Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-19

.,ron,ec3 hat Georgia and AlabanIa should be '''e
.i:h c;rcuit;hus giving to Judge wayne, Aaoa'i."
+, The ,loce of Soa,h Carolina. The 9Th cIrcu. he
,-onospd should be ONO, Indiana, Illinois, and MIS-
,,r; The House would observe that Missouri was
L,o :, tho place of Michigan: aud he vas snre tins
rranreu,rnt wouin meet the appreciation u the luag'
Tho sh d,s;rc; IL proposed Should consist " he"
ncLv Eastern and estcrn Tennessee, and AtKaisas
~ Kansas would be adLe d 10 The 9th circuit ana
uss,.,r, taken from it. The only remaining district,
,,r ,vouid be the 0th winch he proposed should De
.ocnosed of Louisiana and Miselssipri-takhg from
no iodr. Alabama and Arkansas, and leaving TO MN
Init Two States TO the proposition which he had mus
n,da he had heard no objection; and he nov sueti'e q
!, 70 The con sideroton vi the House II must be oo'
,ons IN all that this arrangement would lessen The
l,s NJ H.. Sth circuit, by distributing them among
The other Judges; and he was not aware 'hat he c0uo
,,,,oea any change IN SHAPE more desirable
H. paENARD said the object of this bill was very
;n,I. whereas the object o. The amendment OF the
Gentleman from Virginia DIR Jones was complicated
~ o.siy had arisen Tor some partial re orsaniza'
nn r The circuits Of the U. s., IN consequence oil lie
e, ;.c-ease of the business III the extreme Southern
oos, district of the Union, where 1t had been iound
s.;h, that the Judge assigned I? that judica! cir.
cn;, cnuid petform duties. 1t was physically npos.
be that tie duties of that district could be performed
bv onv one indre There had been failure o lnstce,
80 :, bcc,ne The Congress cf the u. S. to appya re-
nd rbis bill had been proposed for the purpose OF
-anedrinr that evil In order to do that, without an
increase Of the number OF judges oil The u oiaies'
(which woud itself be evil but scarcely less than the
.r;s,nr evils0 the remedy that absolutely neres
sarv was 10 some extent reorganization oil lhe CIR
mite which ,hs bill proposed 10 do In order 10 &C.
comnl;.h this. it was necessary to begin little 10
the Norh-even far the 1th circuit, the Judge o;
which 1.-THE Chief Justce) had only the States oil Dela
ware and MARYLAND and was the lghes circuit IN the
United States 1t proposed, without injustice TO
tho ndre c whom that circuit might be assigned under
the provisions OF tins BILL TO add 10 1t the State OF VI'
rnia and certainly there could he no objection TO 'na
as pubc measure. II was certain Inc Nhiei 'usuee
did no,olect nor would he he retained thai clrcu
Taking Virginia away, then, tom the ON circuit, y
wsud leave only North Carolina to that circuit; ana
rho question arose what was tn be done with II: The
gentleman from Virginia said the circuit was abolish
I'd; but surely the gentleman did not mean tiat any
oortioa of the IT, S-ceriany not ;hat portion oil Tie
,;h c;rcut-was left out of the judicial system NO
hut il was proposed TO make the 9th circuit TO CONSIST
Of two States different from those Of which 1t iormery
consisted and certainly, as measure OF lhstce' II.
one ought TO object TO that The remaining Slate OF
the 5h circuit, as formerly constituted, was, ny TINS
BILL be added to the o. c,rcuIt-adoing thefeny DC
improper burden TO the Judge 10 whom II was assigned
These we're the alterations proposed to be nude BY tins
biz; they were exceedingly simple and they accom-
pled the object in view, which was 10 eHtena Tue ~
dcia system 10 every part OF the mon ne o'li a's'
proposed that the Judges should adopt amongst them
selves The new circuits at their next sitting wEoH
the 9TH circuit should fall was 10 be decided by them
selves Undoubtedly it would be contested between
the Judge who resided IN IT. and the lucge OF Inc
9Th circuit. The House well knew that The judge las
appointed resided in the State OF Virginia, and 1t mgh
Le necessary TO move him TO Alabama or LOUISIANA
and was this considered any hardship on any particular
irdpe or ought they to legsaie for the convenience
of any particular Judge, when the judicial system was
being extended TO all the people OF the u > lie
(alf apprehended If were not TO consult the con
venience of this Judge, now residing IN Virginia. they
would never have heard oi this amendment aud com
plant.
lie appealed to the House TO say whether an amend
men; which would incur much Inconvenience ant
inius,ice should be adopted
| Mr. J. " JONES SAID lie would ask the gentleman
from Kew York MIR. Barnardl to show how anybcd,
would be injured or any circuits inconvenicnty ar
RANGED. by the amendment he had offered. II there
was hardship anywhere, he wished the gentleman Il
show how /, operated
! Mr. BARNARD objected 10 the question IL "a
an ,muroper mode Of proceeding. In turn, he wonlt
snhm It TO the gentleman from Virginia, whether The
object of his amendment not TO promote the per
sona con venence of the respected Judge OF the tf
circuit who now resided in Virginia: Would these
dmcnls have ever been introduced, but for th'
fact That ii!s ball would make it necessary Tor tia
iudre either 10 change his residence or resign MS sta
non:
MIR ]. ". JONES said that, apart from that con
sderaon, as Representative from Virginia re shouit
have fell his duty to have oil. red IT. II the gentle
man would call 10 mind what he said, he would fine
ha he declared that the first object To be sought after
~ passing judiciary bill, 10 extend tie benefits
our s,em TO all parts Of the secondly, TO dis
tribute the duties TO be performed equally among those
called on to perform ihem--and, thirdly, Che last ant
ls,s, considerations to accommodate much prac
,icable. tie convenience Of the judges He though
all these objects would be accomplished by his amend
rnen,s He would again ask the gentleman if they
would do harm to anybody; Show hun case u
which the bill, # amcnd-d as he had proposed, woult
operate nconvenienly or un)usliy, and lie would sa
| tisfy the gentleman TO the contrary
Mr.. BARNARD said he might ask the gentleman
from Virginia if The arrangement proposed in the bil
would do injury any portion of the people OF the
States? Would not tins bill meet the objects for which
the judiciary established? And if so, why did TIT
gentleman from Virginia come here with his amend
ments: Did any complaint exist in any other circuit
except those proposed 10 be remodeled: lie (Alr. Is
was opposed TO The amendments. He was opposed Il
sending the bill again 10 the committee alter u had peel
examned-aer it had passed The Senate and that, too
at this late period OF the session. In order 10 bring h
House to direct vote upon he bill, he would do wa
the House would bear HIM witness he was not accus
toned 10 DO and that was, TO move the previous cues
ZION.
Tie House sustained the call for tie previous CUES
,on and the main question having been ordered 10 be
Mr. ]. w. JONES asked for the yeas and nays OF
the massage of the bill; which taken, and resue:
yeas ll5, nays GS, US follows:
s--,,c.ss Alien. Sherlock j. Andrews APPLETON Arnold
eye ar ioata, Iordn Bots, Briggs Milton Brown, Jere
t'gmrbrl Thomas j. Campbell. tarulers Casey, Chapman
Chds Chcuden John {. Clark James Cooper Cowen Grams
ton Cravrus, Cross Davis Jno. Edwards fcssenden FIN
more A. H. Foster Camille, Gentry Giddne Cosgin Pa,ric
oode, Graham, Granger, Green Gwn lIaLer-la Hal i!ai
Incersoll, William W Irwin, James, William Cost Julnon Joh
Kerned kus lane n MeHes Mc. na Mo1n, a M,
MS Morrow O~ornc Owslcy P,arce Pend'e". Pope, Profit
".r Eiasway H"n"y, Wiam Russell James NJ Russell Sal;
os,a, sanford, samnics Shields irnnn smith Sa"iy STRAIT