The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-14

constituted into circuit Thus the judicial system
would expand Itself naturally with The increase OF the
number OF The States without leaving any OF the present
gaps or breaks m the system, producing the slightest
disturbance OF interests IN any other part OF the Union
The present elements OF organization, maintained in
Their present proportions, incapable OF adaptation TO
the old States N which the augmentation OF business,
acting boh on the Supreme Court and on the circuit
cours renders Il materially impossible that the present
duty Of both should be performed by the present justices
OF The supreme Coarl Thus comes necessary violation
10 fact oil The legal theory TO the relative jurisdiction OF
bo'h circuit aud district courts the aggregate amount Of
thai violation Increasing daily with the population and
The same elements also incapable Of adaptation TO
the new States even they and that incapacy
Of adaptation becomes hagant every day, as these
oates grow IN population and wealth, and II rs agra
waited WIN each accession 10 the Union OF an additional
State
The consequence is the gradual but development
OF Two distinct judicial systems IN tue country, with
broad line OF demaIcaiion between them which
justice Of the Supreme Court nleyenes either actually
OF nomnally IN the business OF The Circuits and the
circuit courts dispose OF less OF the appeals from
The district cours and another in which justice of The
Supreme Court appears the circuit, either by the
letter oil law or IN fact and appeals 60 directly IRON
the district courts 10 the Supreme Court, swelling. OF
course, The amount OF business in the latter These
consequences are mischevous in practice. besides
ring the hypothetical excellence OF the system in It's po
htcal relations to the States.
To avoid these evils and to provide for the equal ad
mlnistration OF justice in all parts OF the Union, and to
have Inc circuit business everywhere both In TACT and in
law, 10 the present any other form of
performed by justices OF the Supreme Court unaided and
alone, and TO expand the system from time to time the
Union expands by the aggregation Of new Staesto ef
feet all these combined results, continual additions must
be made to the number Of justices OF the Supreme Court,
which thus becomes transformed rressiiiby from court
into Senate.
On these premises the considerations of public welfare
and oil regard for the equal rights OF the States involved
in the question Of modifying the details of the judicial
system OF the United States az to give i universally OF
applications and uniformity and eicaciousness in all parts
OF the Union, far outweigh any possible objections to
such modification
Undoubtedly il is desirable SO far as II is materially
possible, to have The justices OF the Supreme Court
ation 10 the respective States The general sense of this
il is which has obstruced the Introduction OF proper i'm
provements IN the judicial system. II seems % that
The time has arrived TO meet the question frankly rather
than to continue an organization OF the circuits which
goes on by temporary expediens, mperfecuy applied to
the merchandising wants Of the public service; an organ
zaon in which the circuit courts by theory, but not
by law, required to be held by person other than
the district Jadge or in which, though the presence OF
some Judge other than the district Judge is contemplated
the increased amount of that portion Of public business
which must BY constitutional necessity be discharged by
the Supreme Court.
change is fell on all hands 10 be desirable, if not
necessary And there is form OF experimental change
which can easily be made, and easily returned from if it
fail 70 receive the public confidence on trials which, in
my judgment, unes most OF the advantages, and avoids
the disadvantages OF either OF the other plans; which
does not involve any complex legislation; and which is
respectfully proposed as solution OF the problem
II is to have, at present, nine, and prOspecvey ten
circuis 10 rearange the existing nine circuits. as 10
comprehend within them all the judicial districts except
these OF California; to appoint nine assistant circuit
Judges one for each ccu 10 preserve unimpaired the
jurisdiction OF the circuit courts in all the districts
well those now within the circuits as those without; 10
withdraw The circuit powers from the district Judges and
reves them IN the proper circuit court exclusively; to
have the ordinary circuit holden it is in each Ju
dcal district, and composed OF the justice of the Supreme
court residing IN the circuit, as now but TO associate
with him assistant circuit judge SO that the court shall
be holden by justice of the Supreme Court and the
ss,ant circuit judge, either OF ihem instead OF the dis
si judge the latter being left to his proper district du-
ties, and there being real and effective circuit court
even in case OF the necessary occasional absence Of the
justice OF the Supreme Court. .t
This plan furnishes the additional personal force re-
qulste for the prompt despatch OF the enlarged judicial
business of the country II does not so far as the suit
ors and the public at large concerned, deange any
OF the relations OF judicial business Ii calls for pres
ent enlargement oil the number of judges of the Supreme
Court, secures unity of system BY giving proper
circuit court 10 all the DISTRICTS II retains untouched the
place OF business OF the circuit courts and OF the district
courts, each 10 be holden. now, within their appropriate
States II competent, provision 10 have the circuit
business performed in FACT well in theory. by cir
cult Judge, and thus eectuay the great defect OF
The existing organization II continues the Justices OF the
Supreme Court in the practice of immediate contact with
the people OF the States, bat relieves them by law from
the dsagreeabIe necessity OF seeing themselves consan
ed from time me either 10 leave much OF the crcui,
Judge, else 10 fail IN The complete discharge OF the
proper duties OF the Sapreme Court.
This plan leaves California only with district
organzaon and assumes that at day not distant tenth
circuit shall be constituted OF Pacific States.
The innovation proposed is the least possible beyond
The restoration as far may be of The normal functions
OF the respective courts, which is Iepaaion rather than
change IL consists OF nothing bu, the provision OF more
TO do the work necessary TO be done by The APP
ponment OF assistant circuit Judges 10 divide the circuit
business with the judges of the Supreme Cour,
Permit me, IN conclusion, IN order TO coToboraie the
opinion that change should be attempted to call
mind The rie but not less coyent consideration, that the
but indirectly lightly effected by the political action OF
government while its judicial action is VITAL actually
conngently, TO the interests OF all men Their property,
their honor their lives, constantly dependent The
wisdom and the virtue OF The courts oil justice 10 guard
aud preserve these dearest rights need not only
magsFacy Of competent character but also one OF com
peent organization. And certain II rs, that the existing
judicial organization is altogether insufficient Tor the OBJ
necessities OF The people even OF the present United
States.
have abstained from remark 10 The courts OF the
Territories and oil The District Of Columbia which are
esabsbe under other clauses OF the constitution than
those herein consdered and which not presumed to
be within the puryiew OF the resolutions OF the two
houses II may, however be not improper TO cay here
that the legal condition oil the District OF Columbia, still
regulated by the laws OF Maryland they stood half
century ago, without material legislative Improvement
during that period Of me and with recognised defects IN
lie judicial organization, calls loudly for action on
the part OF Congress.
have the honor to be, very respectfully yqar obsdien
servant, U. CUSHING.
4 o the PRESIDENT.
By j. q. MCGUIRE, Auct,oneer.
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