Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-24

it, that the plan Of 1902 was superior to that OF
| 1901, would be an uncharitable imputation Of
corrupt motives to the majority Of Congress,
which ought not to be INDUCED. Thus stood
the law until 1907, when the matter was again
brought before Congress. 1t began now truly
to be entitled to the appellation Of fixed policy
But could any doubt be reasonably entertained
/ on the subject, was it not entirely dissipated,
when, in that year, the wisdom of the measure
having been fully and completely tested, Con-
gress not only continued but extended the sys-
tenn. They did in principle then what the adj
vocates Of this bill insist ought now to be done.
| Yet the gentleman from Virginia Mr.. Powel)
considers this as no indication Of an intention
to engraft on the system this principle as a
matter of permanent policy He tells us that
it was merely an experiment, and one which
ought cautiously to be INDUCED in; and as an
evidence that they did not contemplate uni
formity, he reminds US that, in Kentucky and
| Maine, district courts only were established -
But did the gentleman recollect that Maine
was at that time part Of Massachusetts, and
Kentucky part of Virginia! Every State in
the Union had its circuit court, by the provi-
sions of the act Of 1902; nor is there the least
ground upon which to conclude, from the esta-
| bGshment Of district courts in Kentucky and
Maine, that uniformity was not within the con-
temptation Of Congress, to be carried into effect
on some convenient occasion. Such a conclu-
sion is altogether inadmissible, because the pre-
sent circuit system has since been extended to
them. At this very time, eighteen States out
of the twenty-four are enjoying its benefits, not
one Of them willing to be deprived Of it; and
yet we hesitate to place the remaining six States
upon the same ground that the eighteen States
occupy. But, Mr.. Chairman, Continued Mr.
| B are we not bound to believe, that, according
to this plan, justice in the inferior courts, ifnot
more promptly, is at least more ably and salts
| factorily dispensed? shall not insist that the
ability of judgeis always in an exact ratio to
| the salary which he receives; but talents, like
commodities carried to market, have their
price; and it is in vain that we may expect to
secure an equal degree of legal requirements
and strength OF intellect, for the sum of fifteen
hundred or thousand dollars, which is the Sd
larry of some Of the inferior Judges, as we can
for four thousand five hundred dollars-the sa
larry Of supreme Judge. That the judges Of
ties, obtain more accurate and thorough
knowledge of the municipal laws Of each State,
than they would otherwise do. is an argument
entltiSQ 10 very CoHSiucTdOlt "eiSnlj Out IL Has
been SO fully urged by gentlemen who have
preceded me, that shall not dwell upon it
But, sir, if the six States alluded 70 had no O.
Their or stronger ground on which to urge their
claims to an equal participation in the benefits
Of this system than that the other States enjoy
its benefits, | should consider the reason as al
together resistless. know it may be replied
to this, that justice is as promptly, and in some
cases, perhaps, as correctly administered by
district court, with circuit court powers, as in
circuit court We might, IN like manner, tell
those States, that they may send delegates 10
Congress who may present their petitions and
explain their grievances, but that they shall be
entitled to no vote in thus HOUSE, that Congress
permit their Representatives to appear on this
floor with all the rights and privileges Of re-
preventative from one of the older STATES, would
be likely to create faction. We know that this
cannot constitutionally be done; but who is
there, in the least acquainted with the feelings
and character Of the American People, who
does not also know, that, if the Constitution e.
ven permitted such course, and it were at
tempted, nothing short ofthe power of Heaven
could preserve this Union for the space Of one
wear! Such doctrine is repugnant to the ge-
MUS of our constitution, and destructive of the
best established principles Of our liberty. We
have, indeed, been told by the gentleman from
Virginia (Mr. PowelD that the people Of the
West will receive no practical benefits from
this measure; that it may be matter offeeling
and Of pride, but nothing more. Yes, sir; and
permit me to inform that gentleman, that it is
an high-minded, honorable pride. 1t is that
kind Of pride which swells with patriotic emo
tons the breast Of all American, in whatever
cline he may be, when he exclaims that he is
an American citizen. They are feelings which
ought not, cannot, be disregarded with safety
II is the conviction only which each State OF
the Union feels, that il is alike with every other
the obec, fthe paternal regard and protection
Of this Government, that can give strength and
durability to the ligaments which bind us TO-
gether; that can preserve unimpaired that u
Mon, which, hope and trust in God, will effect
for us in political, what faith does in reii-
gious point Of view-everlasting saly alton.
But, Mr.. Chairman, let US consider their
claims still farther Do not these six States
contribute their due proportion to meet the ex.
penditures Of the Government? and have not
they, and all the Western States, most valiantly
and magnanimously defended the rights of our
common country? Behold North Carolina,
with business no, more than sufficient to detain
the Circuit Judge, according to the acknow-
Judgments of the gentleman from that State,
II N, \ two davs AT term