can
answer no questions; he can give no verbal eiuci
cation OF dihcultles unexpectedly Arising. The
Circuit Judge can do this, the advantage of which
/ Is too evident 10 require any comment
! Mr. Chairman, could detail many other instan
ces OF inequality, which mark our present admins
,rstion of the laws; but ] am unwilling TO fatigne
the House by doing If, hen such inecualties
do exist, and such grievances fel, in some sec
lions OF the Union bat rot In Others can he ques-
ton he answered III any other way than h. aGir
native, hen ii Is asked, l. Justice unequslly nd
| mns;erei in the Unite, States? Yet the citizens
OF this Repablc have all right TO justice, anr'
nave all an equal rlssi 10 n; and, possessing this
right. they ask no more of Us than to grant IT,
The next inquiry is, whether the remedy pro-
posed for this evil is practicable and efficient
remedy. It's Pracicaby admits OF 40 dispute I,
Is practicable because it practised: and th, bill
only proposes TO apply 20 one part of The Union
what aiseady exists IN other parts OF it. There can
be little dlnicuiiy ~ s'iewiDg that il will remedy
the evil. The mel fact of the existence Of Courts
OF the United States, upon 'he system Of the pre-
Sent bill, add no where complained Of demonstrates
its efficiency. There one objection urged by the
honorable gentleman fro Virginia, and which had
retere.ce 10 the proposed number of the Judges
lie stated ~ objection 10 this part of the bill; bu,
ii lie assigned a.y reasons in support OF it, | was
not fortunate enough TO lear them. No doubt he
could have advanced such " ouId have been plau-
sible and lngeniously maintained.
MIR. Powell here asked leave 10 explain: and
Mr. lirayIon giving way for this purpose, Mr. p.
said. that he had expressly stated, when last IN.
that 1t was not bis in ention at present, 10 urge
ans OF tie objections lie might have to the bill He
had barely mentioned some fthem, in very general
terms; but had confined his argument entirely o
his proposition for amending the bill
MIR. dayton observed, in reply, that he did no,
wish TO combat any argument w hich had not been
adduced: Tor he had right 10 presume, unless the
bill met with open opposition, il had the approba-
ton ct the Committee. Another objection of the
gentleman from Virginia, which was made and
which lie believed he did hear, was directed TO that
feature OF the bill which allows TO the Judges the
allotment OF their own duties among themselves
As TO this, lie would merely remark that il is no
more titan the exercise Of the same power which is
possessed by every other branch OF the Govern
inent. The Judges, as Judges, are an independent
body, and are more competent 10 arrange the in
terror detail OF their own department, than sny
other persons can possibly be. This is the only
power which the bill gives them. II refers TO a
subject with which they and mus, be best ac-
acquainted, and until it can be shevn that some
other persons are better qualified than the Judges to
understand, and to apporion their own duties. mn