Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-02-01

from three to hve years ne amount oil eX-
2enses to each party, at each term, on an ave-
rage of all the causes, cannot be, Tor fees, at
tendance, and agency, much less than six hun
dred dollars; so that, probably all the plaintiffs
paw yearly, one hundred and eight thousand
dollars; and all the defendants like annual
amount. This accum llation, it must be con-
fessed, will be greatly augmented, when you
shall. as proposed by the bill, have removed the
distractions now literally choaking the chan
nels of Justice in the Western States. All the
great causes accumulated there in consequence
Of the entire deficiency Of judicial labor in that
vast region, fertile as it is represented to be,
by the friends of the bill, in legal question and
controversy, will, by the three new Judges and
four new circuits, be speedily tried, adjudged,
and appealed; or at least great number Of
the most heavy in amount, and intricate in prn-
ciple, will be appealed to the Supreme Court.
In the West, this accumulation is still more
appalling: in some districts three hundred,
some four hundred, some FIVE hundred, and
seven hundred causes; in all, from seventeen
hundred to two thousand, lie over, untried, at
each term; and the number is increasing to an
alarming amount Of accumulation.
These evils are to be remedicd by this bill.
The nine states of the Mississippi Valley are
arranged into four circuits; and three new
Judges are to be appointed as judges Of those
circuits, and of the Supreme Court The rea-
sons for this measure are widely spread, and Of
various character. They may, however, sir, all
BIZ comprehended in three; LIST, il will equalize
judicial administration: I'd, it will equaIize ju-
dicial representation: Sd. it will equalize Judi
cial knowledge of State Laws.
Judicial administration is said to be unequal,
because District Judges, in the Western Dis
tricts, hold circuit courts, and decide great
causes OIL life and property; while such causes
are, in other circuits decided by Judges of the
Supreme Court. These District Judges are Of
inferior rank; inferior salary; and of course, say
| the gentlemen, of inferior talents. This inc
quality was the basis Of the able argument,
made in favor Of this bill, by the gentleman Of
the Judiciary Committee, from Sonth Carolina
Does this bill remedy this inequality? 1t does
not even propose to do it. In West New York,
West Pennsylvania, and West Virginia, at
least one million of people are left to endure this
inequality. Away then with all pretensions 10
equality, when you exclude one tenth part of
the people from al! benefit of your new system.
The gentleman from Louisiana, aware of this
difficulty, claims this system fer each State.
at is enough that our pride demands it, e.
nough tina, it will crafty our pride" Gift will
feed nothing else it will feed" our pride. Be il
so then; but let the indulgence be equal Let
every State have her Judge; for every State has
her something whereof TO be proud If Judges
are 10 be allotted by this ratio we shall all
give the first rank to Virginia, and the same
reference to Revolutionary glory will give the
second to Rhode Island. If, in the last war,
Tenpescee we're in proud ofh ar w all;pptnp
Of the West, might not the Sea Green Island
boast her Nelson Of the Lakes. This question
pride, am willing TO own, has little con-
nectien with the appointment Of Judges States
are not recognized in the judicial system of the
nation. Bv the constitution they are amalga-
mated; and by the law of 1889, they were di-
vided into Districts and Circuits; and their sew.
eral boundaries are no otherwise regarded than
as the limits Of these Judicial Territories
These were established, not to create offices and
salaries for individual benefit, but to dispense
that justice which, by the Constitution Of the
United States, the Government promised to
provide for the People
What instance, Sir, Of injustice has been de-
tailed in all this debate? No error Of ntention,
no error Of neglect, no error of ignorance has
been set down to the account of these merito.
rious, and much abused District Judges The
smallest and the greatest causes have been ex.
amined and adjudged, with the most scrupulous
regard to justice. Not one judicial injury has
been done by these men throughout those whole
nine States. 1t is not for lack of Justice that
they cry out; but for lack of rank and salary
They are satisfied with the service of the altar,
but not with the grade Of the priest They do
not say that the victim is not well selected for
sacrifice and for food; but they are utterly dis
satisfied with the richness of The garland. The
viands Of justice are abundant and wholesome.
They only complain that they are served up and
distributed to them on plain porcelain, and not
on massy and glittering plate. Our country,
Sir our country is yearly doing miracles for
the millions of her children; and yet how Justly
might she address to them the mild and merci-
full rebuke of the Prophet of Nazareth: aye
follow me not for the miracles which wrought,
but because We ate of the loaves and were filled.
The second great argument for this bill, sir,
is, that it will equalize judicial representation.
We are told by the honorable gentleman from
Ohio, Mr. Wright,) Of the Judiciary Com
mittee, that our Government is representative,
and the judiciary, because it is part of it, is
therefore representative. The honorable gen
teman from Massachusetts, (Mr Webster,)
Chairman of that Committee, has told us, that
the extent of the number Of Judges Of the SUI