Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-13

people regarded il? With what unvarying trust
and confidence, may say venera,ion and love!
speak not of the transient disgus,s of particu.
lar individuals or communities. One Of the ear.
liests complaints, by any State, of the exercise
ofits jurisdiction, perhaps the very first attempt
to impair its authority, as the expositor Of the
Constitution, in the last resort, was made, by :
Pennsylvania, in the celebrated case Of Ohm
stead. That State threatened an armed resist.
ance to the Office: Of the court, which was met,
with firm decision, by the Chief Magistrate of
this Union. He not only refused to bend 10 the
storm, but gave explicit warning, that, il the
resistance continued, he should order the troops
Of the United States to put it down. At that
moment of disaffection, Pennsylvania called
upon her sister States to aid her in establishing
tribunal altogether distinct from the Supreme
Court, to adjudge controverted questions Of
constitutional law. Sir, remember with min
gled pride and pleasure, the conduct OF Virgil
MIA, when this call was addressed TO her. Her
Legislature answered, most respectfully, but
with simple brevity, that the Constitution Of
the United States had already provided this
tribunal in the Supreme Court of the United
States, and that better could not be created
This, sir, was then the unanimous voice Of the
that of The ancient, and perhaps Of the present
State OF Massachusetts-an assembly, which
from its numbers, must be, like a numerous
court Of Justice, exposed to the influence offac-
tious feeIings-the assembly of State which
had contested the constitutionality Of the first
system Of internal taxes, had more than doubt
ed the constitutionaity Of the National Bank,
and resisted, as far as argument could go, the
constitutionality, also, Of the alien and sedition
laws. All these constitutional questions were
agiiated, with many others, when this State had
no Judge 90 the bench Of the Supreme Court,
and at time Of great party excitement. Her
Judgment had been consistent and uniform
And where now are those complaints which
were heard in a tone so angry, from the rich,
flourishing and enlightened State OF Pennsyva-
mia? In spite of her natural and jus, pride,
wounded by threatened force, and unsoothed by
judicial honors, she walks at peace with her Sis
tiers, and in harmony with the court
How are the complaints now made from the
West, and especially. from Kentucky, to be re-
dressed? Not by the cnient influence of time,
but by the rude hand of perilous Innovation
Sir, the remedy is palpabe. 1t is to bring
three additional Judges upon the bench Of the
Supreme Court from the West Does any
they will be selee ted from any other quarter of
the Union? What did the almost unanimous
rejection of the amendment, proposed by my
colleague, imply? That the committee beIiev-
ed no arrangement would be made of the alIot-
ment Of the present Judges, if the bill passed in
its present form. The three additional circuits,
which il creates to the West, are, therefore to
be supplied by three Western Judges. 1t is not
ho cd t,, ,har- offh en
of law from the East will he deputed, if this bill,
shall pass, to fulfil its acquisitions to the West.
No, sir, these Judges will be chosen from the
profession, over whose circuits, they are to pre-
side. II this bill passes in the spirit which
prompts its advocales-to identify the Judge
with the people--the Judges should be from the
West And what, then, sir, will be the RESULT
You will have three new Western Judges. sud-
denly transferred from the bar, to the bench of
the Supreme Court. My colleague and friend
near me whispers four The present venerable
Judge Of the Western circuit is indeed con6n-
ed 10 his sick chamber, and rumor states that
he is dangerously i'll | wish him speedy re-
storation tn health, and to that bench on which
he has been distinguished by an undertaking
6rmness and rectitude Let him live or die,
his memory will be cherished, with affection,
wherever the name and story of Moultrie shall
be heard.
The committee will pardon this depression,
to which have been led by the whisper of my
friend, as thought, that there would be four
new Judges from the West. In relation to the
propriety OF this sudden augmentation OF the
number Of the judges of the supreme court,
the Chairman Of the Judiciary Committee ac-
knowledges that his mind has underground great
change of opinion within short time past
had the report Of his speech, and believe
quote him correctly. certainly wish TO do so.
Mr.. WEBSTER, in explanation, said, that, if
any observations of his had attracted the aiten-
ton of the honorable gentleman from Virginia
he wished them to be correctly stated. What
he had said was, that in relation to the general
question, whetherit was expedent & desirable
in itself, to relieve the Judges Of the Supreme
court from the performance Of circuit duties;
his own opinion had undergone some change.
thank the honorable member for the pause
allowed me by his explanation. 1t enables me
TO return to the path l had left, with recol-
lection of what that honorable member did say,
and whatever he says will always receive from
me the respect TO which it is entitled. "In all
ceases of admiralty and maritime law, in all
"cases Of equity, the court would be more nu-'
"merous than was desirable. As a court of
law, tits numerous enough already"
e Of ;r,1