The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-03-07

MONDAY, MARCH 0, ls4s.
HOUSE OF REPRESENTATIVES,
The journal having been read



special election held in the 9th congressional district OF
Pennsylvania supply the vacancy occasoned by the
death of John w Hornbeck, late amember Of the House
of Representatives OF the United States from said district
which laid upon the table
Mr.. BRoDHEAD announced the presence of Mr.
SAMUEL A. BRIDGEs member elect TO fill the vacancy
casioned by the death OF MIR. Hornbeck.
Mr.. BRIDGES having received the oath of Office
which was administered by the SPEAKER, took his
seat.
RESOLUTIONS FROM STATE LEGISLATURES.
The SPEAKER laid before the House memorial and
resolutions of the legislature of Florida, in favor of
mail route from Chattahoochie to Pensacola; in favor of
making provision for the widows and orphans OF those
and in relation to empon rights in Sid State all of
which were appropriately referred, and ordered to be
printed.
RIVER HARBoR IMPROVEMENTS.
Mr. HUNT moved suspension of the rules for the
purpose of enabling him to introduce resolution,
king House bills Nos 1853, 1863, no. and 7o, appropria
ting money for the Improvement of certain rivers and
harbos, the special order for Tuesday, the instant
upon which motion, the yeas and nays demanded
and ordered and, being taken resuted-Yeas 49, nays
So thirds not voting in the affirmative, the rules
were not suspended.
INDIAN VOLUNTEER COMPANY.
Mr.. Bolts presented letter from the Secretary of
company received into the service of the United States
by Col W. S. Harvey; which letter and sterrol were
referred to the Committee on Military Affairs.
THE COMMITTEE OF ESCORT.
On motion of Mr. McCLELLAND, Mr.. STUART, of
Michigan, excused from serving the committee
appointed to escort the remains of Mr. Adams to Massa
The SPEAKER, who appointed Mr. BINGHAM, Of
Michigan.
THE JuDIcrARY-RELIEr TO THE JUDGES OF SUPREME
COURT FROM ATTENDANCE ON THE CIRCUITS
On motion by Mr. J. r. INGERSOLL (he rule being
dispensed with for that pupose the bill supplemental to
the act entitled can act concerning the Supreme Court Of
the United Sates,' approved June II, 1884, was taken
Mr.. lNGERSOLL desired to submit few remarks on
the merits of this bill The bill proposes to relieve the
Supreme Court of the United States from the press of
business there, by enabling the Judges TO give their
divided attention to their appeal docket for two years
and n the meantime to permit psS taeto the Judges OF
circuit court business lie had learned with some SURF
prise. that doubts entertained in some quarters,
whether the district court judges have the power in the
TO discharge the duties of the United States circuit courts
TO settle this question: he would simply refer to the act
Of lsoa now before him. page 1873 OF the I'd volume Of
9TH section Of the act of April Goth of that year Mr..
then read as follows:
Provided That when only Of the judges hereby d
rected 10 hold the circuit courts shall attend such
court may be held by the judge so attending" &c.
Mr. BoWLIN Gnterposing here to ask question, and
NJ H. giving way would like to know what becomes
the circuit courts! And what would become of that
specific class Of appeals from the maritime courts when
Mr. lNGERSOLL replied, that it was not proposed to
abolish the circuit courts So far from that the bill
which the gentleman has before him provides for the
perfect and entire existence of the circuit courts during
the whole time OF the proposed relief TO the judges of the
Supreme Court.
Mr. proceeded further to answer the Undergraduates
OF the gentleman from Missouri and to speak OF the
confidence to be reposed in the ability and industry of the
district judges generally and to speak of particular
United States circuit court for Pennsylvania and to say
that the business of that court better done at
any time and the reports OF said circuit court during that
period had given TO the profession volume of the high
est value.
Mr.. proceeded at length urge the pressing neces:
sy for the relief sought in the BILL by recitng facts and
cases bearing on the question: in voice which was not
Mr. BOWLIN said it had been source of regret to
press this bill its passage without mature deliberaon
and without commitment He too plainly that the
bill to pass; but he would raise his against it,
radical change OF the judicial system The bill pro-
posed radical change of our system and if it passed.
should never Judge of the Supreme Court in the
discharge of circuit duties similar act passed
clamo against it, that it was permitted to go into
operation That was proposition to separate the su-
preme judges from the people, and put at rest for
tve-and-twenty years In 1925 the project revived
and after deliberate consideration and full discussion
both houses for two sessions it was rejected In 1914
the project was again brought up and now it Is proposed
destroy forever the judicial system created by the act
OF 1889 In reply to his objections, it said that the
Judges would not be deprived of an opportunity to per-
urged that the bill would relieve the south and west
But from that quarter there was the greatest num-
Der OF appeals, because there the circuit Judge was
most negectul of his duties. The business of those
districts accumulated rapidly, and there would be an
increasing number of appeals from that quarter. He
had been told that the circuit Judge had not held court
in Alabama and Mississippi for two years There were
few appeals from the north because the circuit judges tried
ions If you intrust these single district judge
you must reduce the amount on which appeals can be
taken or be guilty of gross injustice in order to enable
the Judges OF the Supreme Court to sit here in
comfort. The number of appeals would be increased
four od by reducing the limit from two thousand to five
hundred dollars Other causes and especially want of
confidence in the district court would increase the
Der of appeals The Supreme Court will be engaged in
petty cases. and the in which is held will be
proporionately diminished The jurisdiction of that
court extended to the lawto great principles OF
jurisprudence and Judge in England was not deemed
we'll qualified for his duties unless he held nis prus
courts.
Mr. j. R. INGERSOLL said there was no such thing
known in England two judges sitting in nisi prius
court twas peculiar to this country.
Mr. BOWLIN was aware Of that; but the beautiful
system of English law perfected not by book worms
in their closets, but by judges who mingled with the peo
pie, by presiding at n,si pri,s and Lori Brougham, IN
his mighty speech of 1884, declared that the Judge
unfit to preside who had not been taught by nsi prus
business
The Lord Chief Justice of England presided at nisi
teen Judges of England and the Lord Chief Justice, he
would venture 10 say, did prius business than
the whole OF our court together Judge sitting here in
washington could know nothing of the local system |
prevailing in Louisiana and Missouri He would be |
ignorant oil the most common pecuarities of their