Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-01-24

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listed in the reign of William the Conqueror-
wish to see at least ten Judges on the bench of
the Supreme Court, and the concurrence of Sc.
ven required to declare State law invalid. or
to determine upon the implied powers Of this
Government.
Whoever has noticed the decisions fthe su.
preme court, even under the present arrange.
ment of compelling the Judges Of that court 10
perform circuit court duties, cannot have fai.
led to observe that in the most important cases.
involving the powers OF the General Govern
ment, depending on doubtful construction, and
its restrictive power over the States, they have
set with a strong and bold current, like the
Gulf stream, sweeping every obstacle before
them, IN an undertaking course TO the Federal
Ocean. We have already had an exposition Of
the powers of Congress, under the last clause
Of section 9Th, and lst article. In time TO come.
we might be favored with that of the LIST clause
Of the same article; and might We not, to Ger.
tain extent, have looked for such a state of
things! Can we not trace It to the frailties of
human nature, to an universal prediction for
the source from which We derive our authority,
The Sunhower does not more certainly and nat
urally turn her face 10 the general and viyifyine
rays OF that lumlnary in whose presence she de-
lights to bow, as ifin homage, than does Judge
to.the fountain from which he derives all his
consequence and authority The greatest Sc
curity against such tendency is to extend the
present system, and to require the concurrence
mentioned in the cases alluded to, so that a
small number may never decide in cases of such
momentous import. Mr. b. said, he was dispo-
sed to repose as much confidence, as any gem
tleman on the floor Of this House, in the learn
ing and integrity oflhe Judges of the supreme
court; but he would not render to them blind
and idolatrous adulation, like those, in ancient
days, who approached the Oracles which they
deemed invaluable. He regarded Judges mere
ly asmen, and was disposed to guard against
any improper tendency in their course. He
was sorry, with these views, to hear, from some
Of the advocates Of the bill, that, when Ibis par
ticular proposition to require the concurrence
in opinion Of a certain number Of Judges, to de-
eide on Constitutional questions, should be
brought forward, they would not sustain it. He
trusted that gentlemen would not PREJUDICE the
proposition. 1t should be laid before the
House in due time, and its final decision would
be urged. The principles of the proposition
would be discussed, and it would be then time
enough to decide upon it. Kentucky is not the
only State in this Union which has cause to be
dissatisfied with some of the decisions Of that
court None, he would admit, had greater
cause to be dissatisfied than Kentucky. But he
would submit it TO Virginia herself, if she had
not even cause Of alarm, at decision Of the su.
preme court, that, under rule entered up by
the court itself, properly, not subject to execu-
ton by any law Of Congress, might be sold in
satisfaction Of a judgment OF the Federal court.
The whole policy of Virginia, respecting her
titles to real estate, may, under that decision,
be made TO undergo radical change. There
might be some whose confidence in the deciS
ions Of that court was such, that they might be
inclined to smile at the manner in which he
spoke fits decisions; but, in doing it, he only
exercised Alright which belonged to him in
common with every citizen Of the Union, and,
on this particular occasion, he spoke with, he
hoped, the honest confidence Of Representa-.
tive Of certain portion Of the People Of the
U. States.
Mr.. Chairman, said Mr.. B It's asked wheth-
err the plan can be made to suit future exisen-
cies, and whether, when the present Territories
shall become States, and new Territories shall
be added, we are prepared to see twenty Judg-
to have limb Of the law in every section!
answer, that believe the plan can be made to
suit all future exigencies, and that there will
never be such an increase in the number Of the
States, as 10 render necessary that increase in
the number of the Judges which some gentle
men appear to apprehend. We have been told
by the gentleman from North Carolina that, in
his State, the Supreme Judge is not required,
by the business, to remain above two or three
days at term. In Kentucky, when the pre-
sent mass ofbusiness shall be expunged from
the docket, she may not require the attendance
of Supreme Judge for half the time which she
now does Such may be the case with the
other new States, and the circuits may be in
creased by taking into them the new States
which may be admitted into the Union do
not wish to see limb of the law in every sec
ton, but circuit court in every State, in which
a Judge of the supreme court shall preside, AS
much, however, as he admire the present sys-
TEN, he would willingly abandon it, rather than
by continuance of it in its present circumscri-
bed and too narrow limits, the People OF any OF
the States should be made to cherish feelings
of jealousy and bitterness against those bother
States.