Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-21
SATURDAY, JANUARY 81, 1926.
JUDICIARY SYSTEM.


gain resolved itself into Committee OF the
Whole, Mr.. Tomlinson in the Chair, on the
bill "further to amend the judicial System ol
the United States"
Mr.. Powell, Of Virginia, next addressed the
Committee. When the bill now under consi
Iteration, was presented to the House from the
Judicial Committee, he said he approached its
examination with a mind totally unfettered by
preconceived opinions-free from all bias
and moreover, with an anxious disposition to
be enlightened by facts explanations, and ar
guments. Under these circumstances, and in
this state of mind he had listened with profound
attention to the lucid and sensible exposition
made by the honorable Chairman OF the Judi
ciary Committee, of the general provisions oil
the bill, and 10 his detail Of the facts upon
which the Committee had acted At subse.
auent stage Of the investigation, ne had listen
ed with at least as much interest and attention
to Che able, and, he would say, eloquent argu-
ment Of the gentleman from Pennsylvania,
mir. Buchanan,) in favor of the passage OF
the bill, and in opposition to the motion to
strike out the first section. Although he con-
fessed he entertained doubts about the policy OF
one important feature OF the bill, upon first
impression, he was anxious to be convinced OF
his error. When his friend and colleague, from
Virginia, (Mr. Mercer,) with his usual elo-
quence and force presented TO the Committee
his various objections to the bill, his doubts
were strengthened and increased; and when n
nally, the gentleman from North Carolina,
(Mr Mangum,) brought his Analysing and pow
erful mind to bear upon the subject, his doubts
and objections were confirmed. He had, from
the commencement Of the discussion, felt a
L.. Il - ,l., oh,
which the Judiciary Committee had in view,
if, I'M so doing, he could conscientiously acquil
himself of the duty he owed to himself and
to his constituents. He had uniformly felt, aud
he now felt the strength of the appeal which
the Western States had made TO the justice
and magnanimity Of the House. All these
feelings and dispositions had determined him
10 support the claims Of the West, to an "a
mendment Of the Judicial System, as lar as he
could do so. consistently with his duty, and
due regard to the great interests OF the nati on.
After the most mature consideration wllch II
had been in his power to give the SUBJECT, ne
had been compelled to the conclusion, that ne
could not give his sanction to the bill, while
the feature to which he had been opposed In
the first instance remained unaltered.
The bill presents To the consideration OF the
Committee, two inquiries: lst, In an alteration
in lhe Judicial System demanded by the cir
cumstances and exigencies OF any portion OF
the United States? Cd, If an alteration be ne
cessary, what are the most efficient and Judi
cious means to the attainment OF the obJecG
As to the first inquiry, he would admit, from
the facts disclosed TO the House by the proper
organ, that portion OF the new States, west
of the ALE ghany mountains, have claims upon
the Government, arising not only out OF the
delay, but out Of what amounted almost to
denial of Justice, under the existing situation oil
the Federal Courts; and | frankly and readily
admit, that we are bound to afford an ade-
aua,e remedy for these evils. Thus it will be
discovered. that he did not concur in this view
of the subject, with his honorable colleague,
fMr. Mercer0 nor with the gentleman from
North Carolina, (Mr. Magnum,) who had both
contended, that no evils existed, Of sufficient
magnitude to require the interference oil Con-
gress.
But, while he differed from these gentlemen
as to this point, he must also differ In opinion
with the Judiciary Committee as to the extent
and causes Of these evils, Loud complaints
had reached ihis House, from the States OF
Kentucky, Tennessee and Ohio-complaints
sustained by ample testimony as TO their real
existence, nut ne nad SouSht III vain iof S"e
evidence Of well founded complaint from Lou
isiana, Mississippi, Missouri. Illinois, Indiana,
and Alabama. If there be evidence of such
complaints,it had no, reached him; and he knew
of no source to which he could look for such
complaints, or the evidence Of their existence,
although he had applied to the hon. Chairman
of the Committee to ascertain the existence at
such complaints, and the evidences upon which
they rested. If there have been murmurs Of
complaint from these six States, they have not
been sufficiently loud to excite attention. The
administration of justice, under the existing
arrangement, Of the courts in these States, APP
pears to have hitherto flowed in tranquil cur,
ren,. and to have answered all the essential
ends Of Justice. If there be evidences Of the
onnressiye delay, or the denial OF justice, ask
that thew may be produced, as far as these SIX
states are concerned. These evidences have
no, We, been furnished tothe Committee, II they
realiv exist Has the State OF louisiana, de-
scribed by the gentleman from Pennsylvan
as most especially requiring the provisions OF
this bin, presented herself before this House,
complaining of the evils, delays and inlusucee