Arkansas true Democrat., 1858-06-08

two terms of the circuit court in the eastern district in each year. It amounts to a denial of justice to the people of every other State in the United States, who may have claims or debts to collect or causes that would carry them into the United States courts in Arkansas. to say to them, You shall go into court where, if from any cause light or trivial, there Is continuance granted, that continuance shall be for one entire year." Public justice imper- atively requires that second term of the cir cult court of the United States should be held within that district.
 That being so, there can be no question, take it, that Congress will grant two terms of the circuit court of the United States to be held within that Statd. That will increase the du- ties of the district judge. As said, in the ab- sence of any supreme court judge, for they never go there in fact, he holds the circuit court Now, he is to hold four terms a year; two terms oi the circuit court, and two of the dis trct court Tn the eastern district If, to that duty, you add two more terms, to be held at the distance of one hundred and fifty miles embracing all the Indian business of a region of country one and half times as large as the State of Arkansas, you require him to hold six terms year. Such burden would be too heavy, and he could not possibly do justice to 1t.
 Under these circumstances, when asking for another. term of the circuit court of the United States in the eastern district of Arkansas, thus throwing additional burdens on the judge, and requiring additional tune to perform his duty. It became necessary that the Indian district court should be taken of from him. Hence this bill provides that, for the two terms there to be held, and the circuit court jurisdiction | which Is granted by the act creating that wes. tern district, there shall be an additional judge These are the facts of the case. Mir. PUGH. l wish to ask any friend from Arkansas question. We understood in con- mttee that there were already d marshal and ! attorney in each district, 50 that there would be no additional officers of that class. Is that the fact?
 MT. JOHNSON, of Arkansas. That is the fact. l would also cali attention to the crcum- stance, that the departments, in the annual message and documents before us, have recom- mended that district Indian court shall be created: in other words, that the court now held in the western district of Arkansas shall be 1 transferred to the interior of the Indian coun- try shall be compelled, from considerations of public duty, to oppose that proposition, be- cause there can be no jurors inside of that ter ritory but Indians, and white man has nc chance before them. That is one reason; and 1 there are several other reasons why it will not do to put court inside of the Indian country beyond the reach of impartial and intelligent jurors. This is the Indian court and as the burden is on the eastern judicial district, where | there are four terms a year, two of the circuit court, and two of the district court of the Uni. ted States the Senate of the United States, trust, will perceive a5 once that it Is not reason. able to expect that so much service shall bt rendered by one single judge. If there be other questions which the Senator from Illinoi, desires to understand, shall be very glad t, answer him. 1 saw from his first remarks tha he supposed it would be necessary to create an entire set of new officers. This is not so, assure him.
 After Senator Johnson concluded, speeches were made by Senator Trumbul in opposition to. and by Senators Toombs and Bayard, mem bers of the judiciary committee, in support o the bill, after which the following further pro ceedngs were had:
 Mir. JOHNSON, of Arkansas. There are several points in the remarks of the Senate, from Ill.,, to which should like to reply. The, can be easily explained and replied to- but see that the hour for the special order is So clos that may not get action on the bill if say anything, and therefore shall waive it. in view of the representations made by Senators iron the judiciary committee, and 1 hope we ma, have a vote on the bill.
 Mr. DOOLITTLE. I nave an amendmen that desire to offer. IL is to insert as an ad ditional secton
 And be1 further enactel, That in any suit a law or in equity for the recovery of any debt O demand arising upon contract, express or i'm piled, prosecuted in any distIct or circuit court ot the United States, unless the amount recov cred shall exceed the sum of S2O00, the plain tltt III said suit shall not recover any fees costs or disbursements of any nature whatever, no any fees or costs in the execution of any mems, or final process.
 l should like to have this matter lie over un til tomorrow morning.
 Mr. HUNTER. The hour for the considera tion of the special order has arrived.
 The VICE PRESIDENT. This is tn hour set apart for the consideration of the spe ciaI order
 Mr. JOHNSON, of Arkansas. Will tn Senator himself call up this bill, if it goe over?
 Mir. DOOLITTLE. Yes, sir; to-morro, morning.
 Mr. JOHNSON, of Arkansas. Then shal cousaut that it 90 over.
 The lill was post poued until tomorrow.