Litchfield enquirer., 1830-04-08

ginal States, in all respects whatever" did not confer upon her the right to claim that the Circuit Court system should be exten- dcd to her immediately, and that no obli- gatIon was imposed upon Congress, so to extend 1t, until the wants of the State re- quired it, and the circumstances of the ] country permitted it to be done. am sat- isfied with this standard of our duty. and I ask the Committee to apply it to the pres- ent situation of the six new States. Its wants, so far as they apply to this subject, are to be ascertained by referring to the ex- tent and amount of its business in the Fed eral Courts. was surprised that the Committee were furnished with no state ment regarding it. do not know, nor have heard, that it is such as to require that the judicial system should be extended to 'hems and being ignorant of their wants car lv vote for bill which has been framed | to supply them lfI were allowed to haz- ard conjecture, it would be, that the iudi- clal business of these States, in the courts of the United States, was very limited in a. mount. Their local situation and the halo its and pursuits of their inhabitants, fw;th the exception of the commercial cities of New Orleans and Mobile) would seem to be such as not to produce much litigation m these courts. No memorial has been presented from any one of these States, at least none, within my recollection. stating their wants and soliciting relief.
 have obtained from the clerk of the Supreme Court q statement of the number ot causes now on the docket of that Court, anu from what courts they have been brought up; and l was surprised to find, that there were more causes from the Dis trict Conrt of West Virginia, to which the Circuit Court system has never been cx- tended, than from any one of the six new States. The whole number on the dock ct. IS stated 10 be one hundred and thirty three. Ofthese, six are from Louisiana-.- seven from West Virginia-five from Mis- sour two from Mississippi; three from Alabama, and from Western Pennsylvania, which is excluded from the operation of the Circuit Court system, two. None from H. linois, none from Indiana So that out of one hundred and thirty three cases, sixteen only are from the six new States, and nine from States which have no participation in the benefits proposed to be conferred on the former. am aware that this is not a certain criterion of the actual amount of iu- dicial business which is done in these States; for many causes arc disposed of in the District Courts which cannot or do not come to the Supreme Court but am in- clined to believe it is safe basis upon which to calculate the extent oftl,eir litiga. ton in the Federal Courts. What, then, is the result Is it not, that their wants are not SD pressing as to justify the passage of this bill :?
 But it is alleged as another cause of com- plaint, that they are deprived of the sub- stantial benefits which result, and which the other States enjoy, from the establish- ment of Circuit Court admitted upon terms of full equality, they are denied an equal participation in the benefits of iudi- cial system, which should reach and euual- ly protect the interests and promote the prosperity of all that, according to the existing system, they are deprived of all the advantages resulting from the supposed su- perior legal requirements of a Justice of the Supreme Court; they are subjected to the delay and expense of a trial at Washington, when they might be entirely satisfied with the decision ofa Circuit Court that they arc not allowed an appeal to the Supreme Court. unless the amour, in controversy, in all cases, exceeds two thousand dollars 1; and in criminal cases no appeal at all.
 have already adverted to what can- not but deem satisfactory reply to this cause of complaint. So far as it relates to the final jurisdiction of their District Courts, in cases where the demand does not exceed two thousand dollars, and in prosecutions for offences, it may easily be obviated by a modification of the present law, in these particulars. But remark or two further may not be out place. It seems to me, there is but little ground for this com pIainf. It is perhaps true, that from the in- creased responsibility, the increased salary, and thus increased inducements to men of learning and talents to accept the office of Judge of the Suprrme Court, the Judges of that Court are generally presumed to possess the requisite qualifications for such an elevated station,in greater degree than the District Judges; but if the latter were all as we'll qualified (and do not know but they are) as one with whom have the honor of personal acquaintance, and others whose character and reputation are well known by every lawyer, there would be no necessity to institute comparisons, ,nor any room for the application of the pre- sumption to which have alluded. But is