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

we are not informed by the committee with VIVA
rapidity the causes on the docket of the circui
court Tor the district of West Tennessee are dis
posed oil, nor those of Ohio; but, if it bear an.
tolerable proportion to that of Kentucky, and hel
have the same presiding Judge, both courts will b,
speedily disencumbered without the aid Of the bill
; on your table. The mountain of distress, built uT
by theJudiciary committee, turns out TO be but an
optical Illusion, and on examination, unlike the
works oil nature, turns out, when approached, "a
; be but mole hill.
While on this branch of my argument, I beg
ieave to present to the committee document, de-
rived but an hour ago from the deputy clerk Of the
supreme court which is alike applicable, in it's
suits. to our whole subject of debate, bit more
pec'ally to atopc to which the honorable member
from South Carolina forcibiy called our atten-
ton the inequality and injustice of our present
Judicial system in allotting supreme Judge to some
districts, and denying his services TO others.
Among the best tests of the Sound administration
OF justice in the courts Of the United States which
have original jurisdiction is the contentment of the
snitors, or the absence Of appeals from their iudg-
mehts, TO the court instituted for the correction of
their errors. And the conclusion, thence TO be
inferred, is irresistible, where in the case of Ken
lucky the progress of justice in the court Of orgi-
nal jurisdiction is rapid dispose more than
SIN hundred and sixty cases in the short compass OF
a single year. The ordinary interval betw cen the
dockeng aud the decision of a cause by the SUI
preme court of the United States, is, l am told
about four years; and there are pending, upon the
docket OF that court, for the approaching erm one
hundred and forty-three causes. of these causes
1--WE are from the district court of Louisans; two
from that OF MississippI; three from that of Ala
bama; one from the district court of East and nine
from the circuit court of West Tennessee; - from
The circuit court OF Kentucky; nine from the cir
CUT court OF Ohio; from the district court of
Indiana: - from that of Illinois; from Missouri
none; itom the Western District court of Virginia
there Is one; from that of Pennsylvania -; and
from that of New York -
Now, sir, this little slip of paper, from the face
OF winch repeat those facts, is to a volume
OF more important testimony than the Judiciary
Committee have afforded US and which beg leave
10 recons'end 10 the solemn consideration of this
committee Several very interesting conclusions
may be deduced from it, in relation to the actual
wants OF our country, and their pertinent and best
remedy, it any be required. nd among these de-
ducfions OF reason from recorded facts, | compre-
mend this, that even in Kentucky, the uumei Gus
causes carried up 10 the Federal court are not ia
ken there because difficult of investigation but for
more perfect remedy of that injustice of which
the suiior complains. The larger fees, indeed,
every where paid TO counsel, in the federal court
OF state, might tend, especially where tho plain
I'M Is, as must be The case here, NONRESIDENT, to
the Increase OF the business of that court in every
S'"'S ''u' VIC laws, ana the repIeYfn or
liet laws OF Kentucky, neither this committee nor
this Congress, of which it is part hav any power
to enforce, modify, Or repeal. And they are I'M
questonaby the fruitful of the accumulation
OF business In the federal circuit court of that much
suffering and long agitated state. Even where a
claimant is excluded by his residence within the
state, from lnstutng an action of ejec;ment or of
debt, in the federal court, he has only to transfer
his title, or the evidence of his demand, TO some
nominal tenant or assignee of another state to OBJ
tain admission into the federal court and the ben
eht, IL not of speedier, of more ample Justice A
mong the two thousand causes, disposed of in the
Kentucky circuit, during the short compass of three
years, many must have been promptly and easily
decided, and there brought for that reason and that
alone.
Some OF these remarks may, perhaps apply in
explanation of the multiplication of those suits in
Ohio Instituted in behalf of the Bank of the United
States and other absent collectors, for the recovery
OF debts But the most valuable conclusions which,
Tor my present purpose, / propose to draw from
this document, IL that which meets directly the
CHIEF argument OF the gentleman from South Caro-
lima, to which the gentleman from Massachusetts
annexes great, though less importance since he
would leave the three Northwestern States for
some longer, to the circuit powers ofthe single
Judge OF their present district courts, and he would
not only he content, but apparently better satisfied
with nine, than ten judges, on the bench Of the
supreme court. The argument of the gentleman
from South Carolina, reproaches present judi
cial system with inequality and inius ice because
it does not alot 10 the district courts of these and
five other Western States, some Judge OF the SUI
preme court Now, sir, of this argument, l first
remark, that II it be sound, it leaves the Judi
ciary Committee without apology for an obvious
anomaly in their own system. What relief does
the bill upon your table provide, for the Eastern
District OF Tennessee, and the Western Districts OF
i New York, Pennsylvania, and Virginia; the last
OF which, with full moiety of the while popula-
ton Of that state, comprehends three fifths of its
territory. That honor able member represented this
inequality of justice incompatible with It's most
obvious and necessary ends. Sir, it is remarkable
that il was approved and zeaIously sought in the
Atlantic States, and presume, in Tennessee, by
the PEOPLE or their representatives., whom it is thus
supposed 10 injure and degrade. My very learned
colleague and lamened friend, now no more, who
once represented on the floor Of this House Con
gressiona District west Of the Allegheny beley-
ed, well know, that he rendered AN essential ser
vice TO his constituents, when he erected western
district court in Virginia, having Judge in vested
| with the powers Of n circuit court; and that he was
not mistaken, not only did his reelection prove,
but his colleagues and mine, OF the rich and popu--
ous valley on this side of the Allegheny, sought and
procured an extension OF the jurisdiction of this
court easlwardy, as far the summit Of the Blue
Ridge. The Office of Judge of this district, it has
been, indeed, sometimes found very difficult 20 fill.
A friend Of mine no sooner accepted than he re-
J signed it. II was rendered TO Judge Of our gen
eral court but he preferred his state appointment,
not, presume, because he objected TO the great
extent Of his undivided authoh,y--tbough he might
have anticipated some modification, in travelling
over vast extent of mountain and valley, rivers
aud rocks, through towns and hamlets, without
finding single defendant sutton at the many seals
Of Justice 10 bis wide iurisdiction except. perhaps