The Washington union., 1858-03-19

ern people and by the clash of the antagonists to
overthrow the constitution. There is not drop Of
patriotic blood in their veins Their minds are either
scared by prejudice or deranged by fanaticism-the
| two chief elements of their strength. Whatever
shall be added TO their power shall be taken from
the federal Union. lie who is assailed by such
is complimented for his patriotism and certified for
his integrity.
THE SUPREME COURT OF THE UNITED STATES.
About seventy years since, this court estab-
lished TO determine within its jurisdiction
arising among four millions of people--a number
scarcely greater than the present population of the
State of New York. At that time commerce
was limited and little business was done calculated
to end in litigation in this court. The Union was
composed of thirteen sparsely-populated States
Six judges appointed TO perform the duties
signed to the court. For many OF the first years of
this court the docket seldom contained thirty cases.
and sometimes hardly half that number. Now we
| have times the population and an i'm
| mense commerce, with varied and increasing busi-
ness calculated to generate controversies to be set
tied in this court We have thrty-one States, one
| District and seven Territories, and have but
the first organization of the court The docket at
! the present term contains two hundred and sixty
eight causes, including five upon the original docket
where sovereign States parties less than seventy
| of which have been heard At the adjourned term
some forty more may be considered and disposed Of
leaving the business ofnearly two annual terms un
disposed of, with every prospect Of rapid increase
| in the number of new cases.
| 1t has been suggested that the progress OF this
court is not rapid that of many State courts.
There are striking why this is Each
State court administers the laws of its own State and
new and difficult questions are not common. The
| bar and court become familiar with their own pecu-
| liar local systems. They seldom have occasion to
examine and consider any other. Hence, State tri
bunas become as familiar with their own jn-
dcia matters mechanic with his own tools.
But, from the very constitution of the Supreme
Court it is impossible that it despatch business
with the facility. 1t has TO deal with not only
the constitution and laws of the United States the
law of nations as well as admiralty law, but also with
those of each of the States and Territories, and of the
| District of Columbia To these may be added the
laws Of France, Spain and Mexico far as the titles
| to lands are concerned. With the exception of few
common-aw cases, every presented is and
special requiring full argument by counsel and great
study and consideration by the court in conference.
That the law settled by the court, and the
for its conclusion may be known its opinions are,
with great labor and reduced to writing Cases
often occur where the decisions Of the tribunals of
France Spain, and Mexico have to be examined in the
4 cnffh ha nf nf
the States are daily cited and are necessarily exam
| ined and considered, and especially those of the
| State where the cause of action arose.
Cases in equity are frequently presented in which
the facts extend to thousand or fifteen hundred
printed pages. Patent eases alone occasion the
court nearly as much labor all others did in early
times. The court has often been called upon TO
strue the military codes established by our milf
tary officers during our various No judicial
tribunal Oh earth administers such multitude of
laws so widely differing in their character. Upon
no one is imposed so much investigation and labor.
If the court cannot promptly clear its docket it is
not the fault of the Judges but it results naturally
from the extraordinary system which the law re-
| quires it to administer That change is abso-
luely necessary, .oth on account of the court and
the rights Of suitors to speedy justice, one can
fairly question What change shall be made has
| been the subject of no small diversity of opinion
We have heard The following suggested
l. To relieve the judges of the Supreme Court
from circuit Duties and require them TO devote their
whole time to eases in bank
H. TO prohibit appeals and writs of error in cases
where less than five or ten thousand dollars are in
controversy.
| iii. Not to allow the review of any case, except
where the constitution laws and treaties of the Uni
ted States, or the laws of nations or admiralty law
| arc involved.
". The establishment of inferior court, to re-
view and finally determine certain classes of cases,
like those arising upon contract except those called
maritime and upon patents for useful Inventions
and leaving only the residue for the Supreme Court
To cut of a considerable portion of the lurisdc-
ton of the district and circuit courts and thereby
lessen the number of cases which can be removed to
the Supreme Court, leaving the State tribunals
| wider field of action as for instance, to exclude
from the jurisdiction of the national courts cases
arising upon ordinary oohuacta, or growing out Of
patents, &c.
1t is not purpose to recommend either of these
modes of relief as preferable to the other All we
wish to say is that il is due to the public to suit