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


nay than the psblIc interest reqnires because
ia proportion TO the increase OF the number OF judges
constituting court is lis tendency TO lose It's proper judi
eial and 10 acquire, instead. delberaye character
But the great difficulty IN this respect is in the present
OF the circuit and the district courts in their
relation 10 the Supreme Court
BY the law, il stands, the districts, with ex-
cepons hereafter Indicated distributed into nine CIR
cults and the circuit court sits, according 10 The theory
Of the law, in each district periodically, and composed
OF the district judge OF that district and OF one OF The
Judges OF the Supreme Court.
say according 10 the theory OF the law; Tor, IN the
existing magnitude OF the country, II becomes physically
impossible for the judges OF the Supreme Court, compa
bly, with their proper constitutional duties to transact The
circuit business OF all the districts OF the United States
Thus il happens that the entire States OF California,
FLORIDA, Iowa, Texas. aud Wisconsin, and districts oil
some other subdivaed States remain wholly outside oil
the system. the entire circuit duty being performed
by district Judge Ii needs argument to show that
this anomalous condition OF things is in plain violation
of the true spirit OF The constitution which pTesupposes
absolute equality of political right, OF government and OF
s advantages, among all the sovereign members oil the
Union. Et
Besides which, in some of the districts, which are, by
law, within The system. the amount OF circuit business
exceeds the powers OF single Judge OF the Supreme
Court and thus the contemplated and theoretical benefits
OF the system but imperiecily enjoyed even there.
II TO be self evident that there ought to be sucn
reformation OF the circuits as to have them embrace all
the States. sHaH .sH @..E
To accomplish this Indispensable object the exigency
for which dsturbs the interests Of society more seriously,
perhaps, than any other federal question OF mere govern
men organization several plans have been considered
One s to provide additional number Of Judges OF
the Supreme Court part OF them TO transact The busi.
10 banc at the seat OF government and part to be
detailed Tor circuit duty But all the justices so ap
pointed would possess equality OF right SUCH and
as the power of the Supreme Court is constitutional
power it is not easy 10 how distinctive classihca-
lion could be established by law, as to exclude any
Of them from the regular business OF the Supreme Court
and such classification could be permanently enact
ed any OF compulsory Standardization pro.
vded, the result would be auctuang tribunal and all
the evils OF unsettled decision. Besides which, il such
plan adopted and found mpractcabe, would be
impossible TO recede from il without leaving an excessive
number oil judges OF the Supreme Court; because those
judges are not removable BY legislation Bui the con
Congress may, undoubtedly, enact quorum OF the court
OF any number, however small but il cannot exclude
member OF il from participation in its action under the
constitution
Another plan is TO relieve the Judges OF the Supreme
Court of their circuit duty to reduce the number OF the
Judges Of that court as vacancies occurs to rearrange all
the districts OF the United States in proper circuits; and
10 appoint circuit Judge Tor each circuit.
This plan has the advantages OF simplicity, and OF in
volvng little or no change in the forms OF legal business
and The times and places in which is TO be conducted
The plan is undoubtedly, also, more cOnformable than
the present arrangement TO the spirit and theory OF the
constitution because the Supreme Court is created by
the constitution, while the circuit courts are OF those sin
eror courts which Congress has the power TO ordain
and establish for which reason il has been much ques-
toned whether the two things be not consuiionaily in
compatible; and the Judges OF the Supreme Court are
only appointed and commissioned as such.
On the other hand, it is forcbly urged that the con-
temporaneous exposition OF the constitution. the practice
under il, and long acquescence in that practice, have
served to sanction the existing law in this respect that
nisi prius duty is valuable mental discipline Judge
and that it is exceedingly inconvenent, in political
sense, separate the Judges from immediate intercourse
with the people OF the respective States.
Another plan has, therefore. been proposed which is
to eaIrange circuits so as 10 comprehend all the districts
n all the States; to enlarge the jurisdiction oil the dis
trict courts relatively TO the cIcst courts and that Of
the circuit courts relatively 10 the Supreme Courts TO have
circuit court holden al one place only, in each circuit
for all the districts composing it and TO constitute that
the district judges within IT.
This plan sspposes, moreover, that all the original
CIVIL jurisdiction OF the circuit courts, whether concurrent
or exclusive be taken away from them and vested in the
respective district courts; and thus all the criminal bust
be confined TO the district courts because OF the
provisions OF the constitution, which require the trial
OF crimes TO be n the State and district where the crime
shall have been committed.
To this idea il is objected that it will greatly increase
the expenses OF litigation N all ne States excep, those
many OF the circuits give rise 10 nsoube controversy
concerning which State shall be the seat OF the circuit
courts that the judges OF The district courts have not been
appointed for the unaded exercise OF all the present
original jurisdiction OF the circuit courts that the proper
performances by them OF the proposed new duties will,
especially 10 The tnanume States interfere win Their APP
propriae admiralty and other district dulieA and that,
other respects the plan will disturb The interests, and
affect nconveniently The sensibnes OF the different
States.
"a
The circuit courts be holden at present. IN each dis
trict with justice OF the Supreme Court member
by law OF The ccuit court, devoving the whole OF the
oIgna business oil thai court, whether civil criminal
upon the district Judge 10 The third plan, and all the
appellate business 10 equity and ac and requiring only
wrs of eror exceptions, and appeals IN mailer OF law,
TO be heard in presence OF the justice OF the Supreme
Court
This plan is subject, 10 sill greater degree, TO
class OF the objections 10 the preceding one-namey that
OF aug menng unduy the labor and responsibility OF the
district Judges, who not appointed IN view OF such
large and exclusive functions.
Besides which, each OF these two last named plans,
while enlagng the geographical range OF The circuit duty
OF the Judges OF The Supreme Court would not in reality
give them correspondent relief il other respects, which
the public interest requires IN order that they may have
time for The discharge OF the higher inevitable duties OF
the Supreme Court
This consideration acquires additional weight from the
FACT that the new Territories which The United States
have acquired by treaty with foreign powers devolve OF
Court in the adjudication OF land claims from the former
provinces OF Louisiana and Florida, and especially from
California.
In regard 10 California, and The three other States at
least which 10 exist The Pacific side of the
unlon IT difficult to how any plan is to be carried
into effect requiring judges OF the Supreme Cour 10
hold circuit courts there and very grave objections
ganizalion OF the 10 the Pacific States and the
continued exclusion Of them from the general judicial
system OF The Union.
Ia this relation there is another important class OF
sIderauoBs
When Congress came 10 perform, regards the judi
cial stem The legislative duty deyoved upon ii BY the
constitution, il established proper subdivisions OF the
facts but did not 50 arrange The details a. 10 be fully ca.
pahle oil adaptation successive changes in the amount