Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-04
TIE FOIRTU JTpICTAL CIRCUIT.

A bill is It's progress Congress to SINK the
fourth judicial circuit, and to create in the
West The proposition, of course, recommends Itself
strongly 10 the members from the West but does not
command universal support. Mr. Benton, Mr Alien,
and Mr. Tappan opposed 1t in the Senate; and while
wishing for additional circuits in the West, were OPP
posed 10 taking in the way proposed by tins bill
The circuit 10 be sunk IS composed OF Virginia and ~
Carolina the former Of which to be added 10 Mary
land and Delaware, and the latter 10 5 Carolina and
Georgia. Among the arguments used by MIR Benton
was one drawn from the nature of the Supreme Court
and lis power in deciding upon all questions under
the Constitution of the w. S. and the laws Of Congress-
and on the State laws and the State Constitutions
far rs the latter supposed to conflict with the "
States Coz siullon or the laws Of Congress made in
pursuance of it,. On account OF tins vast power ~
that Court he looked al the circuit Judges and the ne
cessity for them sufficient numbers, more import
ant in their character of judges Of the Supreme Court
OF the IT, S than III their character oil circuit Judges
holding courts the States. lie was FOR a numerous
and strong bench. lie was for twelve judges, ana
expected to them there. lie was for retaining the
six in the Atlantic States and increasing the West 20
the same, which would be done the Terrific
RES became States. Ii the Virginia and North Caro-
lima Circuit sunk nnw, he undertook to say that
il would soon be resusciated, and the number oludges
the supreme bench increased 10 twelve In this, he
spoke as Mr.. Clay Of Kentucky did some years ago
In 1885, Mr.. Clay in favor Of twelve Judges and
thus spoke in favor of that number:
Gle had no objection 10 increasing the number OF
Judges lie would 90 far rs twelve. The Supreme
Court of the L. s. ordinary court 1t was a
hich political tribunal 10 interpret the Constitution az
well as the civil law There was trust committed Ia
it too high for any earthly tribunal lie would not
trust il there If there any where else to put IT, 1t
exercises power over the Constitution transce ndcnt
10 all other departments of the Government; Jurs-
diction higher than any court in England-eher the
Court Of Cassaon the House of Lords. If tunc-
tons were confined TO civil cases, small number would
facilitate the business But, lis higher jurisdiction III
expoundng the Constitutions he had no objections 10
larger number.
II is probable that the opinion will be general, IN a
short ,ime that Supreme Court ought to CONSIST OF
at least twelve Judges. At present great questions
might be settled by three Judges. Tins, the whole
number is nine of these, five are quorum and OF
this quorum, three majority.
The present proposition 10 sink the fourth Judicial
Circuit recalls the recollection Of the attempt made
some years ago 10 sink The third In the month OF
February, 1885, Mr. FRELIScnrysES, Chairman of The
Judiciary Committee iii the Senate, brought IN bill
sink the third judicial circuit, consisting OF Maryland
and Delaware, and creating new circuit IN the West
| (Mr. TASEY Mrn nomihGttd TO ms MTd tarcnd)
The bill proposed to add Delaware TO Pennsylvania and
MARYLAND 10 Virginia. II resisted by The Desnocra
cy generally, until upon the arguments OF Western
members they put in Judges Tor the West and then
it was dropped altogether Mr.. Benton treated the bill
as mere attempt to get of Mr.. fancy lie SAL there
were many ways TO drown man besides throwing HIN
overheard. The boat might he sunk under nm, NC.
II is understood that there is nomination pending
no for a Judge of the fourth circuit which of course
will dro p, If the circuit is abollshed.-Gfobc