Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-10

tric,s there IS bu, d District Cour, with Circuit
Court jurisdictions; that cannot be said, that the
| system has been any time entirely uniform.
| So much, Mr.. Chairman, TOR the history of
! Legislation on the Juddicial Department.
am not aware, MIR. Chairman, that there is any
public complaint of the operation OF the present sys
TEN, Car it applies to the Atlantic States So
| lar as know. justice has been administered efici-
emily, promptly, and aisaciorily, in all those cir
cults. The Judges, perhaps, have good deal of
employment but they have been able 10 go trough
their arduous duties in such manner as to leave no
cause OF complaint, as far as am informed. For
| my part, am not sangnine enough to expect,
far those circuits concerned, that any inn
provement can be made In my opinion, none is
needed. But it is not SO in the Western S,aes.-
Here exists great deficiency. The country has
| outgrown the system. This is no mans fault; nor
does il mpuie want of usual foresight to any one
IL wcud have seemed chnnerical in the trainers of
the law OF 1859, if they had struck out plan which
should have been adequate TO the exisecies OF the
country, as i, actually exists in 1926. From PEE
rot as far back the close Of the late war, the
people of the West have applied Congress ON the
subject Of the Courts. No session Of Congress has
passed without attempt, in or the other
| House, TO produce some change, and although va
rous projects have been presented, the inherent dit
hcnl,ies of the subject have prevented any efficient
action OF the Legislature. l will state, shortly,
| Sir, and nearly as remember, what has been at
different times proposed.
In the first place, it has been proposed 10 recur
to the system of Circuit Courts, upon the principle,
although exactly after the model, OF the act oil
February, 1901. y bill of this character passed
the Senate in 1919, dividing the country into nine
Circuits, and providing for tie appointment of
Circuit Judge to each Circuit, who, with the Dis
trct Judge of the District, should constitute the
Circuit Court. 1t also provided, that the Supreme
Court, vacancies should occur, should lie re-
ducsd to five members. This bill, believe, was
not acted upon in this House. gain it has been
proposed To constitute Circuit Courts by the union
OF the District Judges in the Circuit. II has been
proposed, also, TO extend the existing system some
what in conformity the objec, of the present BILL
by adding TO the number of the Judges in the STU
| preme Court. And different arrangement still
| has been presented, which conemplates the APP
pontment Of Circuit Judges for some districts, and
the continued performance OF circuit duties by the
Supreme Judges III others, with such legal provision
az shall not attach the Judges OF the Supreme Court,
in the performance of their circuit dates, unequal
ly to any part of the country, but allow them be
| distributed equally and fairly over the whole. This
! system, though somewhat complex, ana perhaps
liable TO be misunderstood, is, confess hat APP
Gears TO me best OF all suited 10 our condition. Ii
| would not make tie Supreme Court TOO numerous;
and 1t would still require from lis members the per-
torrance OF circuit duties; it would allow proper
| distribution of these members TO every part OF the
country; and finally, 1t would furnish adequate
provision tor the despatch of business in the Circuit
| Courts. Upon this ylan bill presented 10 Ike
House OF Representatives, at the first session of the
last Congress, but ii did not meet general favor
| and the fate of similar proposition elsewhere,
al subsequent period. discourases any revival
of it,
now come, SIR TO consider whether any, and
what, evils exist; AMI then, whether this bill be
suitable remedy. And in the first place. it is said
perhaps with some justice, that the business OF the
supreme Court Itself, is not gone through with suf
hcient pfomptitude: that it is accommodating: that
| great delays experienced, and greater DELAYS
feared As 10 this, would observe, that the an
nual session OF the Court cannot last above six or
seven weeks, because 1t commences in February,
and the Circuit duties OF Tire Judges require them to
| leave this place the latter part of March But
| know no reason why the Judges should not as
semitic earlier. believe it would not mat erially
interfere with their Circuit duties, to commence
the session here in the early par, OF January ard il
that were the case, have little doubt that in two
/! yeas. they would clear the docket A bill to
make this change, passed this House two wears
ago; lregret 10 say, 1t was not acted upon in the
Senate.
As to returning to the original practice of having
two sessions of the Supreme Court " thin the year
incline 10 think it wholly inexpeJient. The in
convenience arising from tie distance Of suitors and
I counsel, from The Seat OF Government, forms a
decisive objection to that rn OPPOSITION.
| The great evil, however, Sir at present ex-
| perenced, that which calls most loudly and i'm
peratively Tor remedy, is the state of business in
! the Circuit Courts In the Western States The
Seventh Circuit consists of kentucky, OHIO, and
| Tennessee. All the other Western States have
| District Courts, with the powers OF Circuit Courts
am FULLY OF opinion, that further proyision
required OF US, for the administration OF Justice in
these STATES. The existing means are not equal to
the end. The Judicial organization is not compe-
! tent TO exercise the jurisdiction which the laws
confer upon 1t. There is want OF men, and a
"eut OF lime. Ia this respect, II appears TO me- that
our constitutional duty Is very plain. The Con-
sututoa coniers certain Judicial powers on the Go
I verninent OF the United Slates we undertake to
provide for the exercise of these powers; bnt the
provision is inadequate, and he powers are not ex-
ercsed. BY the Constitution, the Judicial power
of this GoyeTnment extends, as well as 10 other
things, 10 between citizens Of different States
We open Courts proiesSediy exercise that iuiis-
dlcilon: but they are not competent 10 liz il Is not
| ed with reasonable promplilude the sutton
Is delayed and the end OF the constitutional proyis-
( ion, In so1ne measure, defeated. Now, it appears
TO me very plain, that should either refuse to
. confer this jurisdiction the Courts or that we
should so constitute then that it may be efficiently
| exercised.
hold, sir, the certificate Of the Clerk for the
District and Circuit Court of the district of Ken
lucky, that there now pending in those Courts,
$50 causes. AS his is not "a maritime district
most OF these causes doubtless, are in the Circuit
! Court; nor has this accumulation arisen from any
want OF diligence in the Judges themselves; for
the same paper states, that 1000 causes have
been Disposed of within the last three Years. The
nemora al of the Bar of a4hville informs us tina,
l6v cases are pending in the Circuit Cour, for the
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