The Portland daily press., 1866-05-04
tn Correspondent.
To Advertisers.
The Federal Judiciary.


The Federal Judiciary.
An important bill has passed the Senate OF
the United States, to change and re-organize
the judicial system of the Federal Courts. IL
passed without discussion, except upon Ger
tain amendments; and it is important, mere
fore, that the attention OF the press, anu OF the
bar, should be called to its provisions.
This bill, if it becomes law, VIII apoils Il
the Circuit Courts, and transfer their Jurlsdic-
ton, with all pending cases, to the present
District Courts, which alone are to have orisl-
nal jurisdiction.
Instead of the Circuit Courts, there IS to be
in each Circuit Court of Appeals, composed
of the several District Judges, and the Judge
of the Sunreme Court residing within the Cir
cuit. any three of whom may hold court.
Criminal cases determined in the District
Courts may be reviewed by the Courts of APP
peals upon writs of error. And all civil cases
in which the amount in controversy exceeds
FIVE hundred dollars may be carried up by ap-
peal, to be tried upon both law and fact in the
Courts of Appeals.
The decisions in the Courts of Appeals are
final and conclusive, both in la,c and fact, in
all cases where the amount in controversy is
not more than ten thousand dollars, with
some exceptions, most of which are subject to
the discretion of the Courts, whether to allow
an appeal. So that practically, in the great
body of cases in which the people are interest
-snv<
ed, the Court of Appeals in Circuit, when
may be held by three District Judges, is the
Court of last resort, in questions of law, as
well as of fact. An effort was made to change
this feature of the BILL But a majority OF the
Senate were of the opinion that it was impor-
tant for the Judges of the Supreme Court to
sit in the Courts of Appeals, and that this
would require so much time that they would
be able to have but brief session for ques-
lions Of law. The Courts of Appeals were
therefore made practically courts OF final Ju-
risdiction; and the right to be heard before the
Supreme Court was purposely limited to a
class of cases that would be sure to be COM
paratiyely small in number. 9t5 20
The intrinsic weight of the reason assigned
for this, cannot be denied. 1t must, we think,
be conceded, that the Judges of the Supreme
Court are better qualified to determine the
questions of law presented to them together,
by being brought in contact with the people
and with the practical application of legal
principles to the affairs of life and business, in
their duties on the circuit. Such, at least,
has been the prevailing opinion, in this coun-
try, and in England. And if it were possible
to secure this in the future, as we have in the
past, we should strenuously object to any
change in this respect.
But the wonderful expansion OF our coun-
try iu territory, population, aid business, has
made it impossible to continue that judicial
system which was formerly sufficient. The
Judges of the Supreme Court, if they perform
circuit duty, cannot possibly do the business
that is brought before them In bank. They
are now about three years behind; and the
unfinished business is continually increasing.
This is already amounting to denial OF JUS
tice; and the necessity for some plan OF re-
lief is therefore imperative. .aA la
Assuming that change must be made, it Is
clear that it should be radical and thorough
enough to meet the case. The worst OF all
evils is constant tinkering of the judicial
system. The very tenacity with which we
would cling to that which has long answered
our purpose, would lead US, if we must have
change, to make it sufficient to prevent the
necessity of any change in the future.
The fault, in our judgment, with the bill
that has passed the Senate, is that it does not
meet the question with sufficient holiness.
As important as it would be, if possible, for
our Judges to keep themselves familiar with
nisi prius duties, it is not indispensable. But
1t is indispensable that we should have one
national court, with jurisdiction sufficiently
extensive to subject the widely diversified in
terests of our great country to one standard,
and to measure right and justice to all sections
with firm and steady hand Such balance
wheel to our complex political system we
must have, or the strength, cohesion, and uni
ty of our government cannot be maintained.
Ten separate Courts of Appeals, with different
rules, different judges, and different principles,
will tend more to divide, than to unite. One
Central Court above them all, revising and
harmonizing all their decisions, reducing them
all to one compact, symmetrical system, open
to suitors of all classes, guarding with watchful
care the rights of all, is SO essential, that ii
must be secured, whatever else is waived, OF
lost.
Especially at this time, when the founda-
tions of society in the South are broken up;
need the paternal care of the federal govern
ment; when sectional jealousies are rife, and
the spirit of the rebellion is but half subdued,
the Jurisdiction of the Supreme Court ought
not to be abridged, nor the final jurisdiction OF
the District or Circuit Courts enlarged. Our
present system, with all its delays, is prefera-
Bile to such a change
But if we must have change, and juris-
diction of questions of law as extensive as
that now exercised will prevent the Judges OF
the Supreme Court from performing any cir
cult duty, let it be SO. We must accept it,
from necessity, if not from choice. John Jay,
our first Chief Justice, recommended such a
Court. Our present system, with the ap-
pointment of Circuit Judges for the Circuit
Courts, thus relieving the Judges of the SUI
preme Court from all such labor, would, in our
judgment, be better thaa the new system
proposed by the Senate; though there may be
reasons for postponing such a change until
after another Presidential election.
The Reconstruction Policy Of Congress.
The report of the Congressional Committee
Fifteen was most opportunity made public
at the very time when the Democratic press
was proclaiming that the Republicans were