The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-02


Cries OF aNo, no." from several parts of the Senate
an The question Of its adoption There 81 votes
| fol- and % against il. Soft was lost
REPORTS FROM COMMITTEES.
Nv Mr.. WRIGHT, from the Committee on FL
nance House bill making appropriation Tor the c.y'I
and diplomatic expenses of the Government ior the
year lS4l, with amendments.
The amendments having been read
Messrs. Anderson, Tappan, Knight and Hender-
SON seyeray gave notice of amendments which they
intended to propose when the bill came up for cons
deration, which were ordered TO be printed.
By MI. WALL, from the COMMITTEES on the Judi
c;ary bill 10 amend the act entitled An act TO
amend the act approved May IL, 1900 entitled An
ac, 10 amend an act entitled act TO establish the
judicial courts of the United States, without amend
ment.
Mr.. w. urged the consideration at that time; and
after some few remarks from Messrs. Buchanan ana
CLAYTON, it ordered to be engrossed
Nv Mr. HENDERSON, from the Committee on the
Post Office and Post Roads A joint resolution au-
thorxing the Postmaster General to make contracts
for carrying the mail coastWise petWeeh nooe anu
New Orleans.
By Mr.. BUCHANAN, from the Committee on
Foreign Relations: A bill for the relief Of the admir-
nstrator of VIM. A. Slacum.
AMENDMENT OF THE JUDICIAL SYSTEM.
On motion ofMr. SMITH, Of Indiana the Senate
took up as in Committee of the Whole the bill TO re-
organize the judicial circuits ofthe United States.
Mr. s. said his object in moving to take up the bill
was to have il amended to conform the circuits
and the duties Of the Judges TO the state OF the business
OF the country by an equalization OF the business and
duties At the time the bill was introduced and re-
ported to the Senate he had little hopes Of seeing u
become law there were at that time many difil-
cuIiies to encounter in the adjustment Of the matter
the most Of which he conceived were removed by
recent melancholy event-he alluded TO the decease OF
Judge Barbour That distinguished judge having
been removed 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 the Atlantic States and the other three
in the West and Southwest. A most unequal and
unjust imposition Of duties was imposed upon the lat
ter Judges He believed this to be the accepted and
proptous time to do complete justice the subject
He understood that the judges had agreed To an ar
rangement which would give four circuits TO the West
and Southwest, and leave five in the East so that
the West and Southwest would have the services of
an additional judge. This arrangement he believed
to be necessary to due administration Of justice, as
well TO just equalization Of the aborous duties Of
the three Western judges with those rendered by the
judges of the Atlantic He would only premise this
much in anticipation of the amendment which the
Senator from Alabama Mr.. Clay was readyto pro-
pose.
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
Pennsy ulStrict OF new Jersey ana
district Of Delaware, shall form the third circuit; the
district of Maryland and the eastern district of Virgil
MIA shall form the fourth circuit the district of North
Carolina the eastern and western districts Of South
Carolina and the district of Gcorga, shall form the
fifth circuit; the southern district of Alabama and the
eastern district of Louisiana shall form the sixth cir
cult the southern district of mississippi, the eastern
and middle districts of Tennessee, shall form the
eighth circuit and the district Of Arkansas the dis
trct of Missouri and the district of Kentucky shall
form the ninth circuit.
"SEc. 2. And be IL further enacted, That the cir
cult court for the district Of Arkansas shall be holden
on the fourth Monday of April and the fourth Mon
day Of October 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 of the circuit court for the district Of Ar
Kansas and the justice of the Supreme Court
allotted to the eighth circuit to preside at the spring
term of the circuit court for the southern district oil
Mississippi which shall be holden on the second Mon
day in December"
Mr.. CLAYTON moved to amend the amendment,
SO to place Delaware in the 4th instead of the Sd
district.
Mr.. CLAY, of Alabama, said he would cheerfully
adopt such modification.
Mr.. ROANE rose TO protest on his part and that Of
his State against the adoption Of any legislation hay
ing tendency it were, to blot out from the judi
cial system of the United States State which had
held, and justly, elevated position from the
very commencement of the Government.
Mr.. CLAY was sorry to find that the Senator last
up saw any thing in the proposition unfrendy to Vr-
gina; certainly there was n such purpose Mr. z.
then spoke of the present arrangement which allotted
six Of the judges TO the Atlantic, where the duties
little in comparison with those the other side
of the mountains, while there only three given
to the West A sudden unexpected, and deporable
event had occurred which enabled them TO look into the
matter, and make proper division of the duties BY
this arrangement the judges convinced that all
the business could be properly and satisfactorily attend
ed to. If he knew Virginia. she was Indifferent about
office, and anxious alone for the proper discharge of
the high trusts reposed by which equal and exact
tice might be meted TO all.
Mr.. CLAY Of Alabama, spoke in favor Of the
measure observing that, for the last four years. not
session had passed without more less having been
said about the inequality that prevailed. 1t was not
to be questioned that the amount Of business in the
West end Southwest was vastly greater than in the
Atlantic States, and repeated attempts had been made
to obviate the difficulties attendant upon such
of things, and it seemed him that the present ausp
cous moment for equaizng the business ought not to
be passed by. Mr.. G. felt as much respect for the
rights of Virginia any other man, but he did not
conceive in this there was just ground of
complaint. She had one judge for upwards of forty
years. and, indeed, for portion of the time two
Complaint might have come with better grace from
North Carolina, which had not been represented
The question was simply, how were the important
duties to be best discharged
Mr.. HUNTINGTON briefly advocated the bill
All seemed to admit that in the West and Southwest
the Judicial duties had become burdensome and OPP
pressive, and TO delay TO do justice when opportu
nifty offered was tantamount TO denial of it. Was
there any objection the of propety expe-
diencyl 1t seemed to him there none-then
would it not be better to do what the general good
seemed TO require There nothing peculiar in
Virginia which gave her claims beyond those of any
other State-she had the Chief Justice and Asso-
cate Judge part Of the time for the last forty years
Mr.. KING said il must be evident to ALL if the bill
to pass this body, it must be without prolonged
discussion If it did not go to the other branch to-
day, il could not be acted without suspension Of
the rule. For his part, he conceived the bill not
only right and proper in ITSELF but loudly called for
from the exgencies of the He should give it