Arkansas true Democrat., 1858-06-08
Courts of Arkansas.
c. s. Senate, Moy 13, 1858


MT JOhNNON, ol Arkansas. l ask the Senate to take up and pass the bill reported from the committee on the judiciary concern ing the United States courts within the State of Arkansas. The relief which the bill propo- ses to afford is very much needed by those courts. l do not think it will take ten minutes to pass the bill.
 The motion was agreed to; and the bill (S No. 27S) concerning the courts of the United States ill the district of Arkansas was read the second time, and considered as in committee of the whole.
 l. provides for the appointment of a district indge of the United States for the western dis trct of Arkansas, a. all annual salary of S25OO to have and exercise the same jurisdiction and powers which are now had and exercised within it by the judge for the district of Arkansas and the jurisdiction and authority of the last men, toned judge are to be hereafter confined to the eastern district of Arkansas
 It further provides that there shall be here after two terms of the circuit court of the Uni- ted States held for the eastern district of Arkan- sas, on the second Mondays of April and Oc- tober in each year.
 Mir. JOHNSON, of Arkansas. will ex- plain this bill reported from the committee on the judiciary.
 Mr. STUART. Had not the Senator better let 1t pass at once?
 Mr. JOHNSON, of Arkansas Well, will not make any further explanation unless it is demauded
 Mr. TRUMBULL I was opposed. in the committee on the judiciary, to the reporting of this bill, and for thS reason: | am opposed to all bills Of this character unless there l,e an ab- soIute necessity shown for them; and did TO. thInk that necessity was shown in this casc- This Is the way that power and patronage ate being concentrated iu the federal executive con Stantly We go on multiplying the judicial distrctS. By multiplying the judicial districts, We create necessity for new court houses; we multiply the district attorneys; we multiply The marshas; aHd in that way we are constant ly drawing to the federal government powers which, III the origin of the government, were not intended to be exercised by it.
 Mir. JOHNSON, of Arkansas Will the Senator allow me to state, before he proceeds further with his remarks, few facts in regard 10 this ma ter?
 Mr. TRUMBULL. Yes, sir.
 Mir. JOHNSON, of Arkansas. had no op- portunity to make any statement of fac before the committee, the Senator himself is aware. did not know that any gentleman on the con- mttee other than the Senator from Missouri
 
 Mr. Collamer hal any doubt as to the proprietv and necessity of this bill. If had known that there was a necessity for further explanation to the Senator from Illinois, should have given it to him. 1 will state now to the Sen ate what is the exact condition of the case
 When Arkansas organized as State in 1886, the whole State was made one judicial district There was then annexed to that judi clal district all the Indian country west of that State, being region o country more than one and ball times as large as the State of Arkan- sas itself, for the enforcement of the intercourse laws of the United States, with all the various tribes of Indians. In 194S, upon the matter beng presented here by the late Senator Ash ley, upon bill which had been previously passed in the House of Representatives 1t was considered necessary, from considerations of humanity, that a court for the trial of offenses within the ludlan country should be established upon the border within reach, where people charged with the commission of offenses in the Indian territory could be brought to be tried, and where, when in prison, they could secure thelr witnesses at their trial, and have some hope, at least, of obtaining relief justly when It was within their power; and where there also should be some hope that the United States, without very great cost, should be able to obtain their witnesses for the prosecution.
 Under these circumstances, an Indian court in point ot fact was created; that is, court for the trial of olfenses in the Indian country. It was styled the western district of the State of Arkansas; but it was not district of the State of Arkarsas, properly speaking, for there were but five counties of the whole State included in it. and those five counties were taken, and the court located within them, immediately upon the border of the Indian country, for the purpose simply of giving the court a locality, and point at which it could get jurors and public officers to reside
 That act has continued in force for ten years and the court has been held twice year. A prosecuting attorney exists for that district; a marshal exists for that district; aclerk, of course, exists for that district. The entire court is in existence for that district, but no additional judge was deemed necessary at that time, for the reason that the duties of the judge of the eastern district were not heavy, and it was SUD- posed that he could hold all these courts. The facts in regard to the eastern as we'll as in re. gard to the western court, now show the ne- cessty of having judge for each district. The supreme court judges of the United States never, in any instance, go to that country and hold the circuit court, and have not done so for for many years. The judge of the eastern dis trict, therefore, presides in the circuit court as well as the district court. The circuit court in Arkansas, up to the present time, has held but one term year. Those gentlemen here who are lawyers, and are accustomed to the practice of the courts, are aware that great amount of | jurisdiction exists in the circuit court which does no! exist in district court The business has increased in that court, and it has been kept back from increasing as rapidly as it other wise would, from the fact that the court itself could not, under the present law, render relief within any proper time, for the reason that but one term can be held in 2 year. The public l business there demands that there should be