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

effected only by change Of the Judgment Of
the Supreme Court, upon the validity oil the
occupying claimant laws OF that state, and by
recognition Of the constitutionality OF ats new
re2evin OF relief law Itcan be accomplished
only by revolution of opinion on the bench OF
the Supreme Court of the United States, which
would be less deplorabe, if it there terminated:
if it should not prove the commencement OIL
dssention, instability, and change, where har-
mony, frmness, and consistency. have hlther-
10 prevailed. Sir, the new remedy is not 10
operate on the circuit or district courts OF len
nessee, kentucky, and Ohio, but ON the SUI
preme Court, held annually, in this Capitol
And how will il be wrought! BY the lmme-
diate addition Of three new Judges to the seven
now entitled to sit on that bench! That bench
is TO be new peopied, the court popular and po-
litical. Its numbers are to be augmented Tor
no purpose of judicial propriety. 10 the pro-
per administration of its ordinary, regular, Ju.
diciaI functions, it is to become less fitted, ny
the very admission Of the gentleman from
Massachusetts Too numerous, he distinctly
admitted it would be, for the investigation OF
facts: for the administration OF its equitable,
its maritime and admiralty, even for its COM
mon law Jurisdiction Ii is to be revolutionized
for the sake Of its extraordinary and political
Jurisdiction, its agency in the exposition OF
constitutional law.
Sir, these are, to me, new doctrines; as no.
vel as a Supreme Court Of Appeals consisting
of no less than ten judges court OF final Ju-
risdiction, which will not have its examplar in
the judicial system of any OF the United States,
or Of any state in Europe, to whic h we look for
analoges to enighten and guide our reason.
This is the first time that such a measure was
ever contemplated within the hall of an Anne
rican legislature; and the argument in its sup
port is as extraordinary as the measure itself.
In all the changes Of the judi cial system OF
the United States, hitherto effected, or propos-
ed, from the first organization OF this govern
ment, to the present day, with the single ex-
ceplion of the act of 1907. which added sim
gle Judge to the six who previously sat on the
bench of the Supreme Court, it has been con-
templated to reduce, not to increase their
number. An alteration in that court, mel
Their demanded by the people in general oil
the United States, nor requested by the Judg-
es themselves, has never before been pro-
posed. That Of 1898 was conceded to the pc.
titiou of the Judges, and relieved them from
a moiety of their circuit labor. 1t was an
alteration not required by the people. The
change of SOL, brief as was its duration, was
prompted by regard also TO the convenience
of the Judges, as well as the better adminlstra.
ton Of Justice. 1t provided for reduction OF
the number of the former from six to FIVE, on
the happening of the first vacancy, and, reliev-
ing them from all circuit duties, instituted
distinct system Of Circuit Courts. 1t more ef-
fectually separated the original from the appel
late jurisdiction Of the United States Judges,
and sought to free the final trial Of every cause
from every bias in favor Of the original judg.
ment.
The manner in which this new system was
executed, accompanying, as it also did, rev.
80 ha Ir.,i.~a e>-.as asion-
ed the repeal oflhe act which gave to it its tran
silent existence; but the immediate return TO the
former judicia! system was marked by no at
tempt 10 increase the number Of Judges Of the
Supreme Court, although such an effort might
have been expected, had the triumphant party
of that day possessed the notions, now sustain
ed on this floor, by the gentleman from Massa-
chusetts.
1t was six years after, and eighteen from the
adoption o. the constitution, that single Judge
was added to the Bench OF the Supreme Court;
when, if, as some men singularly imagine, the
progressive increase Of the numbers of court
should bear any proportion to the growth Of the
Republic, our population had doubled, our ter
ritory had reached very near, and our COM
merce, risen from nothing, had surpassed, its
present extent, and our wealth was intellectually
multiplied. At the end Of another period of
eighteen years, we are call. ID on, for reasons OF
unheard Of expediency, to add to the Bench Of
the Supreme Court, at one moment, three new
Judges!
In the last period of eighteen years, making,
with the former, the entire age Of our present
political institutions, the only important bill in
relation 10 our judicial system, which has pass
ed either branch of this Legislature, is that
which the Senate sent to this House seven years
ago, proposing to reduce the Supreme Court to
FIVE Judges, and 10 relieve them from their cir.
cult duties.
we are now about to propose 10 the Senate,
to double that number In all the severe or
deals to which the character and stability Of
that court has been exposed, in the six and thir
ty years that it has now endured--in all the eff.
forts to shake its steady purpose Of universal
justice, nothing resembling the present propo-
sition had been, therefore, conceived or attempt
ed. We have passed through war Of severe
suffering, and brought from its well fought bat
ties, by sea and land, standard covered with
urfading honor. The politics Of Europe agitate
US less than the ocean which beats upon our