Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-06

hold. sir. the certificate of the Clerk for the
D;s,r;ct and Circuit Court OF the district oil
Ken,ucky. that there are now pending, in those
Cour,s O 20 causes AS this Is not maratlme
district. most of these causes, doubtless, are IN
the Circuit Courts; nor has this accumulation
arisen from any want of diligence in the Judges
for the same paper states, that 1000
c.uses have been disposed of within the last
,hree years. The memorial Of the Bar o. Nash
Vile informs us that 100 cases are pending IN
the Circuit Court for the Western District OF
Tenn ssee; a number, perhaps, not much less,
is on the docket of the Court for the Eastern
District of Tennessee; and, am authorised 10
state. that 200 or so may be taken as the num-
Der of suits pending in the Circuit Court OF W
hio These three States, sir, constitute one CIR
cult: they extend over wide region; the places
for holding the Courts are at vast distances
from one another; and it is not within the pow
or Of man, that the Judge assigned to this cir
emit should get through the duties OF his sta
t;on, With the state of business in the other
Western and South Western States | am not SO
particularly acquainted Gentlemen from those
States will expose il to the Committee. know
enough. however, to be satisfied that the whole
case calls for attention. 1t grows no better by
DELAY. and. whatever difficulties embarrass 1t,
we NAV as well meet them at once, and agree
upon such remedy as shall, upon the whole,
seem most expedient
And this, sir, brings me to the most difficult
part of our inquiry; that is to say, whether such
measure as this bill proposes, be the proper
remedy. Ibeg TO say, sir, that feel this diff
cuIty as deeply as it can be felt by any member
of the Committee; and while Iexpress my own
opinions, such as they are, shall be most hap
py 10 derive light from the greater experience
or the better intelligence Of any gentleman. 10
me it appears, that we are brought 10 the alter
native of deciding between something like what
this bill proposes, and the Circuit Court sys-
tenn. as provided in the bill of the Senate, in
1919. As a practical question, think it has
come to this point: Snail we extend the present
system, bv increasing the number OF the Judg-
es? or, shall we recur to the system Of Circuit
Courts? invoke the attention oil the Commit
tee to this question; because, thinking the one
or the other inevitable, wish Tor the mature
Judgment Of the House on both.
In favor of the Circuit Court System, it may
be said, that it is uniform, and may be made to
apply to all the States equally; so that, il new
States come into the Union, Circuit Courts may
be provided for them without arrangement to
the general organization. This, doubtless, is
consideration entitled to much weight. 1t is
said, also, that, by separating the Judges Of the
Supreme Court from the Circuits, we shall
leave them ample time for the discharge of the
high duties of their appellate jurisdiction
This, no doubt, is true: but then, whether it be
desirable, upon the whole, to withdraw the
Judges of the Supreme Court from the Circuits,
and to confine their labours entirely to the ses-
sions at Washington, is question which has
most deeply occupied my reflections, and in re-
gard to which am free to confess, some change
has been wrought in my opinions. With ell
tire aspect for the better Judgment Of others,
and doubling, therefore, when find myselfdil-
fering from those who are wiser and more ex-
perienced, am still constrained to say, that my
Judgment is against withdrawing the Judges OF
The Supreme Court from the Circuits, lift can
be avoided The reasons which influence this
sentiment are general, and perhaps may be
thought too indefinite and uncertain to guide in
measures Of public Importance; they neserthe-
less appear to me to have weight, ard will
state them with frankness, in the hope that, if
they are without reasonable foundation, shall
be shewn it, when certainly l shall cheerfully
relinquish them.
In the first place, it appears to me that such
an intercourse as the Judges of the Supreme
Court are enabled TO have with the Profession
and with the People, in their respective Cir
cults, is itself an object of no inconsiderable
importance Itnaturally inspires respect and
confidence, and it communicates and recipro-
Gates information through all the branches Of
the Judicial Department. This leads to har-
mony Of opinion and of action. The Supreme
Court is itself in some measure insulated; it
has not frequent occasions of contact with the
community. The Bar that attends it is neither
numerous, nor regular in its attendance. The
gentlemen who appear before it in the charac
ter Of counsel, come for the occasion and de-
part with the occasion. The Profession is &C.
cupied mainly in the obi ects which engage it
in its own domestic forms; it belongs 10 the
States; and their tribunals TO furnishits constant
and principal theatre. If the Judges ofthe Su-
preme Court, therefore, are wholly Withdrawn
from the Circuits, it appears to me there is
danger OF leaving them without the means OF
useful intercourse with other judicial charac
tiers, with the Profession of which they are
members, and with the public But, without
pursuing these general reflections, would say,
in the second place, that thiLk it useful that
Judges should see in practice the operation and
effect Of their own decisions. This will prevent
theory from running too far or refining too
much. We find, in legislation that general
proyisions of law however cautiouSlv PxDress-