Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1865-02-23

nous, and, nom fts plastic character. an.
tirely accommodated 20 tha yarIoua IN 49,
tions Of the different States. Durin~ ~
last four years the business Of these Coprt-
has increased threefold, and the iudieisI
machinery has been found adequate 70 ~
reg qulrements Of the country. The admin
.ssrsslon ..Is Of justice has bean pure, able and
--ea1lt1rl.a -
Ls1 psiOte tHe introduction Of the pending
III, we nAd not heard single
complaint IN regard to The general system.
6ASing US orgln IN the wisdom Of tia
Fathers Of the Republic, tims-honore5 and
naloWed y the traditions and affections
ofthe people, it was supposed % be a
most as sacred IS the Constitution. Nan
whose talents and virtues shed 3 lustro
over the history Of our jurisprudence have
sstin these courts In the administration
the influence Of party has undoubtedly
been felt, and in some cases with per-
nieIous consequences; but it must be sd-
mitted that with rare exceptions, which,
cannot be imputed to any defect in the
syStem, the Judiciary have maintained
high character for impartiality, ability,
integrity and patriotism. The bred d7ScotF
monster has been struck dead IN the same
court which gave it life. eng 70 14'
II Is now proposed to s1bvert this syS-
Tenn, and establish ne8one, the principal
features Of which are as follows: II abol-
ishes the districts and the District Courts.
and the present system Of Circuit Courts :
it creates new Circuit Courts and a Court
Of Appeals, to be composed of the new
Circuit Judges and an Associate Justice of
the Supreme Court. Each State Is to eon-i
stitute one Circuit, except New York and
Pennsylvania, which are each TO Be divid-
ed into two. The Jurisdiction Of the pres
ent District Courts, and AL cases pending
are to be transferred to the Circuit Courts.
or Erits Of error may be taken to
the Court Of Appeals IN all cases where the
matter IN controversy exceeds $500, and in
all criminal cases. Appeals or Writs Of
error lie to the Supreme Courts where the
matter IN controversy exceeds 800, 600.
The ten circuits now existing remain un-
changed, and it is not proposed to alter the
Constitution Of the Supreme Court. Tha
bill, if passed, will legislste the District
Judges out of Office.
This plan presents no pereeptible merit.
Gan any one show 8 single advantage af-
torded BY the proposed system which is NOT
found IN the present one, or is not mora
9ssily sttainable by notifications not af-
letting the general scheme Of Judicial polity
now exiatingf If the Circuit Courts can
De spared, why not transfer their functions
20 the District Courts2 If another Appel
ate Court be deemed necessary, why NOT
constitute such court with the District
Judges of the Circuit and an Associate
ustice Of the Supreme Court We can
not regard change IN any Of these partic-
lars IS necessary or desirable; but conce-
ling it to be so. it can be more easily effect
d on the basis Of the present system than
y the means proposed by the bill @
The limitation Of appeals and Writs Of
rror to the Supreme Court to cases where
ne mstter In controversy exceeds 100000
you'd convert the highest tribunal in tha
and into select Judicial establishment for
The poorest suitor in Eng
and can reach West Minister Hall, the
court Of the Exehequer Chamber, and
ven In the House Of Lords; but an Ameri-
an citizen would be compelled to travel
N avenue paved with gold to attain that
1stice which magma eIartG gives speedily,
Without delay, and freely and purely, with
ut favor or price. A Court open to the
ieh, and closed against the poor, would be
n anomaly in our institutions, and, if not
ltolerable, would soon degenerate into 3
orEupt Judicial oligArchy.
We cannot look upon the pending pro-
,ct otherwise than as an insidious attempt
, legislate away the constitutional tenure
T the District Judges If successful which
7e do not fear it will entirely subVert the
rinciple Of permsnence in our judiciary
Stem. oOJErps viii DO -czr5sgeU aiIQ sud-
he'd to make places for party favorits, OF
!, get rid Of Judges supposed to hold opin-
ms adverse to those of the party in power.
uch policy would be ffaught with un-
I'D mischiefs, and would, in the future, ba
eld up to merited odium and execrstion.
ur present scheme Of Judicial polity has
cen tried and approved. If expRienca
lould demonstrate that it is detective in
ny particular, let it be reformed; but let
5 not lightly embark upon 3 course Of
eedless experiment. But rather let uz
old fast TO that which Is known to be good