Arkansas intelligencer., 1858-06-18
From the (Littte Roek) True Democrat.
q. s. Judge for the Western District.

We publish elsewhere, in to-day's issue,
the proceedings in the u. S. Senate concern
ing, and the remarks of Hon. Z. w. johnson
in advocacy of, the creation of a separate
ludgship Tor the western district of Arkansas.
The bill discussed provides also for the hold
ing of two terms of the l.. S. circuit court in
the eastern district each year. 1t also pro-
vides for the payment Of a salary Of twenty
five hundred dollars TO the judge of tho west
ern district.
This Is a matter OF much interest TO the
citizens OF the State at large, aud particular
Iy to the people of the western district. The
members of the bar generally, who feel the
necessity of such change, will hail the pas
! sage OF this bill with great satisfaction.
| With only one term of the circuit court of
! the United States, non-residents are driven to
the State tribunals, for they will not carry
/ their claims to cout whore, with only one
/ term in year, they may be delayed for years.
/ This in consequence throws the entire burden
of foreign litigation upon our State courts,
and thus increase enormously the expenses
Of holding and sustaining those tribunals.
| The United States court for the western
district extends its jurisdiction over the entire
| Indian country; embracing a region Of terri
| tory one and half times larger than the
/ State of Arkansas. 1t can hardly be expect
| ed that one judge can perform the amount OF
service required Of him under the existing
law IL is not just that so much labor should
| be thrown upon one individual, and that in
| dividuai most often, be ripe in his profession,
must be advanced in years.
! Therefore, it is with pleasure we see Mr.
! johnson making an effort to obtain from the
national government that justice due to our
/ State and particularly to our western citizens,
/ who live adjacent to the country inhabited
| by the Indian tribes. He obtained a favora-
/ ble report from the committee OF the iudicia-
| ry, when every other bill of that class, and
according to Senator Toombs' statement there
were many, were rejected.
| The western court is partly in its nature a
( territorial court, embracing in It's jurisdiction
all that region of country upon the western
confines of Arkansas occupied by the Indian
| tribes. Yet the u. s. judge, residing at Lit
! tie Rock, is compelled, not only to hear and
/ determine all claims and offences within the
broad limits of Arkansas, but all arising in
/ that vast region of territory belonging to the
| L. S. government, and inhabited by the rem
nants of most Of the great tribes who have
fled before civilization.
For the court of the western district Of Ar
kansas, which has this extensive jurisdiction,
there should be separate judge. 1t is not,
properly Speaking, court of Arkansas. 1t
Is in reality a court established to try causes
originating in the Indian country. Its estab-
lishment for that purpose at Van Buren was
matter OF necessity. Policy and good sense
dictated that we should not establish court
in the Indian territory. A white man could
not get justice there. An intelligent, impair
tal jury could not be had 1t is therefore
not right that the labors of this territorial
court should be thrown upon the hands of
the Judge OF the eastern district If Arkans as.
1t is due to the State, to the Judge and the
western people, that another Judge be given
US.
We trust the efforts Of Senator johnson
in the Senate, in this behalf, may prove sue
cessful.