Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-06
CoNGREss.--2a SESSION.
DEBATE IN THE SENATE,
Suburban, february 81, 1871.
AMENpMENT OF ME JUDICIAL SYSTEM.

Saturday, february q, 1871.
AMENDMENT or THE JUDICIAL SYSTEM.
On motion Of Mr.. SMITH, Of Indiana, the Senate
took up, as in Committee of the Whole the bill to
organize the Judicial Circuits Of the United States
MIR. s. sud his object in moving TO take up the bill
was 10 have it amended as TO conform the circuits
and the duties OF the judges to the state OF the bust
ness OF the country, by equalization OF the business
ana duties. At The time the bill was introduced and
reported to The Senate, he had little hopes OF seeing II
become law, there were at that time many Difficult
ties TO encounter i'll the adjustment of the matter the
most oil which he conceived removed by recent
melancholy eventhe alluded 10 the Geccase of Judge
barbour. That distinguished Judge having been re-
moved by Providence, the way was now clear
TO do that which would long since have been done,
but for the locality of the judges. As the circuits
were now arranged, SIX judges were located east
Of the mountains in the Atlantic States and the other
three in the West and Southwest. A most unequal
and unjust imposition of duties was imposed upon the
latter Judges lie believed this TO be the accepted and
propitlous time TO do complete justice the subject
lie understood that the Judges had agreed 10 ar
rangcnent which would give four circuits the Yves,
aud Southwest, and leave five i'll the East that tl.
West and Southwest would have the services OF an
additional Judge. THIS arrangement he believed 10 lie
necessary 10 a due administration Of justice, well
Just equalization Of the laborious duties Of The
three Western Judges, with those rendered BY the
judges Of the Atlantic. lie would only premise tins
much in anticipation Of the amendment which the Sc
Mr.. CLAY Of Alabama then offered the following
amendment, explaining the reasons which induced him
to offer it:
"That hereafter the eastern and western districts Of
Pennsylvania and the district of New Jersey, ard the
district Of Delaware shall form the third circuit; the
district Of Maryland and the eastern district Of Nlr
uina shall form the fourth circuit, the district Of North
Carolina and the district Of Georgia shall form the fifth
circuit the southern district of Alabama, and the east
ern district Of Louisiana shall form the sixth circuit:
the southern d,s.ic Of Mississippi, the eastern and
middle districts ofTennesscc shall form the eighth cir
cu and the district Of Arkansas, the district Of Mis-
souri, anI the district Of Kentucky shall form the ninth
circuit.
SIC > ind DC it further cnar,rd, That the Circuit
Court for the district Of Arkansas, shall be holden
he 4th Monday in April, and the llh Monday in DC.
tober in each and every year; and it shall be the duty
of the Associate Justice Of the Supreme Court allotted
the ninth circuit, to preside at the Spring term Of
the Circuit Court for the district Of Arkansas; and the
Associate Justice Of the Supreme Court allotted 10 the
eighth circuit to preside al the Spring term Of the Cir
cut Court, for the Southern district Of Mississippi
which shall be holden On the second Monday in De.
ccE.bcr.
Mr.. ROANE said, lie could not reconcile il 10 him.
self to permit lhls question be TAKEN without offer
ing Il word two the subject. 1t he understood
urght the amendment just offered and read To the Sc
nate its object and effect Is to ABOLISH 10 oberate from
existence the ancient judicial circuit composed Of
was lie taken more by surprise than now Without
the time and the means OF giving due consideration 10
the reasons We have Just heard favor of this mca.
sure, and without the possibility Of any express know
ledge Of the wishes Of these two long associated old
States regard 10 this proposed severance, but yield
To the impulse Of the moment III rising in my place,
and entering my solemn and earnest protest against
Tie proceeding protest against IL Sir, because at this
last hurried moment Of an expiring session of Con-
yrcss it IS impossible such change as this can be
made with that dcbcratlon which a due regard to the
wants and interests Of all the parts o the Union
Quires at our hands. protest against IT, Sir, because
If general change is required to equalizc the la
bors Of all the Judges cannot why this particular
circuit is TO be made the point ct Departure and there
by cut in twain, merged INTO two other circuits, ard
thus bottcd out from her old position on the Judicial
map Of the Union.
Mr. President, these are two of tho old Atlantic
States Of the good I" old Thirteen" They embrace
long extent Of Seaboard and from their local position
and long standing Judicial connection, are certainly
entitled To considerations The reasons assigned for
this measure are, first the long travel Of Of The
Judges OF the West and South West 10 tlsir Courts
and second, the heavy dockets they find in them. Tic
first caused BY the extensive territory and sparse po
puiation Of those States and must Ec obviatrd rs
the strong stream Of imm grafton which is rapidly fill
ing up wilderness. And as regards the second
son. if there * nowbut little business i'll the circuit pro-
posed to be abolished very thankful for it, midi
Gates things: that citizens are free from debt
and that country IS at peace with foreign nations.
If there be, is alleged unusual crowd of bust
this time in the courts ofthc Western and South
western States man deplore than do the state
Of Indebtedness which il indicates. But that state Of
things cannot always be. The derangcd state ofthe
rency and the rage for speculation and wealth, which
has caused this heavy Of litigation in these courts
cannot always be- nor can peace always exist ANA II
should bc borne End that time II war, when some
Of those courts would feel consequent accession Of hu
M, hi
local POSITION necessarily have thrown INTO lis courts
maritime and Admiralty business But, Sir, 1T is not to the
guantun Of curt business TO which look in this
matter for that cannot be kept equaZed amongst the
circuits, except BY legislation too frequent for the
necessary permanency Of any system II is 10 the To-
cal position of this circuit-it IS To the section ct the
Union in which il stands is to the position It has 81
ono and so honoraby occupied on the judicial map OF
the country that | look And, SIR, II IS the causes
which come before the Supreme Court, no matter
where originating, involving her dcarest constitutional
rights, that add 10 my feeling this subject. But,
Mr.. President if new arrangement Of the Judicial
circuits is necessary to equlizc the labors OF the
Judges why not let ask, add 10 this old circuit her
sister South Carolina, or her hclorcd daughter Ken
iuckv or Ter respected ncighbor Tennessee and thus
obyatr The evil complained Of and At The same time
preserve this old circuit; and lis homogeneous carlc-
ter | am certain, Sir, that there IS no reasonable
expansion of this circuit winch the public veal may
demand to which il would not chrertuliy yield But
Sir whilst il is al this moment submitting, IN mournu
resignation To the late heavy dIspensa,lon OF Prov-
lcncc, which has suddenly deprived i and The country
Of an eminent iurs, and Judge, do hope that this
BODY viii paus, before 1t ayas itself o! that disPehsa
ton as reason Tor striking from existence circuit al
mos. coeval with Judicial system, and which, I"
say the least has yet impaired lis strength or DIS
turbed lis symmetry. have thought these hasiy re-
marks due my position here the present OCCASION
and however, they may lie received, and whatever
NAV lie the fate Of tie proposed measure, feel that IN
making them have done my duty.
MIR CLAY Of Alabama said, for the las, few years
there had been less said about the inequality OF
the duties of the members of The Supreme Court, and
in 1877 as would be rccollectcd he submitted resn
luton calling upon the Secretary Of State TO furnish
information respecting the number OF SUITS tired, ana
the number of miles travelled By each Judge, with
view equalization Of the labors Of the Judges
The return Of the Secretary was then IN his hand and
II showed that the West and the Southwest furnished
much tie greatest part If the business Of The Union
but there had been difficult i'll the WY Of any altera
ton Of the different circuits and the proposition mace
fer that purpose was voted down But lite neiah'
c!oiy and dcplnrab!c which had occurred ,'he
death Of Judge Ba.bonr,j had obviated tiie i,cueS