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

In the present session, ON the subject of an amend.
men. 10 ,he CONSTITUTION, IN relation TO the election
OF President and Vice Presiden, of the TT S,,,..
AS another subject had since ihtervened and now
occupied the attention of the House, he gave notice
that he would postpone the calling up of those
resolutions until Monday next
JUDICIARY SYSTEM
Va motion OF Mr.. Webster, the House then again
went into Committee of the Whole, Mr.. Tomlnson
OF Conn. in the Chair, on the bill further to
amend The Judicial system, of The United States
Mr. Mitchell, Of Ten. said, that it would. per-.
maps oe expected by the committee, that thew
were 10 near something from him, as he had, last
evening. made the motion for the committee to
rse But he could assure the committee that tb,r
motion had not arisen from hostility to the measure
or from desire to dilate upon it; but purely witt,
a view OF atording TO himself and others some
tine Tor reflection. After listening to the able am,
elaborate arguments OF the gentleman from Mass.
oeheve. (sald Mr.. M l could, if it were Left
10 my sell, make some additions to that bill which
would make 1t better, but have no idea of en-
cumoering It with objections, amendments. l.
'or one VIII vote for it in its present form; a, the
same time, hope that the committee which re-
ported this bill, well knowing as they 90. the
"acucsi deiects which must attend its provisions
IN some parts OF the Western States, will hereafter
present to the House some measure calculated q,
remedy them, Y
The bill was then read through, when
MT Il orsyth, submitted amendment, to III,
following effect, 10 follow the word quorum. in
the NTH line of the first section:
'Prouided, That no final Judgment shall hs
pronounced affecting the rights liberty or life Of
any CITIZEN OF the United States, by less than n
majority OF the entire number OF Justices. incuJ;ns
the Chief JUSTICE
MIR. r. observed, that the object of this amend
meh' was SO obvious that he should not de,ain the
House by many remarks in explanation os il. Ac
! yisiOn nj thoh HI
stantT, SIN Judges are to constitute quorum of tb,
/ court; ana majority OF this quorum are to have
the power oil decision-by which arrangement i,
may SO happen, that four Judges of this court NAV
decide on any question, OF whatey er moment in n
manner contrary TO the opinions of the rema;n;,o
nVe Judges, or SIX, as the may be- and these
hve or SIX judges will be afterwards unable To con
troi the decision OF the minority. This he tbouobt
was stale OF things which this House could no,
with propriety sanction. He knew that some in
convenience would arise in practice, from the a.
doption oil different plan But he considered ,bese
as lrremediable, and that it was better IN en,,r.
them than to place such power as this in The
hands oil minority OF the Supreme Court
! MT. w eoster, oil Mas. said, that he had boned
iioh we Veiy simple form which the bill had been
reported oy the Committee, that it might be discuss.
{" upon us Leading principles and that PROPOSE
lions IKE the present, and Others of similar Kind
would be reserved for subsequent and sena,a,a do
termination, 80 as not TO embarrass the discussion
Oh Inc Dill on general principles The proposition
oil the gentleman from Georgia was that the Judo
hen's OIL this Court shall not be given by less than
MINORITY Oh Its whole number. 1t would be well
recoliected by many gentlemen present that seve.
raj propositions had last session been brouobt C.
ward by an honorable member from Kentuckv
| (Mr' Wickiiffe, among which was one reouirin,
certain definite majority, when the Suprers
Court passed sentence which went to inyalidata
any law enacted by of the States of the Union
al
an ALTERATION as was proposed, did he think the
amendment at all advisable; but he should be
ooiised 10 90 into the discussion of it, unless liz
gentleman from Georgia would, for the present
Withdraw his motion amend
MT. forsyth replied, that whatever miebt have
pfe 'ne particular case provided for by the resol
Iion OF The gentleman from Kentucky, Mr.. Wick
he,) Tor himself, lie knew OF no difference in res-
pect to the sentences of this court, whether ,bev
affected the rights of citizen, of State. or ~
me ohi'ed States In his view, they were all alike
CONSTITUTIONAL questions; and radically wrong
'a' Inc lie or liberty OF the citizens of this coun-
Try should depend on the decisions of minortv oS
the Supreme Court Gentlemen wouId recoIiect
now loud the complaints were in the West when
lately, The constituionay OF a law, passed bv Que
OF those States, had been decided against by onIv
three Judges OF the Supreme Court 1t was obvi
Gus, mat In this way the life of an individual
might tie lost, his property taken away or his renr
tation forever rnined, and this even AGAINST The
opinion oil majority oil the court. As TO the all
icgee practical Inconvenience OF recurring the
concurrence oil majority, in any decision of the
court, he saw no mode by which il could he oh.
| waited 0"N
! Mr.. Wicklife, of Kentucky, said. that If Tho
amendment OF the gentleman from Georgia sboolJ L
pressed now, he should feel bound to vote for !,
but he had risen for the purpose OF asking thar
gentleman not to press it al this moment. az he in
'ended himself, IL II should not be done by another.
10 resent to the House, in distinct form. bill.
requiring the concurrence OF majority of tIe Com,
IN deciding all cases of more weighty character.
and u, when such proposition was before them
The House should be OF opinion that such MAORI
ty ought 10 be required in all cases thev ,vould
] iheD nave all opportunity of so deciding Rel;ey
Ing, however, the subject be one of great i,nno,,
ance, he had forborne to brng it forward in connec
tlon with The present bill, the discussion of "a b;cb
he hoped, would not be embarrassed by nressius
MS measure IN The form of an amendment II
was wen known that there existed in the House q
great diversity OF opinion in relation TO the o-ns
raj subject, and it was probable that many ,yonId
vote Tor The bill without the amendment bo e
The amendment were incorporated with it, Womb
oppose u altogether. 1t certainly was great evil
that minority OF that Court had power TO decide
the greatest questions. But, whether ;lis power
should reside in a majority of a quorum of the
Court, or IN majority Of all its members. was coz,
tanly proposition which admitted of dscus-ion
In separate form, without embarrassing or rotard,
ing the present bill,
Mr.. Forsyth replied, that 1t certainly was ex
cesdlngiy difficult TO resist the application of the
gentleman, especially considering The grounds, on
which he had placed it. Still, however il appea,.
ed to him, that the present was proper occasion
; for introducing the principle Of his amendment,
I lie was not, however. strenuous in insisti,c 80.