Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-09

been no appeal; while there are frequent ap-
oeals from the district which enjoys the pre-
sence and privilege ola Circuit Court. He had
not looked into the fact; but he understood that
there was but one appeal from Western Virgil
MIA, a portion Of the State which comprehends
moiety of the population, and three-htfhs OF
the territory Of the whole state. Thus 1t is In
variably found to be the case, that where we
have Circuit Courts established we have ap-
meals to the Su creme Court; while, on the 9TH
err hand, where there is no Supreme Judge, ca
SEES are decided by the District Judge, sitting
alone, and from whose decisions we hear oil no
appeals. With respect TO the derangement OIL
the business in Kentucky; the divisions OF the
Kentucky Judiciary had thrown great num-
Der Of cases into the Supreme Court. Suito"s
finding the course Of Justice in the State Courts
interrupted, were compelled 70 adopt the aiter-
native Of going into the Supreme Court.
Is the remedy which is proposed by the Oil
now under consideration, proporuoned TO the
evil which il processes to correcG The remedy,
proposes the creation OF new Circuits west OF
the Mountains; to make an addition to the
Judges OH the Bench Of the Supreme Court, in
order to supply the present detects, and TO cor
rect the anomalous features in the Judiciary oil
the Western States. When these reformations
had taken place, therefore. il appeared to HIM
that the system would still be liable to all the
objections which are urged by the gentleman
from South Carolina, as reasons for the passing
of the BILL After the bill should have passed.
those States will receive the same Judges; what
then becomes Of the injustice which had rous-
ed the eloquence Of the gentleman from South.
Carolina. That gentleman had represented
the inequality which at present prevailed, as
oeiious in its character. If so, was instituted
at the desire of the people themselves, who had
asked for District Court without Supreme
Judge. An honorable colleague OF his was the
author of that system, in Western Virginia.
How many causes were exhibited on It's dock
ct, &c could not tell. The district had, howev-
er, been subsequently, divided
The evils which are thus complained OF IN
the Western States, are not heard cf here, IN
the form in which they have been pointed out
by the gentleman from Massachusetts; and it
they did exist, they would not be remedied by
this bill. Do not all remember, how many
years the Supreme Court has been in operation
without any Interpretation in all this extern
sive country? Are we not aware that the very
evils which we now propose to remedy, were
originally proposed by the Judges themselves;
and were rendered necessary by the difficulties
which stood in the way OF an intercourse be-
tween remote sections Of the country! Between
1901 and 1908, measure was proposed Tor
their relief. This relief was to be afforded
them by reducing the number Of the Circuit
Courts, and discharging the Supreme Judges
from the exercise of their duties. What are
we now called on to 40, when our country IS
still further extended, when our wealth has been
ouadrupled, and our commerce increased! The
only proposition which succeeded at that time,
was TO add one term TO the Court. Since that
period, we have passed through war, from
which we came with unfaded honor; we are
now in the enjoyment Of universal content
ment, beset by no evils but those which fancy
creates to guide her path along with her sister
reason. At such moment of tranquility and
welfare, this question, after having been raised
to agitate the people out Of the House, is brot
within its walls to produce discussion and dis
may.
The honorable member then proceeded to
show that in all cases in which the decisions of
the Supreme Court had produced any discord
in particular sections Of the United States, the
evil which was produced was as bounded IN Its
extent, as it was transient in its cause: He re-
ferreG 10 Inc MISREPRESENTATION "H!Ni "oo S-NeiNNH
in Pennsylvania, when that State called on her
sister States TO stand by her in resisting the de-
cison, and threatened to arm her militia to OPP
pose the law: At that moment, when this spl-
rit of dissatisfaction was in existence, and when
the Government was on the point OF calling out
the troops of the United States, Pennsylvania
called on Virginia, in vain, to assist He re-
membered that Virginia had said, that the
Constitution had provided the tribunal, and she
would not interfere 10 disturb its decision
This course received the appreciation OF the
Union. In the largest and most populous
States, he knew of no complaint against the
present Supreme Court says'em. The power
was conceded to the Supreme Court to settle
constitutional questions. 1t had acted on this
power in the case OF the U. S. Here the court
was in opposition to the wishes Of Virginia; but
she submitted to the power vested in the court.
Would gentlemen proceed to remove the COM
plant now made in the State of Kentucky on
the subject of the United States Bank? VIII
the addition of three Judges on the Bench oil
the Supreme Court produce remedy? How
were the proposed Judges to be selected? Tie
expected that they would be taken from the
Western States 1t would be so, as matter
of course. The House. by passing the bill,
would give sanction to the selection OF them
from the West. What then? There will be
four Western Judges 1t was true, the present
venerable Judge from the West was now lying