Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-06
THE JUDICIARY SYSTEM.

committee OF The whole, on inc OH luItiei "
amend the Judiciary System of the U. States.
This bill proposes, That the Supreme Cour,
of the United STATES shall hereafter consist oil
a Chief Justice and nine Associate Justices, and
provides for the appointment Of three Add
tional Associate Judges of said Court.
That the seventh Judicial Circuit OF the u
nited States shall, hereafter consist OF the DIS
trlcts Of Ohio, Indiana and Illinois; the eighth
Circuit, Of the Districts Of Kentucky and Mis-
souri,; the ninth Circuit, OF the Districts OF
Tennessee and Alabama; and the tenth Circuit,
of the Districts of Louisiana and Mississippi.
1t repeals so much Of any act or acts OF Con-
oress. as vests in the District Courts OF the u
nited States in the Districts of Indiana, Illinois,
Missouri, Mississippi, Alabama aad Louisiana,
the powers and jurisdiction OF Circuit Courts,
and provides that there shall be hereafter Clr-
cult Courts for said Districts, to be composed
Of the Justice of the Supreme Court, assigned
or allotted to the Circuit to which such DIS
tricts may respectively belong, and OF the Dis
trict Judge of such Districts.
Mr.. WEBSTER, Chairman of the Judiciary
Committee, said that the bill which was under
consideration Of the Committee, was so simple
in its provisions, and so unembarrassed with
detail, tina, little or nothing, in the way of ex-
PLANTATION, merely, was probably expected from
the Committee But the general Importance
of the subject, and the material change which
the proposed measure embraces, demanded
some exposition of the reasons which had led
the Committee on the Judiciary &c submit 1t to
the consideration Of the House.
The occasion (said Mr. w naturally pre-
sents two inquiries; first, whether any evils ex-
ist in the administration Of justice in the Courts
of the United States; and, second, whether, II
there be such evils, the proposed bill is pro-
per and suitable remedy On both these points
il is my duty to express the sentiments which
the Committee on the Judiciary entertain FER
hans. however, Mr.. Chairman, before entering
into discussion of those two questions, may
he allowed TO state something Of the history OF
this Department Of the Government, and TO adj
yer, to the several laws which have been, from
time 10 time, enacted, respecting lis organiza-
ton.
The Judicial power, which, BY the Constitu-
ton, was to be exercised BY the present Gov
ernment, necessarily engaged the attention ii
the first Congress. The subject Tell into the
hands of very able men, and it may well excite
establishment that the system which they pre-
pared and recommended, and which was adopt
ed in the hurried session Of the summer OF 1889,
has been found to fulfil, so far, so well, and tor
so long time, the great purposes which 1t was
designed TO accomplish. The general success
of the general system, so far, may well inspire
some degree Of caution in the minds oil those
who are called on to alter or amend 1t.
By the original act oil September, 1889, there
was to be Supreme Court, according to the
Constitution, which was 10 consist OF SIX Judg-
es. and TO hold two sessions year, at the seat
of government The United States, or such
of them as had then adopted the Constitution,
were 10 be divided into Circuits and Districts,
and there was to be District Court, IN each
District, holden by District Judge. The Dis
tricts were divided into three Circuits, the
Eastern, the Middle, and the Southern; and
there was to be Circuit Court in each DIS.
trict, to be composed oil two OF the Justices oil
the Supreme Court, and the District Judge Tor
the District; this Circuit Court was to hold TWO
sessions year, in each district, and need not
inform the committee that the great mass OF
business, excepting only that OF admiralty and
maritime Jurisdiction, belonged to the Circuit
Court as a court of original jurisdiction 1t
entertained appeals, or writs oil error, also,
from the decisions Of the District Courts, IN
all cases r.
By this arrangement, thSh, wv
the Supreme Court were required 10 hoiu TWO =
sessions of that court annually at the seat OIL
government, to hear appeals or wrlts OF error;
and i, was required Of them, also, that TWO Of
them should attend in each District twice
wear, and hold, with the District Judge, oir-
cult Court.
Ii was found thai these duties were so our
,hensome that they could not be performed -
In November, 1922, the Judges addressed the
President on the subject, (who laid their com
munication before Congress9 setting forth
their inability to perform, without eAertlons
and sacrifices too great to be expected from any
men, the services imposed on them by law IL
was, doubtless, this communication which pro-
duced the law of March, 1898, by which It was
provided that one Judge OF the Supreme Court
with the District Judge, should constitute the
Circuit Court And, inasmuch as the courts
would now consist OF two Judges, provision
was made, perhaps sufficiently awkward ana
;nrvnvenient, for the case of difference OF OPT
MON. II will be observed, Mr.. Chairman, that
bv these laws, thus far, particular Justices are
no, assigned to particular circuits. Amy two
Judges OF the Supreme Court, under the nrsl
law, and any one, under that oil 1885, with the