Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-14


! uicts, having single judge. with the powers of
circuit court, justice does not suffer from their ne
cessary absence.
| From the district court Of East Tennessee wher
no supreme Judge ever appears, there is bit on
docketed appeal, on the records of the Supreme
court; from the Western circuit court, consistn;
OF two Judges, and one of them a Judge OF the Su
preme court, there are nine appeals, as there ar
from Kentucky and from Ohio nine; while from
the district court of Louisiana, embracing within
It's manifold Jurisdiction, admiralty, equitable,
| common law, the rich emporium of the commerc,
OF the West. there are but five appeals.
From those districts, therefore, wherein there i
no circuit court, or where, in palmer phrase, ne
supr elhe Judge ever presdes the administration
OF justice, there are but few appeas-while, from
those, which are favored with the benefit of cir
cut court, In which Judge of the supreme court
sits with the district Judge, there are not many ap
peals, indeed, many more than from the former.
ANY answer to this reasoning, if. indeed it be
deemed worthy of reply, would have more fore,
with me, 1t did not too well know the actual
condition OF the courts of kentucky, from which
the loudest complaints proceed, Of the defects oil
our present Judicial system. know their condi-
uon, and, knowing il, 1 aver that those complaints
cannot be redressed. They would be aggravated
BY expedltng the proceedings of the federal courts,
without radical Change of the principles which
guide their decisions. unhesitatingly aver, there.
bill on your table, if it shall not operate so as tn
produce other effects than those which seem to be
anticipated hy the gentlemen from Massachusetts
ana south Carolina, who nave addressed the Com
Hittee, VIII not produce the benefits which MANY
OF It's friends seek and expect 10 obtain. 1t mel
'her commensurate with the imputed evil, of
winch complaint has been here made nor can il
administer adequate relief, any relief whatever
unless, as have said, it shall have different elect
from that, which either of these gentlemen sc /. $
TO anticipate. The plaintiffs in the federal cour
Oh keniucky do not compain--tle defendants ask
not speedier justice. Such is not the character of
the relief which they have sought at home. And
II this bill has the effect expected by the judiciary
committee, il will be- to them, not bread. but a
stone. Ii It's real object be uniformity, how
does 1t happen that it makes no provision Tor the
w estern district OF Virginia, containing a nonp
laiion of near 100000 white inhabitants. or of
pennsylvania, containing much larger number OR
OF New y DIRK, having more than either A mill
lion and third OF the white population of the IT.
states VIII remain, according to the language of the
gentleman OF South Carolina without the benef, os
equal justice. Even East Tennessee. in a hin do
signed, especially, for The relief of the West has
been preternitted, and is to remain unredressed
Sir, the true, tine only remedy for the evils of
winch our friends from Kentucky complain, is too
Phpapie TO escape the searching scrutiny of the
gentleman from Massachusetts,. Ii can be- effected
only by change OF the judgment of The Supreme
Court, upon the validity of the occup wing Claim,
ant laws OF that state, and by recognition of the
consi'utionality of us replevin or relief law
1t can be accomplished only by a reyoutio, of oni
mon on the bench oil the Supreme Court of the IJpi
ted States, which would be less deplorable; if t
there Terminated: if it should not prove the COM
mehcement oil dissension, instability, and change,
where harmony, hrmness, and consistency have
hitherto prevailed. Sir, the new remedy is NOT In
operate the crcuit Ill rio r. n,
see, Kentucky, and Ohio. but on the Supreme Court
held annually, in this Capital. And how will it
DC wrought by the immediate addition of three
new judges TO the seven now entitled 20 sit on tina,
bench! That bench is 10 be new peop,ed. the
court popular and political. Its numbers are TO be
augmented Tor no purpose of judicial proprie,y
TO the proper administration of its ordinary rem,
lar Judicial functions, it isto become less fitted by
the very admission of the gentleman from Massa-
chusetts. loo numerous, he distinctly admitted it
would be, tor the investigation of facts: for the
administration OF lis equitable, its maritime and
admiralty, even for its common law Jurisdiction. 1t
is to be revoutonized for the sake of its ex,raor
binary and political jurisdiction its agency in the
exposition OF constitutional law
Sir, these are, 10 me, new doctrines: az novel as
Supreme Court Of Appeals consisting of no less
than ten judges;a court OF final iursdic ion, which
VIII noi nave ITS exemPlar in the judicial system of
any OF the u. States, or OF any state in Europe TO
winch we look tor analogies 10 enighten and guide
our reason.
This is the trst time that such measure was
ever contemplated within the hall of an American
iesisa'urei ana the Argument in its support is as
extraordinary as the measure itself In all the chan
yes of the judicial system Of the United States, hi
ther'o effected or proposed, from the first orean-
zatlon OF this government, TO the present day with
the single exception OF the act OF 1907 which ad.
ded single Judge 10 the six who previously sat on
the bench OF the Supreme Couri, il has been con-
templ"ted TO reduce, not TO increase their number
An alteration in that court, neither demanded Inv
the people in general of the Uuted States, nor re
quested by the judges themselvs, has never before
been proposed. That OF 1893 was conceded 10 The
petition OF the judges, and relieved them from
moiety of their circuit labor 1t was an alteration
not required by the people. The change of 1901
brief as was It's duration, was prompted by re-
gard also 10 the convenience of the judges, as well
as the better administration of justice. 1t provi-
ded for reduction OF the number of the former
from six TO five, on the happening Of the first Va
csncy, and, relieving them from all circuit duties
instituted distinct system Of CIRCUIT Couris. |.
more ettecuai separated the original f-o,n the an
peilaie jurisdic ion ofthe United States' Judge
sought 10 free the final trial Of every cause from
every bias in favor Of the original judgment.
The manner In which this new system, was exc
cued, accompanying, as il also did. revolution Of
parties m the United States, occasoned the repeal
OF the act which gave 10 IL it's transient existence
but the Immediate return 10 the former Judicial sys-
tenn was marked by no attempt 10 incre Use the nun-
Der Of Judges Of the Supreme Court, although such
an effort might have been expected, had the ,rium.
phsni party OF thai day possessed tie notions, now
sustained on THIS floor, by the gentleman from
Massachusetts.
IT was six years after, and eighteen from Tho A.
doption OF the Constitution, that sn1le Jude,
added TO the Bench os the Snprerne Com,