Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-30

construction these Judges may be appointed u,res o
m supreme court IN like manner the other Judges
unuer Tue amendments OF the Senate If shall he
adopted. " ~
hho'her question which arises is. whether under the
our as amended there can be any circuits at all? And
'S ne considered doubtful question. The bill since
me senate have stricken out part of it, contains no
provision or the allotment OF the Judges to their seve
Ia N"cuss; and the only way by which they can CIV er
et t"ere 10 consider them under tue provisions of
e former law of 1909. IT, however ii should turn out
hat there can be circuits under the bill as amended
II VIII be an evil which be rernedied by subsequent
Legislation.
MIR WRIGHT asked FOR the reading of The renorf
% e judiciary Committee but the House refused leave
to have ii now read.
/ Mr. WRIGHT said, he had hoped that the fouse
"ou'a have consented 10 hear lie report of the commit
zee pccanse he considered that report as the best an
ei 10 me argument which the gentleman from Mas
sacisetis had Just advanced Itcertanly snake a Ian
gnuse directly adverse 10 that which he now employed
nc committee on the Judiciary, in t,a report nresen
'e case anu expressly say, that there authority
giueT e constitution 10 appoint Judges for Gin cults
"e "hoe report Is predicaed on the fact that the a.
"ehaH'eh OF The Senate does provide that Judges Shall
e appointed Tor circuits The gentleman had changed
! hls opinion; why, Mr.. w. knew mol
/ Mr.. WEBSTER said lie had changed no oDiDon--l,e
Nah drawn the Committees reportle knew what il
coh'ained-and he had changed opinion there adj
VanCcd.
Mr.. WRIGHT said the report would spea, for itself
says that there authority under the Constitution
TO commission and appoint Judges for Circuit and So
said MT. w / maintain. The gentleman noy says :hat
make the words in the secoed section, merely descrp
i've But il so, you may also, BY construction make
Inc words OF the second section control and interpret
those III the first The rule of construction NAV as
we'll be applied ,Ilc way as tho other: but he had
ever considered it safe uc of conduct that in ca
SEES Fhero doubt it is better to abstain from ctinr
The gentenon's construction presents matter OF doubt
ana That too on Constitutional question, and he there
fore thought it would be better for the House 10 refuse
TO act upon the bill.
AS TO The other point Of suffering tie appointment of
y % he Il lyt I,,I,
mol willingly come into collision with the gentleman
from Massachusetts, But he belle, ed ir The gentleman
would examine at law, lie would find chat lis language
Is snch as limits ITS operation tGhc a; that time
10 be prov ded Tor He would leave 4 10 the Iorse
10 Judge whether the opinion at present expressed
oy the gentleman from Massachusetts, or is not con
ssten with the lang uage Of the report and the language
OF that law. Tie vote, however OF the House is 10
be influenced by the first of the questions and SO far as
himself and his friends concerned, obey had no other
r course now LETT them than TO defeat the bill
MI WEEsTFR said in rcply, that when gentleman
~ suci strong terms as had been used BY the gentleman
nom Ci' "cIlses another of inconsistency, mere es-
Pecialiy where both gentlemen are profess onaI and
pom OF 'hen Inen:bets OF Committee 10 which the
iouSe sconded very important subjects ii was mol to
ne expected that the charge shouI be submitted TO- If
/ II could be reutcd. lie had the means 10 rcfutn n nr
or at future time. He considered: II as ouestion
oipersona choracteras charge which applied 10 linn
as professional man--and he would ask that gentle
man not 10 sbroud himself under any complaint tl,a
The report could '-'t be read he did not submit To
such charge, and called the gentleman to prove
IT. lie not in the habit Of tr;nn when he stated
legal opinions 10 this House. lie world road fe ror
OF the report to which the gentleman had referred and
the gentleman from Ohio should sec and the House
should see whether he departed from the doctrine of
that report or not lie had set out without saw ing
"at' as 10 HE mere arrangements of Circpits though
lie considered that proposed BY the amendments as in
/ c%PedIeni, yet II thing that nigh! be rcinedcd
/ by subsequent legislation.
On the other points lie revert to the repor itself
as lie should not Weld The point OF Conaistencv on dis
floor, without struggle.
Here Mr. w. quoted from the report the passage in
winch the Committee declared, that under the ACT
Judcs cannot be appointed for Circuits
This is The opinion expressed this floor said Mr.
W. and tins Is the opinion expressed in the report. Yet
by Const ructon the first section NAV he made 10 control
the residue of the act, and TO requre4at the language
IN the second section i'll respect the appointment o.
The Judges. be considered and taken as descriptive
merely.
The gentleman shall not escape. This il win be seen
IS the opinion Of Inc far. The report fur
ther says that, if the language tie amendment as &c
tie appointment of the Judges could have lis natural
eucct' there would be an anomaly And so there would
There Is apparent incongruy between The bill and
thc northumberland what have said against il? Not
one word. said, and The report says, there is an ncon
SrrIiy-but how those WHO 10 the laws
To get it, BY considering The words in tic t1ni
section what the lawy call descTpiio ueS1Bt-
and not declaring The tenure OF Office Gv giving
1t such construction that the word appOintcd" in the
second section shall not the same as "corinis-
stoned" The gentleman, lie chooses, may deny this
he may form and express Il bcttor legal opinion.
nave SuCb FdtlCu uIillOn on Own judgment
not TO admit that the gentlemen may decide better than
Il but the question is, whether us opinion which
have cOnradicted? The gentleman show DIS If ne
can, for speak now only AS TO the point Of ay
sisency.
Mr. MERCER said, that he found impossible to con
slider the motion TO rcccde from tie disagreement TO The
Scnates amendment of the bill which had so long occu-
pied tic attention Of the present Cougrcs without re-
gartmg the circumstances under which il appeared
before this House Among them, there were solne
which he could forbcsr TO recall 10 the recollection
nj OIL vf, fi,orI !
raj health qualified him, al present. for cperr into
debste should he attempt it, however briefly il
those circumstances had not seemed 20 escape the notice
Of the gentlemen wbG had preceded bin.
lie had read, he said, with unlcigUcd satisfaction, tic
last report Of the Judiciary Committee Of this House,
and hsttned, therefore. with little surprise, TO tic
recent observations Of the Chairman ofba Committee,
on the depending motion What had that Committee
recommended to tie Honse, The adoption ct tie