Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-06
MIR. RoANE, who called for the ayes and noes on

n.
change would occasion any conflict in the times oil
holding the courts.
Mr.. CLAY, of Alabama said no conflict could
arise as the Judges had the arrangement and regua-
ton of their circuits and as IN this measure The
Judges had concurred.
Mr. BENTON opposed to the amendment, and
he would state of his Some years ago,
when the Judicial circuits were increased, he showed
his anxiety to have equalization of the circuits for
the West that desire had increased, and continued 10
increase and could not be prevented increasing by any
action this BILL They had Two Territories IN the
Northwest almost ready to be admitted into the Union;
they might expect to hear Their at the door oil the
Senate Chamber very soon, demanding admission; the
South too had Territory almost ready tor admission
into the Union; and If there was to be any change now
he should desire to two new circuits ior the west
He in favor of the number q" Judges N the
Union; be wished many as there were IN Great
Britain He desired to see at least many Judges to
take copnizance over 800 miles square, to take
nizance over the laws and the Constitution of the
United States and the laws and the Constitutions of
the several States as there were in England 10 take
cornzancs a territory in extent not more than
equal to one of large States. He was in favor Of
seeing twelve Judges of the Supreme Court Bot the
condition of the dock-ts he looked upoa accidental
and the quantun OF business he of"pinion should
not be taken exclusively the rule tn govern them.
He looked upon the circuit Jud ,esfor all were circuit
Judges--in two-fold character; they bud power To
act Judges Of their circuits, consisting ct one two
or three States and Judges here OF the whole Union;
and therefore he should be opposed 10 sinking Virginia
and n Carolina from the judicial map of the country.
He was in favor Of the different sections of the Union
being represented on the bench OF the Supreme Court
for The highest function the duties they were
called upon to discharge here: they had 10 pass
Judgment on the laws of the Union, and of the
States of the Union and whatever was their decision,
no who the parties-and one case was now
deppndny-the case Of the Africans-of great interest
to this Countrywide decision became binding and obi
gatory all over the Union And by whom were these
decided Not by the district Judges, but by all
the Judges Of the Union, al the metropolis the Union;
and he willing strike Virginia out of the ju
dical map OF The country. He now spoke as citzrn
Of the Union interested in the construction of the Con-
sttuon fhe Union, of the laws of Congress, and Of
the State laws, the whole of which before the
judges Of the Supreme Court he felt desrous that 10
determine these weghty matters, there should be an
ample number, and that they should BE- brought from
every great section Of the country Could they dismiss
such States North Carolina and great they
were in extent and Revolutionary in their character and
belonging they did TO the org ina thirteen? Could
they have the different sections of the Union repre-
scented on the bench Of the Supreme Court when two
such States struck from the map. And if it were
done, how long did they think it would last ? tie
would answer the que slion hImsef-!ron the 4th %!
March to the 18th Of May which he understood was
the day fixed upon for the meeting of the extra
sion. He opposed then to this amendment, on
important grounds, leaving entirely out of view the
auantum of business the judges might at time or
another perform. The West needs more crcuits-the
bench Of the Supreme Court needs twelve judges, and
so far his judgment went they ought not tn be put
off with nine. He should therefore join the Senator
from Virginia, [Mr. Roane,] who had spoken against
the proposition, We stern man rs he was.
MIR. BUCHANAN said As he intended TO vote in
favor OF this amendment, proposed by his friend from
Alabama (Nlr. Cay,) he should briefly state the
sons which had brought his mind to this conclusion
So far from intending any hostility to the "Old Dom
non he felt great pleasure in declaring that she had
always Justly enjoyed very high and elevated cha
rac,er in the confderacy, and thu, character, in his
estimation had stood higher than at the present
moment He would much rather add to her laures
than pluck single feather from her proud plume.
HIS support fthr present amendment must not there
fore, be construed into hostility to Virginia. lie had
never in his life, felt more strongly convinced of the
peoprety of any vote which he intended to give,
than upon the present occasion The question was
within a very narrow compass. II was simply this
Shall we prolong the existence of judicial circuit east
of the mountains which s not at all required to trans
act the judicial business of the country; shall abo
lsh it, and in its stead establish new circuit in the
Southwestern portion the Union, where it is much
wanted that is physically impossible for the cir
cult Judge there to transact one halt the business or
even personally 10 attend all the courts appointed by
law to be held This most certainly the true state
of the case and under such circumstances he did not
believe that the people Of Virginia, merely for the sake
of obtaining the appointment OF an unnecessary Judge,
would deprive their fellow citizens of the Southwestern
States OF court which absolutely indispensable TO
their best interests
The present number of Judges on the bench of the
Supreme Court already greater Than he could have
desired Nine too large number if it could have
been avoided He wonld not go into the genera ques-
ton at the present moment, but he believed he for
tilted in this opinion by all experiences. 1t might be-
come absolutely necessary to increase this number !;
and in that event. but in other, should he
give his consent 10 it. The question, then, with
him, would be, did the transaction Of the necessary
business of the Courts absolutely require increase
Of the number OF the judicial circuits If it did, he
might then feel himself constrained to add 10 the
hor fha indn fplu No nara ito nj
present existed, nor would it, Re believed, for many
years come, the present dnent should pre-
vail. The fifteen States east Of the Allegheny Mountains
had now six ofthe nine Judges wh,s, the eeven West
ern and Southwestern States had only three. The bu
the three Southern Atlantic circuits noto
riously inadequate for the employment of the judges
Maryland Delaware constituted the present circuit
OF the Chef Justice; and he had expressed his entire
willingness To hold the circuit courts in Virginia.
should this be required by Congress. He would ex
perence difficulty whatever in transacting the
Circuit business Of these three Slaes; and
with this addition, great portion of his time would
be unemployed. The same might be said Of Judge
Wayne, whose present circuit consisted Of South
Carolina and Georsia. He willing to hold the
Circuit Courts in North Carolina and could do it
without Inconvenience. Indeed, there was compn-
rutiyely but very little circuit court business in any Of
the Atlantic States South of Maryland. The Judges
of The Supreme Court themselves convinced Of
the propriry Of aboshng the Virginia and North
Carolina Circuit, and giving the new Judge TO the
Vest and, IN contemplation "i TINS change they had
made The arrangement proposed by the present amend
ment, w,o would enable nine judges conveniently 10
transac, all the judicial business of the country.
What utility, then, there in continuing the Vir
ginia circuit? The public interest did not demand it
the public good did no, require it. Nothing could be
said in its favor, unless i, might be the question which
had been asked by his friend from Virginia, MR.
Roane Would you blot out of existence the ancient
circuit Of Virginia and North Carolna' answer, yes
il time and experience had shown ills existence 10 be
unnecessary, and prejudca to the public welfare
BY preventing another portion OF the Union from OBJ
tanning Judge, where such Judge imperatvely
required 1t ought not surely 10 wound the feelings Of
the people of the Old Dominion, To he united Mary
land and Delaware for judicial purposes, when such
union was necessary TO promote The public welfare
This was not question OF pride bnt of principle. He
might say the same Of North Carolina.
hI,saa he rainhi nrahaLl,