Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-06

how the public interests could be best taken Of
and best despatched The arrangement now proposed
vas to add Virginia 20 the circuit III winch the Chief
Justice resided, and to add North Carolina to the circuit
in which Judge Wayne resided. And what was the oh
lection, unless it that State should always have
Judge: This no valid objection. If any claim cx-
stcd, ii that Of " Carolina But the present Judge
of the circuit to which North Carolina was now propo-
Sod to be added fully 9"tcn, to the performance
OF the additional duties that would dcyo!ve upon him;
and when he should resIgn or his Scat should be
Gated i'll any other way, North Carolina would then be
entitled TO consideration. But there objection
and he hoped they would not pass the suspicious
moment which then presented itself to equszc the
duties of these Judges He then referred to the report
his table, to which lie before referred 10 show that
there should be modification OF the circuits
The honorable Senator read largely from the returns
OF judicial business the circuits by which i. ap
peared that the business of TIE other circuits was very
uncomfortable, as compared with these Of the South
ern aud Southwestern circuits, and he invited the
attention of the Senate 10 the state of the business, that
they might see how npracticabe It was that tn,
Judges Of those circuits should 10 Justice = themselves
and to Tie country. The amount .. business to
great to be despatched by the judges 10 whom 1t
assigned and should they then BY reference 10 any
supposed claim oi any particular State or individual,
and In disregard Of those who nearly interested,
refuse l. equalize thu amount Of labor winch he judges
should bear lie trusted they woui not and he hoped
they would put the court on footing, IN special re-
ference to tls public interest, against all other inter
ests and considerations whatever. Virginia had
claim which should operate 10 the rejection Of this pro.
position. lie had :ald that she had had Judge Tor
the last forty years. Int he had not stated the whole
truth, for she had not only lad the Chief Justice, but
one Of the Associate Judges also. lie not dis
posed do injustice one; and lie was satisfied
no injustice would be done by the adoption of his mca
sure. II arrangement winch met the approha-
ton Of all the judges on the bench, and HI OF opt
should receive the acGuIescence Of The senate
he hoped The Senate would adopt the amendment he
had proposed.
Mr.. CLAYTON suggested notification ot III
amendment by winch Delaware would be inelnded III
the fourth district; which accepted by Nr. Clay
Mr.. HUNTINGTON supported the proposed change
in the arrangement Of the crcni's conducive t. Tie
public interests, and commended that every other State
had as good a right Virginia to Judge 10 reside
within their limits.
Mr. KING rose 10 say, that if the Senate should de
bate tins b they might well lay It on the table
tor unless il was sent the other branch Of Con.
grcSs to-day, it could not be sent al all without
pension Of the rules, IN which the other House must
lie (Air King was in favor Of the ball, and
ne cntrea;cd gentlemen who might Likewise be iayora-
bic u the measure, not to consume The time with =
heightened debate, for they might as well vote II down
once.
Mr.. MANGUM said in n short time the West would
require judicial AID, and he supported this proPo
sition because lie unwilling 10 see the bench Of
OF the Supreme Court increased III number. In tncs
Of peace, the business of the Court, IN his own State,
war; the business would be increased, but, when Il be-
came necessars it would be easy TO detail more force
TO that part Of the country But in order 10 keep down
the number Of Judges in the Supreme Court II became
necessary 10 rearrange the citcuitS
Mr. ROANE. Ii is SAID by the friends Of this bill
that pass for want OF Time, If Il is 10 be dcbaet
SIR, assure those gentlemen that ! would not defeat
the most obnoxious measure by mere debate Tor that
purpose only lie had but discharged what he felt 10 -
his duty rising the first instance and promptly en-
tcrng his protest Of the Representatives OF |r
gna, against this sudden and unexpected attempt put
that old Commonwealth out of that position IN our judi
cal system which she had honorably maintained
from It's foundation. And, SIR, should not have risen
again. but for remarks which have fallen from two o:
three Senators. In reference 10 that of the Senate:
from Kentucky, MIR. Clay that he hoped and believed
that Virginia in any desire she might feel 10 remain III
her judicial position, would not be actuatcd 10y any
consideration Of Office he lad cordially 10 thank me
Senator for the Justice he does his native State IN tins
re.rrct No man knows better than does that honcr2
bic Senator that Virginia has been l,ilr acua,cd
by low considerations of Office any other State ~
the Union and been al all times prompt ana refGy
any Of them TO sacrifice all selfish CONSIDERATIONS
the altar of the public good; and tor myself, -
icmnly declare that consideration Of the KIND moves
me in the have taken on tins Sudden cmef'
rency NV heart tells me that If was North Caro-
nian my feeling and conduct would be the same that
now manifest
The Senator from Alabama Mr.. ClaylI has adycrtri
Virginia has had the Judge Of that circuit for crnn-
Gus period Of than forty years, and also that on
judgeS oi the Supreme Court were r.
siding within her limits at the same timc. True, sir,
for than forty years the Judge of that circuit has
resided the State Of Virginia, but let II b. borne III
mind that during that entire period there were hn tao
Judges. Had there been during that long time many
res appointed and all Of them taken ironi Nlfs'
MA, do not know that, IN such case, complains
Of tie fact could be properly urged except from her
SnrIn Ip
tinouslcd late Chief Justice OF the United State,
who all admit 10 have been OF the brightest or
nancnts 10 the bench and the country, WIS resi-
dent Judge of Virginia for than thirty-tive OF the
forty wears HIS distinguished successor whose sud
den death mourning, resided IN virginia
during the balance of that period and never have ]
heard, do believe there existed murmur OF
complaint in North Carolina or elsewhere, that the"
two eminent judges happened 10 BE- natives ana rrs.-
dents Of Virginia. 1t IS also true, the Senator 81
lpgcs that two Judges of the Supreme Court did reside
1t the time III Virginia. Yes, SIR, JIdse wash
ton, who presided III the circuit Immediately north
OF US resided on the northern margin Of Virginia but
Sir, he thus most conveniently situated % attend
10 the duties Of The circuit assigned 10 HIM, ana he dd
attend 10 them faithfully aud ! am perfectly certain
that no human being would have torn hun from me
vencracd shades Of Mount ICrnoa which he had inhe-
ritcd from his immortal relative and nani.sakc merely
that he should reside within the errtora! limits u ms
judicial clrcnt.
But Sir am asked Nv the Senator from Connect
cut Mr. lunn.ton) II IL be possible that any conSi-
icrliion Of Office could operate IN the aversion 10 IL"
proposed change. The gentle and no!iens've mann:
which the inquiry made, induces me, Tar ~ an
concerned to most frankly and sincerely, no.
viii no, rctort the question, whether with that = ~
tor consideration Of office connected Will. tbs su"-
iect weighs with HIM any o! ms Trends IN ihs sd
den and hurried attempt to strike Nr4nia rom h'f
old and natural position. If vas 10 ask Il, hope
should receive the pronp, and frank answer II
the negative.
Mr. President, il only remains for me to say, that Il
THIS anne ndment is adopted, as believe It VIII be- NF.
gina Will part with great reluctance rom hef %" ana
lam, associated sister North Carolina, between whom
and her there IS peculiar identity of interests, la
b,,s manners, end feeling, growing out OF their com
n n birth and kind netghborshp. ! also say that sho
w, be ready 10 extend the fia,ernal embrace IL hcr
h,rhv respected Northern neighbor, Maryland, the
fullest confidence tina, they Will get along NEST haro
n;ousy together, and enjoy ab!e and impartial a.
mnistraon Of llw and justice. But ,lr President,
wilton. any the sg!tes: d.srespect whatever Mar
land or any other State for love them all, cauno,