Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-14
NINETEEN CONGRESS.
FIRST SESSION.
HOUSE OF REPRESENTATIVE
FRIDAY, JANUARY 6, 1925.
JUDICIARY SYSTEAI

wi. Aohiihson, oil Conn. IN the Chair, on the bi
further to amend the Judicial System of the Uni
tea States, and the motion yesterday made q
strike out the first section Of the bill being unde
confederation
Mr. Mercer, Of Virginia, then rose. The Com
mittee, he sad would do him the Justice to believe
'hat lie spoke with perfect sincerity, when he made
the avowal, that he had never risen in that Hal
under sense OF heavier responsibility than he hat
assumed by his motion to strike out The first sec
ton OF the bill before the Committees; nor had h.
ever, on any occasion, felt painfully the made
quacy OF his feeble powers to the duty which he
had to perform confess, sir, said Mr. NJ it was
win equal surprise and alarm, that heard, the
first day on which the committee sat, motion put
though happily not then decided, that the commit
Tee should rise and report the bill without solitary
murmur OF dissent to its avowed principles Ny
aPTTehensons were excited yesterday, as this mea-
sure was fastening to the same maturity, when the
voice OF my worthy colleague sounded gratefully
In my ear, through the medium of his rejected
amendment, the welcome signal of opposition.
am not only oppressed by the vast importance oil
the question now depending before the Committee,
nut cannot be insensible of my own unfortunate
situation, in being compelled to oppose measure,
brought into this House under the imposing sane
tlon OF the Judiciary Committee, Committee con-
ssting OF gentlemen celebrated, no less for their
professional learning than the of their general
requirements, and who are sustained, OH this floor
on the present occasion, by the force of their Sc
parate, as well as combined, reputation.
One ray OF hope, however, breaks through the
gloom OF these dscouragements. I am cheered by
the fact that the chief organ of the Committee The
very able Chairman, by which this bill was report
ed, has acknowledged that he yielded Ieluctan,
assent to some Of its provisions and has, in fact
as nope 10 prove, disclosed its utter incompetent
cy TO fulfil the avowed wishes of It's friends i'm the
remedy that it provides for the evils OF which they
complain. My resolution to resist this measure,
was even strengthened, by the argument in its ia
vor, delivered yesterday, in a manner 80 gratifying
10 this Committee, and TO no member Of it more
IMAM 10 myself, by" patriot soldier of The South %
another learned organ Of the same select Commit
tee was, indeed, not little surprised, when |
hearh MS objections to our present Judicial system
and traced the path by which he had reached the
conclusion that the present bill provided a remedy
Tor the evils which he pictured. shall endeayor
10 demonstrate, that its effects, should it prevail
VIII not be, 10 promote the distribution of prompt
impartial, and uniform justice. That on the con-
lrary, II will prove deleterious if not destructive
OF The vital principles of present judicial sys-
tenn; that OF evils which it processes 10 cure for
some 1t provides no remedy, and others it will ag-
gravate.
Whit, then, is the character of our present federal
great reform?
listened with pleasure, Mr.. Chairman, to the
remark oil the gentleman from Massachusetts in the
brief, but comprehensive history with which he
favored the Committee, that the first Congress
which sat under this Constitution had, with sineu-
lar felicity, struck out by one act, judiciary sys
tenn, which had. for so many years, stood the un-
errihg test OF experience, and proved its own
adapitude to the genius and necessities of our adj
vancing and still prosperous country.
understood him emphatically 10 state, that the
only evil which he had heard charged upon this
system, in any of the Atlantic States, was delay
real or apprehended in the proceedings of the SUI
preme court, and for this. be had himself suggest
cd very simple and efficient remedy--a remedy
which constituted, however, part Of the bill ON
your table. From the ST. Mary's to the ST. Croix.
from the Ocean 10 the remotest w estern verge of
the Atlantic States, the people are in a state of
perfect coDtentment, the honorable member as
sures us, with their present judicial system
Where, them are the evils which call for redress
They be found, it seems beyond the territory
which have described. In portion of this I'm
ion, in the prosperity of which my feelings are as
deeply enlisted, MIR. Chairman, as in the welfare oil
the Atlantic States. For all that concerns the
happiness oil this country, ought TO feel the soci-
tude which l express, because | know it well and
hold, In high respect and esteem, its worth and ge
MUS, as well native acquired
And 10 what portion of this extensive and fruit
fu territory are we referred for these eyils' Sir
the Judiciary Committee tell us, by their chairman
that they are confined to single circuit, embrac-
ing three, only, of eleven states And in what de
they here consist? In a delay of Justice, to sucl
extent, that on the docket of the district and cir
cult courts of Kentucky, and chiefly, If not solely
on the latter, there remain undecided $50 causes
On the dockes of the district and circuit courts OIL
Ohio, probably the latter, since this state has a.
little maritime jurisdiction as her Southern neigh
Dor, there are, he apprises u.s. $50 suits standing
over; and the gentlemen Of the bar Of Nashville
where the only remaining circuit court is held have
stated that there are $50 suits depending.
Now, sir, it is to me highly gratifying, amidst
this array OF judicial distress, to derive, from the
same authority, the most consolaiory information
That, in the circuit court of Kentucky, TO which
Judge OF the supreme court has long been allotted
and who also resides in Kentucky this accumulation
OF suits is not to be attributed either negligence
OF duty" or" want of Industry" and this informs-
ton is moreover couoborated by the extraordinary
fact, derived from the same source, that, in ihi,
single court, in the short period Of three years
more than 1000 causes have been actually tried and
decided. Now, sir, very simple operation OIL
common arithmetic will determine the true extent
of this delay and its result manifesis that with the
same diligence that has been hitherto manifested
by this court, eighteen months, will clear its dock.
ct OF every cause now upon it, And in what dss-
cripion Of does this eighteen months delay
occur' Sir, many of them must be land causes
carried into the federal circuit court, for reasons well
known; causes involving the collection of mas.
of testimony, 10 be gathered by surveys in the re-
motest forests Of the state, 10 be collected after
words, and investigated, with painful labor, by
district judge, assisted by judge of the supremt
court, who, though residing in the state Of Ken.
lucky, and justly venersted and beloved, has been
for some time, lsboring under the infrmity Of Z
dise~e, which our bill, should it pass, cannot re-
medy-