Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-17
THE FEDERAL JUDICIARY BILLS.


THE FEDERAL JUDICIARY BILLS.
The question which, probably, is of most i'm
portance before the Senate at the present time
relates to the reorganization of the federal
courts. 1t is subject of deep interest to the
people generally, and has become of the first
necessity, from the acknowledged fact that the
present system is inadequate to the demands Of
justice. The labor devolved upon the justices
of the Supreme Court in their capacity of mas,
prius Judges Of the circuit courts, is becoming
every year more and more excessive, from the
introduction of new States into the Union. 1t
is true that the five States Of Florida, Texas,
Iowa, Wisconsin and California are as yet not
attached to any circuit, the circuit jurisdiction
within those States being exercised by the
judges of the district courts. But this system,
SO unequal in its operations, is only tempo.
rary expedient; and the time has come when
provision must be made for a uniform organi
cation of the courts throughout the United
States.
This necessity being seen and acknowledged,
two propositions Of reform have been submitted
to the Senate; the one reported by the Judiciary
Committee of that body, and the other pre-.
scented as substitute by SenrsOr Douglas, Of
Illinois. Both have their peculiar advantages,
both their peculiar objections. Either, per-
haps, would meet the pressing necessities of the
case. Knowing the interest felt by our readers
and by the public generally, in this important
subject, we published in our paper Of Saturday
and Sunday last, successfully, the bill and the
substitute proposed. But, as, to most Of our
readers, the strict and guarded phraseology of
an act is almost unintellgible, although abso-
lutely necessary in exact legislation, we pro-
pose simply to lay before them the principles
involved in these propositions, Invested of their
repetition and Journalism.
The bill Of the committee, reported by Judge
Butler, Of South Carolina, provides for dscharg
ing the Justices Of the Supreme Court from
the duties heretofore prescribed for them as
associate judges of the circuit courts. In lieu
of this present circuit system, it proposes that
there shall be appointed eleven circuits, each
composed of certain districts set forth in the
bill. For each Of these circuits there shall be
appointed circuit Judge, who, with the Judge
of the district, shall constitute court, to be
called the circuit court, and invested with all
the powers and jurisdiction, original and ap
pellate, now exercised by the existing circuit
courts. In case of any disability, physical or
legal, Of such circuit judge, the circuit judge
of the adjoining circuit, on notice of such dis
ability shall act in his stead. In case of any
such disability of district judge, then The cir,
cult court is to be held by the circuit Judge
alone. The times and places of holding the
circuit courts are not prescribed by the bill
but left for future provision by the Supreme
Court. The annual salary of the circuit judges
is fixed at four thousand dollars, payable quar-.
terly.
The substitute proposed by Judge Douglas,
provides that nine circuits shall be established
each comprised of certain number Of districts,
therein set forth. One of the justices of the
Supreme Court together with all the judges of
the district courts within any circuit shall con-
stitute a circuit court of appeals for such
circuit, which court of appeals shall meet
once year at such places as are provided
by the act. The decisions of these courts
of appeals are final, except in certain cases
involving the enforcement of the revenue
laws, or the collection of duties-in which
cases their decisions are final without re-
gard to the matter in controversy. And when
u question involving the constitutionality Of
the statute Of State, and the decision of the
question one way might conclude the contro-
versy, then the cause may be taken TO the
Supreme Court, if the amount in dispute ex-
ceeds ten thousand dollars. The jurisdiction
Of the present circuit courts of the United
States which are abolished, are to be vested in
the district courts.
We have thus given brief but fair summary
of the propositions now pending before the
Senate for consideration. We have, Of course,
avoided the details Of the bill as far as possible.
Our readers may now Judge for themselves Of
the relative merits of the two. A proposition
was made in the Senate on yesterday, by Judge
Douglas, to recommit the bill and substitute
to the judiciary committee. Such course, we
consider wise and expedient for the impor.
tau.e .-.d in<-;satA charso.Ar of tho snhieci
demands for it, as we feel assured it will receive
the most patient and laborious consideration,
1t is our purpose before the question is finally
disposed Of, to express with modest Difference
to the judgment Of others, our own views upon
the subject of this reform.
MINISTER TO SPAIN.