Litchfield enquirer., 1830-04-08

IS extended. As to them, it is ,,rrs3 th"1 1 there has been for many years. ami nn,v ;. great accumulation of business in the nocr, 1 cts of the Circuit Courts, which cannot hs finished without the formation of new circuits,
 and that the delays consequent thereon are equivalent to denial Of justice. shah not stop to recapitulate the statement Which was
 made of the extent of this business as it exist ed in 1928, when bill similar to the present passed this House, and which was probably the principal inducement to its passage. It occurred to mr, while the honorable member
 from Pennsylvania (Mr. Buchanan) was fa- Noflng the committee with this statement. that the experience of every lawyer cvincea
 that 1t is not always the number of canses on
 the docket which furnishes a sure index oftho
 actual amount of litigation; that judgment
 n one would settle principles which would apply 10 many. did suppose, as was sug- gested by the honorable member, that in Ken.
 lucky, one source of litigation, which had
 circuit. was dried up; that an adiudication of ! the Supreme Court of the United States had
 put an end to the commencement of many
 causes in the Circuit Court which would ot6. erwise have beeh there. l had understood also, that thls'adludcaiion was acquiesced in. promptly and with good grace, by that nat. rl"ilc State: She is not the only State whose laws have been subjected to the searching operation ofthc Court of last resort. Almost every State in the Uuion has, at some period, had her legislative enactments tested by the constitution, through the medium of that Court. wish could add. that they had all submitted as promptly and as cheerfnly tO the Judgments which declared their laws void, as did the patriotic, higb.minded and honorable State of Kentucky. It occurred {" me also. that many intricate questions con- nectrd with the land tits of the States of Kentucky and Tennessee had been finallys.t. tied. and thus considerable portion of judi clal business arising from that source been re. moved from the docket. And had hoped we should have been furnished with a state
 ment ofthe an6nnt of judicial business. of ''t'gated cases, at present pending in the Cir
 chit Courts of these States. 1.-the honorable
 members who have preceded me in this dc-
 pate nad made such state'aent. ! should 1 have inquired no further. should have re-
 ceived it. as do every thing which they coffi'~
 nun'cate as facts-as entitled tO fulf and en- ire credit. Neither of them. however, iu- formed the committee, or, if he did, it has escaped my memory, ,ofthr actual state oftha dockets, the number of ltigated cases fo Bg. heard and determined. deemed it proIer. therefore. to obtain information on this pcjnt. as was to be called to vote upon this bill. proiessedly and principally framed to obtain asperdy disposition of this judicial busipessy and sought it from source in my iudg-
 meni entitled t0 the most implicit conscience
 m its accuracy. l have obtained it, and win
 now communicate it to the committee ;
 In the State of Ohio, there are fyy0 Cir. cnt Courts held each year. at Cola rabns.- m the State of Kentucky two terms, at Frankfort. In the State of Tennessee one trrm at Nashville, and one at knoxyille.- Ihe information as to the state Of the doek- cts ID the Circuit Court in these States. is. that TWO weeks will probably be sufficient to finish the present docket at Trankfort, at the next term; about the same period at Nash- Vile and that at Knoxville less than n week Will be required; and that two weeks in O.. h'o will be sufficient for the same purpose i: mat under any circumstances, probably noS
 more thantwo weeks and half will be ne. cessary at Columbus, Frankfort. or Nash. Vile. Taking the longest period here stated. the present dockets. at the next term in thogS.
 States, can he finished in thirteen and half weeks. l think no member of this commit-
 lee will believe this period will be so long as to occasion such delay as will amount tO a denial ofjustce. No complaint las been heard
 from the distinguished judge who presides
 in that circuit, though his abors are arduous.
 and the distance which he is compelled to
 travel long, and the fatigue great. How will
 the lime required to dispose of the business 1 in this circuit compare with that devoted to 1 the same purposes by the learned Judge of
 the Eastern Circuit. which includes the States of Maine, New Hampshire, Massachu-
 setts and Rhode Island. make no invidinus
 comparison Ofthe respective labOrs perform
 ed ny the Judges of these circuits. I d0 it
 merely to ~siuce that no new Judge is want- ed for the three States of Keutmcky. Ten. Dessee and Ohio, that those States have no just cause of complaint, when the extent of their judicial business is compared with that of the States composing the Eastern Cir cult. .t ..s+ TtE -..
 Froma source entitled to full credit, learn that in the Eastern circuit week each term (of which there are two yearly in each State composing the circuit) is the usual time the Court is in session, in Maine. New Hampshire and Rhode Island. In Massachusetts, the terms are from three tO six weeks, fluctuating much with the business. Taking an average, the terms in the four States will consume ic- teen weeks. But it is to be observed that the business in term gives faint idea of the real Iabors off Judge. Almost all the e. quity causes. and many others af difficulty which would interrupt tho trials tn term. are argued in vacation, sometimes orally, often and perhaps usually in writing. so that a very considerable part of every vacation is Occupi- ed in haa H0~:Asva~s