The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-04-04

1
tn. Organization Of the Federal Judiciary in this
State has long been subject Of complaint with the
snembsfso II the Bar and the people and we observe
reesnsly IL Texas il is made in like manner The
ground Of emphatic animadyersBon. We feel il q
B. due 70 he highly respectable District Judge Of
this part Of hOuisiana stats that 70 share Of the
popular censure reaches him, nor does il properly
at#ch to the Circuit Judge Of this Circuit farther
tan circumstances that he cannot control forces II
upon our attention The age, infirm health and Pc
culiar habits Of thinking that belong to Judge
Mckinley, shield him from any other reproach than
sincere expression Of ourregret that more vgor-
orous and sfiicient member Of the Bench was not
assigned to this important Circuit
Nomsn Of intelligence can reflect upon the extent
and magnitude OF the business in this Circuit, with
out perceiving how entirely inadequate the present
Federal judiciary is to answer the manifest wants
Of the public The business pending in the Circuit
Court at New Orleans is Of large amount, and en-
bracing numerous cases. in which citizens of nearly
all the StAtes in the Union are Interested. For sew
eral years these cases have either been generally
continued, or tried before the District Judge. In
this manner the usefulness Of the Circuit Court has
been altogether destroyed The arrangement in
the adjoining States is such that the inconvenience
can only be remedied by creating new Circuit
aud appointing an additional Judge Of the Supreme
Court Of the United States.
1t would be unreasonable to expect that this pro-
vision should be confined to Louisiana alone, espe-
cally when tits recollected that the State OtTexas
in the same destitute condition. We are assured that
in the Federal Court at Galveston, very large
amount Of business is pending, indeed so immensely
w.
told upon good authority, that there insti-
tuted, or about to be, involving the titles to some
millions Of acres Of valuable land besides others,
touching the ownership Of some thousands of slaves
We know, of course, that most of the questions
arising under the late treaty with Mexico must
arise and be determined in that State, and that the
questions the real and personal property Of
vast region the Southwestern frontier. In these
questions, also some of the citizens of most Of
sister States, of Mexico, and of several European
Governments, are deeply interested. These ques-
tons relate the law Of Nations the laws Of Spain,
of Mexico, the common law, of England and the
statutes of Texas and Of the National Government.
They are intricate and complex, in most extraor-
binary degree, and may well tar the highest efforts
Of the human mind. They may be regarded as
analogous in several respects, to the questions that
arose at an early day, and are now occasionally
arising in this State. There is no other section Of
the Union where such varied learning, such COM
prehensve judgement and such knowledge Of Ma
tional pecuarities is required to fita judge, for
even tolsrable performance of his duties. Men,
who under ordinary circumstances, might pass
well enough as Judges sink into pitiable imbecihty
under the magnitude and weight of these great
cases; they wriggle and shuttle, when they should
stand erect and steadfast, and mistfy what is be-
yond their feeble comprehension by misquoted au-
thOrities, vague generalities, in which they
clothe themselves as "with garment" 1t is diff
cult to guard against the selection Of such Judges
or to get rid Of them when appointed. No sub
stantial alternative is left, but to provide appeals
from their judgements, to tribunals of a somewha
more trustworthy character. These appeals SHOULD
be from the District the Circuit Courts, and from
the latter to the Supreme Court at Washington
If redress is denied to man, in all these tribunals
he should sit down, satisfied that he has had, q
least, fair chance for justice. In this world We
can expect but little more at the hands Of oul
fellow-men
A new circuit should be created for Louisiana
and Texas, and Judge appointed to preside in it.
Of character not unworthy of his high vocation
He should be good Spanish scholar, well versed
In the law Of nations--the civil, law--the common
law-the laws and theory of our Government, and
should be- above all. man of solid, enlarged and
independent mind. He should be above the little
prejudices that render the slaves or antagonists
Of particular systems, and beyond the reach of all
Influences in or out of court, that might not have
touched the ermine of Washington or Marshall
Such Judge would be a public blessing. His
judgement would quiet litigation, and silence the
voice Of complaint in these districts so far removed
from the appellate tribunal at Washington He
could administer justice with an even hand facili-
tate the termination Of lawsuits and restore the
Federal Judiciary to thai eAalted ssltion in the
public estimation, which it held before modern de-
generacy had draggedit down.
In States like this, or Texas, where the parties
who are drawn into court can appeal to the State
tribunals Of the highest grade, in nearly all cases.
it is not to be expected that the public will be con-
tent TO the judgement of the Federal Courts rem
dered by single Judge, final and conclusive up to
the extent of $4,000, when the opinions Of that
Judge have no other claims toNour respect than the
happy accident OF his station. The contrast be-
tween State and Federal Justice, then, becomes
too glazing to be overlooked by the most purblnd
Men ought to complain-silence is pusillanimous
and contemplate.
There is good reason for uniting Texas and
Louisiana in one circuit. 1t is the similarity of
laws, usages and species of property, that prevail
in both. They lie contiguous and are in all re-
spees suited to this union and they alike need such
a tribunal to administer the law This circuit
would embrace more interesting and important
business than any other crcutin the Union and pre-
sent field for the exertOn of the highest abilities
in the country. We trust the President would
seek Tor those Abilities and call the possessor into
this place, without regard TO politics. or any other
consideration, than that Of talents fitness and intee
rity. The members Of the bar in these two grow
ing States are deeply concerned in this measure,
and should take prompt steps to urge it on the
attention of Congress.
BoLDLY AvowED.-Whateyer NAV bs said bv
some Of the advocates Of the Nashville Convention
to its Interior objects, the desire and necessity
Of holding it to save the Union, we have, in the
article taken from the Fairfield rs. CO. Herald,
which we give below, the bold assertion of the
editor that an overwhelming majority Of The yeo-
pie Of Soath Carolina are in fapor Of disunion
DtsuniOn. -" We cannot credit the rumor. -
says correspondent of the Baltimore Sun, "that
Mr., Calhoun, having recovered his health in a
measure, has expressed himself decidedly and
warmly In favor of dissolution OF the Union at
every and all hazards. II is said that he regards
the dissolution as inevitable, and consequently ex-
pedlent and desirable" II Mr.. Calhoun did ex.