Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1865-02-23
IFron the ritt.bursh C0nmsroiai.i
The Proposed Change in ths United
States Judiciary System.

The Proposed Change in tbs United
States Judiciary System.
A bill hiss recently been introduced into
Congress, which proposes 8 radical change
in our National Judiciary system. The
present organization was established in
1889 by the first Congress which assembled
under the Constitution, and it has continued
in force without any fundamental change
in the judicial scheme TO the present time.
New districts and circuits have been form
ed from time TO time as our population iu-
creased, and theibusiness energies Of the
country demanded; but the system found
ed by the legislation of 1889, has, with
some unimportant notifications, remained,
unchanged.
The present is an era of reform. In four
years we have made the progress of CEN
fury. We cannot doubt a future for our
country more happy, more prosperous, and
moro glorious than the past, But "the
Union ss it was, and the Constitution as it
is" referred to the period of 1860, will never
again be realized. The English monarchy,
restored under Charles the IL, was not the
monarchy Of Charles the I. The France
of Louis the XVIII. was not tina France of
Louis the XVI The radiant glory Of the
future regenersted United States will not
be dimmed By the cloud which obscur ed
the lustre of her past history.
But the experience of our own country
has demonstrated In more than one in
stance that. change is not always reform;
and it ia incumbent on those who now pro-
pose to sweep away national institutions,
which are eoeval with the Government,
and which we have been taught to regard
as hardly less sacred than the Constitution,
to vindicate with good reasons the pro
posed revolution. Let US regard the pres
snces, (if any,) and the remedy offered.
The powers OF the Judicial department Of
the Government, IS at present constituted,
are distributed betWeed the District Courts,
the Circuit Courts, and the Supreme Court,
There are ten Circuit Courts, which are
sub-divided In districts at present forty
eight in number. PennfylVsnis and New
Jesrsey constitute the Third Circuit, diVid-
ed into the Eastern and Western Districts
of Pennsylvania, and the District Of New
Jersey. The District Courts have exclu-
sive cognizance of all civil cases Of Admir-
atty and Maritime jurisdiction all cases
of forfeiture and penalties, &C, and con-
currently with the Circuit Courts, Of all
cases in law or equity where the United
States are the party suing, and all orimin-
al cases, (exoept cspitsD An appeal or
writ ofarror lies from this Court to the Cir
cult Court, except in,eriminsl cases. The
District Judge holds his Office during good
behavior. .--.- .-....
A Circuit Court, composed Of an Associ-
ate Justice of the Supreme Court and the
District Judge, is held in each District ex-
ceptfng in few new districts in which the
District Courts are vested with all the pow
ers of Circuit Courts. In addition TO the
appellate Jurisdiction and that exercised
cotcurrentIy with the District Courts above
mentioned, and excepting the exclusive
Jurisdiction of the District Courts, the Cir
cult Courts have original cognizsnce of
nearly sll cases in law and equity to which |
the Judicial power Of the United States Is !
competent. An appeal or writ Of error lies
from this Court to the Supreme Court in
sill cases where the matter in controversy
exceeds $4,000.
The jurisdiction of the Supreme Court is
chiefly appellate, but it is vested with orig
inal jurisdiction in cases respecting embas-
ssdors or other public ministers, eonsuls,
&c, and where State may be a party.
The above Is 8 very imperfect outline Of
our present Judicial system. In Is opera
tion it has been found 70 be simple expsdi-