Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-12

Judiciary, in presenting the bill in its present form,
had been Influenced by wish TO permit the sub |
ject fairly and simply before the House.
In that simple form he hoped the principles of
this wouid receive their discussions, nd tina,
the subject would not be embarrassed by adding to
the bill any new provisions at present. Let the
gen,eman's measure be argued general meas
uIe, and then let il stand fall on its merits
Mr.. Powell said, in reply, that IL was tar from
being his intention to impugn the original policy
which produced the feature alluded to in the fire,
Judicial act. On the contrary, he thought that il
would be ia strict conformity with that policy, to
adopt the present amendment Here are, said he.
three new Judges to be appointed. So far refers
to them. let this policy prevail. lie, them, if you
please, allot the new Circuits among themselves
But, he would ask, ii it was not the height oil in
justice to give opportunity for case which,
though he hoped it was not probable, might never
theless, occur III which gentlemen disc tented with
their present Circuits Nigh, into combination
with the three Justices, in such manner 10
obtain majority, and thus to regulate and control
the allotment of the whole ten Circuits. Sir, said
Mr.. II. would not destroy, would preserve, the
policy of the original Judicial act, bul would also
make it applicable 10 the occasion. II the conse-
quence which had been suggested by the gentle
man from Pennsylvania, MIR Buchanan,) did in
deed necessarily follow, andby adopting the amend
| ment. the circle was to be narrow ed from which
Judges of the Supreme Court, he certainly should
| not advocate it. But he could not peg eiye now
this was 10 be the case. IL these thee new Judges
were to be assigned TO three specific Circuits, the
Presiden, would still have the whole United States
from which TO choose them. But he pray the
committee that they would not give these gentlemen
a chance, in effect, TO supersede faithful old ser
want, 10y sending him TO distant Circuit; and thus
probably, forcing him to resign. The President
| might rest quite secure-he was MOI in the least
danger of disappointment lie; him ba; point his
iii.;er 10 any professional gentleman in the Union,
with view TO tins appointment, aud tina, gentle
man will accept it. He will never stop TO inquire
whether he Is To be sent across the mountains 10
Lonisana or is 10 travel over the smoother surface
of the Atlantic States. Rely on it, Sir, if once
called, lie will accept. AS TO that provision in The
law which, in OF death resignation, requires
new allotment supposing the Judges to live, then
the case is provided for; hut the presen, Is case
not within The law Ii requires a new legal provi-
Ion With relation TO this aspect of il, for linn
sell he confessed that, young lie in lesisla-
ton, lie had no great confidence il the correctness
of his own judgment. He had given this part of
the subject his best consideration, and had endea-
vourtd TO perform hi duty by submitting the result
He should now bow with submission TO the decision
oil the House.
Mr.. Draytrn, of S. c. said, that he should not
have risen at the present time, had lie not been
| called on BY The objections urged against the bill
by the gentleman from Virginia, Mr. PowelD who
had just taken his scat. As well as lie had been
enabled to hear him, which, he .yever was but i'm
perfectly he understood the objections of the gen.
| 'eman 10 bear, first, on the proposed number oil
judges, and next, that feature of The bill which
allows them the power OF allo,tinS their circuits
among themselves. Now, Mr. Chairman, as 10 the
FIRST objection, ii that part of the bill should be
taken away which increases the number of the
| tNly ~ - ,tnt,t al. .l.
The bill viii be defeated. What is that obect. sir
II Is the distribution o. Justice to the people of these
! United States. Now, justice consists, first in The
enactment oi equal LAWS, and hen in the equal and
efficient administration OF the laws for IL is mai
ter OF comparatively little consequence how i,ist or
how wise tie laws which are passed may be, if.
when passed, they are not equally and impar,isIIv
carried into execution. Their enactment in Tie
statute book POSSIBLY interest the politician or
aincse the speculative jurist, but can never essen
tally benefit The actual condition If human atTrs
| Nile ~ the statute book merely, such laws hold
| Out, Indeed, the prospecl oil benefit lui, when
the application OF that benefit is required l., the
| people, IL Is MED them. Such LAWS with III th.ir
sound OF wisdom djusiice, are d mere mocl,ery
10 the understanding keeping d promise 40 he
| ear, but breaking II 10 the sense Now, il instice
consist not on, ~ the enactment OF equal ia,y. but
| IN the elective and equal execution o. them and
II IL shall appear, tina, la these United States the
laws al tins moment are not equally and impartial
~ administered, hen II will follow, that all The c,t
izens OF his country are not In tie emioyme,t O;
p1oic justice; and II the fact be, that, il some paris
| oi lie Union, important benefits are extended ia
our population, which, in other parts. are rracii
caly denied then, say, that those to whom tl,cy
are denieG are entitled not only TO ask but 10 ella
inoui, Tor thoir rights, which have been y ithLeld
tom ibe"' For II Is vain to say That they DOS
sess their rights, while hey see another part Of The
Union, which Las no better claim to Justice than
themselves, In iul POSSESSION of what Is denied
| TO them. 10 render these few observations p.rti
henl 10 the mat er under discussions il seems 10 me
aecessary, Mr.. Chairman, that should establish n
the fret place. The fact that the administration of
justice IN Ihese States is now uneouai Secondls
thf' 'Lis Is IN evil which GU, int 10 Le remeded and
that Tins bill affords remedy. Sir in wlla I .lI
say on this subject, shall 70 enter mo any elabo
rate investigation Ui the various e. lis and afomae.
when are 10 we i"u"d IN the present judicial sys-
TEN. Were even wiling TO DO this. ! tould he
unable Some years since ] was in tie practice. nj
the law, and 1t l. b. actual practice alone that tLa,
sort oil kno ledge Is acquired, which would enabl,
one 10 become innuiely acq tainted with the deta IL
! ~ system rmbracg wide field as de adm, ,,
stration Of the laws Of lie Union in ttyentv-Co,,
States. Happily | need not ~ this. II win
De sufficient II slew, hat, H. ,vo or three p,oroi
Ihent Instances, certain portions Of tins IIuion do
rive great and valuable advantages from fine nresen,
Judicial system, which 0 her paris do moi i'm,
on he contrary suffer from il endorsements and
njurieS. Il hall be Afterwards enabled TO she,,
that The remedy provided Is adapted to meet and o
remove 'beae evils, shall have done all that the
subject req ife- OF me.
According 10 lhe present. Judicial system, lir-
CUT courts are held, IL inOSi of the States twice in
every ear, while in some other Of the taos The.
are held only once. Nov, sir. il must be evident
that H. 10 one part ofthc Union Circuit Coprs are