Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-09
MONDAY, JANUARY 9, 1926.
JUDICIAL BILL.


The House resolved itself into Committee
on the bill 10 amend the Judicial system; MI
Tomlinson (of Con- in the chair
The question recurring on the motion OF hr.
MERCER Of Virginia 10 amend the bill by striK-
ing out the first section
Mr.. MERCER said he was persuaded the
House would do him the justice TO believe that
he spoke with perfect sincerity when ne made
the avowal that never, al any period oil his lie,
had he undertaken a heavier responsibility than
that which he was, at this moment, about to as
sumo; nor had he ever undertaken any on which
he so sensibly felt the inadequacy OF his own
powers to sustain with the effect he desired, the
part which he had assigned to himself IN this
important discussion. He was free to confess
that he had been under the influence OF serious
alarm, when he heard The bill, forth first time,
reported 10 the House without single voice
being raised in opposition to the general prin-
ciples on which il was founded; and, again his
apprehensions were excited yesterday, on per-
ceiving that it was approaching the same point,
when the voice ofhis honorable colleague broke
gratefully upon his ear, sounding the welcome
Signal opposition. He was not only oppressed
with the vast importance OF the question Oh
which he was about 10 address the COMMITTEES
but he could not be insensible Of the unfortunate
situation in which he found himself placed, IN
opposition to the powerful Committee on the Ju-
dietary, composed as it was, of individuals eel
ebrated for the profandity Of their professional
knowledge, the extent OF their general acquire
ments, and the weight OF their separate and
combined reputation. Against such phalanx,
ne could hope but for little success.
One raw Of light, however, broke upon him !
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to the policy Of the bill The chairman HIM
self, whose opinion had always the weight oil
an authority, had, in effect, pronounced the IN
competency Of the bill He felt strengthened
in the resolution of resistance, when he heard
the argument which was delivered yesterday,
and in manner which delighted him, by pa
triot soldier Of the revolution; and much was he
as,onished, when he regarded the nature OF his
propositions, to discover by what path he had
reached the conclusions at which he had arriv-
ed, that the bill before the Committee could be
looked on as a remedy for the evils which ne
had pictured What are the evils? He had
listened with pleasure, while the gentleman
from Massachusetts, in the brief history with
which he had favored the House, had given his
opinion, that the first Congress had been pecu-
liarly felicitous in striking out at once, sys-
tenn ofJudiciary so well adapted to the genius
and exigencies of the country. He understood
him 10 state that the only evil which resulted
to the states on this side of the Allegany noun
tains, was that Of delay, and that this would be
remetlied by the bill which was before the
Committee. So much Cor the states which lie
on this side of the mountains; as relates 10 them,
the present system has, during an existence OF
Sc years, given entire satisfaction, from one end
@. these states to the other, from the Northern
10 the Southern extremities Where then are
the evils? They are to be sought Tor beyond
the frontiers ofthe territory which he had des-
cribed; in portion of the Union, in the happi-
ness and prosperity of which his feelings were
as perfectly enlisted as in the welfare OF the at
Iantic states; in which he ought to feel as deep
an interest, for he was well acquainted with It's
worth, and held in the profoundest respect.the
virtue and genius which originated there.
In what portion Of this territory should he
look for these evils? They were confined, as
was admitted by the friends of the bill, to one
solitary district, comprising three states; and
in what manner do they originate! Let us ga
Their the fac,s from the same source. How has
the delay arisen in Kentucky, where we are IN
formed there are nine hundred and iiity causes
on the docket, while, within three years, two
thousand causes have been disposed OF! ne
Judge, a man worthy of our highest VencratIon
and warmest affection, has been stretched on
the bed ofsickness and, owing TO this attiiction,
this accumulation Of causes has taken place
Applying the principles Of computation to this
evil, what cause Of alarm does it present!
cause involving a.matter of fact and testimony,
and occurring in remote region Passing
from Kentucky to Tennessee, we find there are
two hundred and twenty cases remaining over
in the western part Of the state of Tennessee.
We are not told with what despatch the Circuit
Court has proceeded in the eastern section OF
Tennessee five pass into Ohio, we Ind the
number Of undecided causes still less.
With view to reduce this mountain to
n,o,ehill, he would state curious fact, Tor
which he was indebted to the Deputy Clerk OF
the Supreme Court, which would tend to Illus
frate the extent TO which new organization OF
the Supreme Court, in the manner prescribed
by this bill, would apply remecy He found
that the appeals from the state OF Ohio were
nine. from Indiana, there was one, from west
ern Virginia, one; from Mississippi two; from
West Tennessee one; from East Tennessee nine
Il would be- seen by this statement that where
there is no Circuit Court, in which Supreme
Judge presides in association with DISTRICT