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

sunreme court. whose number rarely exceeds hyc 1
1t present, and who need, under no circumstances,
and could be required under none, to abandon, |
permanently, their present abodes, were they re-
ieyed from their circuit duties Their total absence
from home, less than present, would be only tor
the annual term Of their heightened session in this
city. Sir is it by the reports Of their decisions
in this Capitol that this court il now estimated!
And is it not sufficiently venerable! Is 1t not
adorned by great and ustrious merit? Are not
all its decisions stamped with the most undertaking
recttude? Has 1t not always possessed does II not
now enjoy, the confidence Of the nation! And has
this been purchased by any sacrifice at the shrine
OF popular favor, by mixing with, and representing
the local feelings of their respective circuits? II has
so happeaed that individual member Of this court,
the man most highly gifted oil all the men know,
and with bu, one exception, ever knew, man
not more revered than he IS beloved, has had the
hard fortune TO differ, many leading questions,
from the majority of his state; indeed, in al
most all his prominent Judgments u.on consiiiu-
tionai law. He has, at some periods OF his life,
been the subject of no little persecution but his re-
putaion has survived it, and is daily Frightening
he advances towards the term Of his mortal bourne
A voice from this Capitol annually sounds his
praise TO the remoest corners of this wide spread
rep-oiic; and the court over which he presdes,
having given stability to our political institutions,
constitutes itself their brightest ornament.
This court has encountered much discomfort, but
by patient forti,ude, notify its numbers, nor by
bending to circumstances, 1t has ultimately prevail
ed over prejudice and passion, as it will yet conii-
nue. to do. If left to the impulse which has hitherto
guided It's judgement, the principles OF eternal truth.
Sir, II Is gratifying source OF reflection, and man
lies;s the durability OF entire political fabric,
that, amidst all the shocks Of this part OF our fe
deral system, very few states have at any one time
been united in its condemnation; and their success
II Ill. al. L
decisions, have found those who were at one time
its enemies, at another, its steadfast friends
A representation of local and pow erf,il inie-
teres, in It's body, has never till now threatened
an extensive union against the consistent tenor of
ITS past DEGREES. III 1t become a representative
court, il should be subjected in its constitutions TO
all the principles of representation. 1t should de-
rive the relative weight of the component parts OF
the entire system from some common standard of
numbers or OF wealth. If the representation of this
House be the standard, the Yves, should be CON
tent with less number then four Judges out OF
ten, its proportion of this House being much less
than one fourth.
Sir, so abhonen, is this doctrine TO my feelings.
when applied to the judicial power OF the country
that would reduce the number of Judges if it were
merely to exclude its practical application which,
| II admitted to be true IN theory, the Executive
and the Senate viii scarcely venture TO resist
How many different courts OF six out of ten iudres
| may be made, and how little Conference may be
lound IN their opinionsi All law, which depends
Tor i,s idenity on its conItructon will become I'M
stable: the sickness of Judge, the breaking OF his
Carriage, some domestic afiliction may change the
constitution Of he land. And when the court shall
! nave become the prey OF cOntcnding parties, in
what respect will its mere numbers cause il 10 be
held by the distant people, who hear of its dssen-
slons across their mountains, as we now do o,
| theirs lis not time for such change The
supreme court IS the anchor of the vessel of state
oe'K loose from its strong hold on the affections
| oil The people, and we tossed for time on the
tumultuous pillows, only TO be finally dashed on
the rocks, or swallowed up by the quicksands oil
| party.
am not unwilling, Mr.. Chairman, to accord to
my friends IN the w est change OF the present i-
deal system, ifihey will only leave the Supreme
Court untouched or provide for its gradual retuc-
| ion 10 hve members. Should my present motion
prevail, 1 am willing, on the Commit ee' IS rising
to move a recommment ofthe bill To the Judiciary
committee, WIN an instruction to report an amend
ment which shall provide for reduction of The
number OF Judges of the Supreme court, on the oc-
currence OF the first vacancy, to six, and of the
second, TO five; which shall retain the present di-
vision OF the United States into judicial districts
and distribute those districts in nine or even ten
circuits, alotinS circuit Judge TO each circuit
who shall, twice in every year, hold in each dis
trct OF his circuit, along with the Judge residing in
such district, circuit court.
The expense OF this would be less than that OF
me present system, modified this bill proposes
IL would possess perfect uniformity and admi, oil
easy extension, according the future necessities o|
our growing country, without requiring a, any time
aradlca change of the supreme court Let sbo-
card no experiments here while this is sound. all
other danger is security when this is gone all o.
ther security is uncertain. regret TO deny any
thing 10 the earnest solicitude OF the West I re-
peat 1t, MIR. Chairman, feel a deep interest in its
welfare. N man, who, like myself. had crossed
Inc Aileghaney sixteen times in the course of no,
very iohs lie, could ia 10 entertain strong al
tachnent TO the active, intelligent and hospitable
people, who inhabii the rich beautiful, and improv
ing country beyond those mountains. / will
cheerully accord TO them all the means which the
Constitution places within the power of Coner ess
Tor the advancement OF their prosperity and happi-
nees am ready TO unite with The gentleman
from Massachusetts, in expressing a regret, that
so small portion of the public money has been
spent upon their territory and to join him in uni
ting the great estuary OF all their noble rivers by
shorter transit, through the ishmus of Florida 10
the markets of the East.
In the language Of their own orator on this floor
! am willing to compel the proud Allegheny TO bow
her head 10 the spirit OF Internal Improvement
to make their yet lonely valleys responsive 10 the
boatman's song-iheir hills clap their hands with
joy, and their fertile fields laugh with fairness. But
LEI them not insist on the destruction of the strong
est political bond of that union which unites us. The
security OF our own common peace and happiness.
Whenever it shall comprehend in its bosom two
contending parties, the confidence of the people.
their love and reverence for its DEGREES, are gone
forever.
am confident, Mr.. Chairman, that the gentle
man from Massachusetts, regarded this question in
the light in which cannot but view if he would