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day of February, as now is done; a Circuit | Another is deeply dissatisfied with the result Court, according to the present circuits, and of the Presidential election; 3d. Resolutions four new ones, to be formed from the circuit are poured in from every quarter for altering and the districts comprehending the nine States the constitution; 4th. The President is not yet in the Valley of the Mississippi. These ten quietly seated on his throne. To all these it circuits are to embrace all the districts in the may be replied, that the agitations of that State United States, excepting those of West New-sound more in words than in substantial damYork, West Pennsylvania, and West Virginia, alone. In every district but these three, district Judges alone shall be compelled to sustain district jurisdiction only, hold district rank, and receive district salary; in these three, with the same pay, and same rank, they shall be obliged to perform circuit duties, and sustain circuit jurisdiction. In each of the other districts, formed into ten circuits, justice shall be administered by a circuit Judge, sustaining the jurisdiction, holding the rank, and receiving the salary of a circuit Judge and a supreme Judge, at the same time; and these, united together, shall form a Supreme Court of ten Judges. These, sir, are the peculiar provisions

of the bill.

The resolution is intended to embrace another system. Each district shall remain as now. All the districts of the United States shall be formed into ten circuits. The whole United States shall be arranged into three great Supreme Court Departments; an Eastern, a Central, and a Western. In each district, as now, shall be a District Court, holden, as at present, by the same Judge, with the same jurisdiction, rank, and salary. In each circuit shall be a Circuit Court, holden at the same times and places as at present, and a circuit Judge shall be appointed for each circuit, with only Circuit Court salary, rank, and jurisdiction. In each of the Supreme Court departments, shall be holden a term of the Supreme Court once in each year. At Washington, Philadelphia, or Richmond, on the first Monday of January; at Columbus, Lexington, or a city in Tennessee, once in each year, on the first Monday in June; and at New-York or Boston once in each year, and on the first Monday of September. This court, so soon as constitutional causes shall have reduced it to that number, shall consist of six Judges, sustaining all the constitutional jurisdiction of the Supreme Court of the United States, and bearing the same rank, and receiving the same salary, as Judges of the Supreme Judicial Court of the United States now bear and receive. These, sir, are the provisions intended to be secured by the resolution. You therefore perceive, sir, that the subject of debate is a choice between the provisions of the bill and the proposals of the resolution. To me it seems proper, first to speak concerning the bill, and then to say a few things concerning the resolution.

Perhaps it may be needful, before debating the question, to remove some general and specific objections. It has been said, that this is an improper time to amend the Judiciary. Because, 1st. One of the States is agitated and embroiled with the General Government; 2d.

ages. Men whom we daily see here with us from that State, are too wise and too patriotic to suffer that or their country to receive any serious injury from these discords. One eminent citizen lately returned to her bosom, has exchanged too many and too high pledges with the nation, ever to give the aid of his influence to any unreasonable sectional demands; and without that aid, no such demands can be dangerous to this Union. After all, none of us can fairly say, that his question, growing as it does out of a treaty, either fairly or fraudulently made, threatening as it is represented to be, is of legislative, and not rather of judicial jurisdiction. It would be indeed surprising if a suit either at law or in equity, between parties of the highest rank, should ever agitate or endanger the government of this country. The other dissatisfied State has deposited a stake in the Union, too dear to her ambition to do or consent to a single deed, perilous to that depository. Her illustrious citizen is a candidate for the next Presidency. Will she abate the title, and sink the fee-simple of the whole estate, before she can place her tenant in possession of his term?

The numerous resolutions for altering the form of our government, will follow the numerous generations of the same race, which have gone before them. We shall discourse and vote concerning them; bind, letter, and deposite them in the legislative archives; and the million copies of them printed, and spread over the country, will survive as long, and subserve the same purpose, as does the fugitive fabric "in which they live, and move, and have their being." ." The people will (thanks be to Him who has blessed them with the right) if they please, and when they please, amend their constitution; all our profound reasonings, and patriotic recommendations, to the contrary notwithstanding.

The President does not, and I trust no Chief Magistrate of the United States ever will, sit on a throne. There now lives, and delightful is the hope that for many coming centuries there will live, in this first, and perhaps last, region of genuine republican governments, many a Junius ready to raise the hand, brandish the crimson steel, and swear by the Guardian Power of Nations, that in our Rome, while he lives, no king shall ever reign. The distinguished gentleman, now directing the executive affairs of the United States, was placed in his seat, in the same constitutional manner, as was one other great citizen of our nation, heretofore placed there; and I trust he will hold his place as securely, and as prosperously, as did that illustrious individual. Whether he will

have another term, is another question. The | solution of it depends on the nation and on himself. If that be not oblivious of its own interest; and if he continue to be the same profound scholar, the same enlightened statesman, the same ardent patriot, the same exemplary Christian, prophecy need not be invoked to tell us, that the nation will, for the usual period, continue to enjoy the benefit of his labors, and to participate in his fame.

Throughout the whole debate, the opposers of the system of the resolution misconceive, for they continually misstate, the objections made by the opposers to the system of the bill. They call them, 1st. A denial of justice; 2d. They pronounce them to be the same oppressive measures which originated the war of Independence; 3d. They denounce against them the "lex talionis;" 4th. They warn them that their Supreme Court will become odious to the people.

Does the present system deny justice to any man? Extra judicial causes may obstruct the course of it; but is that a denial of the right to justice itself? As well may they say, that, because the snags and sawyers of their rivers obstruct the passage of their vessels upon them, government, unless she remove those obstructions, denies the right of these people to navigate those waters. The opposers of this bill are not answerable for the inconvenient structure and slow movements of the old judiciary machine, or the diminished quantity of work produced by its operations. Neither do they propose to repair it by some two or three additional wheels, or any quantity of supplemental gearing. They do not believe it worth repairing; or that any amount of costs will put it in condition to do the judicial work of the nation even "pretty well," for any thing like "twenty years." They propose to rebuild it on the true constitutional model; and accommodate its structure, speed, and production, to the movements and wants of the present, and probable future condition of the nation. Adopt the system of the resolution, and you will have no obstruction, no delay, no denial of justice.

States; so, and so grossly, do we abuse "Heaven's first, best gift to man," language—the rich medium, by which alone, any portion of the treasured capital of intellectual opulence can be circulated in the world. We debase it to the very offices of the miser's woollen purse, which, elastic in its texture, adheres closely to his thumb and finger, cautiously introduced to extract a four-pence-half-penny; or stretches to the extended hand of his heir, thrust in up to his elbow, to clutch and draw out a fist full of eagles. Well might the lad swear "his sister should have no name; because a name was a word, and a word might be abused: and so his sister's good name might come to be abused by every clown."

Why are the Cpposers of this bill from the "Old Thirteen," threated with retaliation, by its advocates from the new States? Whom, and what do they menace? Their brethren, and the home of their fathers. "They went out from us," not "because they were not of us." They are still children of the great household, though settled upon, and cultivating different allotinents of the common inheritance. Their paternal sepulchres are with us; and will they leave us alone to defend them? The Scythian, though he might not fight for his pasture, his flocks, or his tent, yet, when retreat had brought him back to the grave of his father, would he there, by that consecrated mound, and in defence of it, make the deadly stand, and mortal battle. When, in our sober autumns, they visit us, as they often do, they see the frail memorial yet standing on the green hill-side, and may there read many a holy legend "that teach the rustic moralist to die.'

"The time will come," they exclaim, "when the government shall be agitated to the very centre: and we may want some boon, like that now demanded by them." The perilous day may indeed arrive, when our common country, debased by luxury, agitated by faction, hardened by ambition, arrogant by power, shall not, by piling all the massy and mountainous weight of our laws and institutions, upon this gigantic and bloody brotherhood of crime and slaughter, be What is there, in the opposition to this bill, able to hold them down subdued. In this treresembling the unfeeling and oppressive cases mendous day of national agitation and jeopardy, of the Revolutionary war? Are the opposers will these men, or the sons of these men, be kings? Are the advocates of it their colonists? found wanting? They will not. We are all Do these men, at their own pleasure, appoint, embarked in one great national vessel, bound on pay, and displace the judges of those courts? one great, and, we hope, long and prosperous Do they deprive them of the trial by jury? or national_voyage. Will they, in the night of do they, for trial, transport them out of the storm, throw overboard our share of the cargo, vicinage, and beyond sea? These were among with the vain hope of preserving their own? the causes which produced the War of the We know they will not. Will they, on some Revolution; and separated these States from lee shore, scuttle the ship to terminate the voythe parent nation. What in this procedure re-age? Will they, in the hour of assailment or sembles those causes? Yet this parallel has been drawn in this House; and the sketch, such as it is, published, sent over our country, and will be spread over Europe. "On eagles' wings, immortal scandals fly." The next importation of reviews will bring us a profound discourse or probable disunion of these

battle, pull down the colors and give up the ship? We say, we know they will not. Why, then, these unavailing threats? Brave men should never use them to brave men. Leave them for the accommodation of those who "die many times before their death."

Will the time then come, when our Supreme

The argument of my colleague, delivered to this House against this bill, in Committee of the Whole, has drawn from our honorable friend from Ohio, (Mr. Wright,) something like a re

tesy could utter a reproach, on Rhode Island. "She did not join the Union till the eleventh hour, and though so late herself at the wedding feast, would now hinder others at this late hour, from receiving their full share of it." Let the gentleman take the entire benefit of his sarcasm. Rhode Island did come late to the wedding. She was always late when national bounties were to be divided; but & ways early when national dangers were to be encountered. She was indeed, for herself, "last at the feast;" but she was, for her country, first at the fight..

Court shall be odious, unless the judges of it but could not circumscribe their adjudication; continue to perform their own, and the addi- and would subserve no other purpose than that tional duties of circuit court judges? This doc-of showing to the nation and the world, that trine is unknown to the constitution. That we neither regard the political rights of others projects a Supreme Judicial Court, separate and nor understand the limits of our own. supervising all courts of inferior jurisdiction. Will it become odious because it is supreme? Because neither the executive or legislative arm can demolish or diminish its power, or move a finger within the pale of its jurisdic-proach, if a gentleman of so much genuine cour tion? Or will it become odious, because it was established to protect, and will probably for ever protect, the people from the usurpations of their own national servants? Should it become odious because stationary, and jealousy may lead the nation to suspect that it is influenced by "the powers that be" and that act in this place? Make it then, sir, moveable, as the resolution proposes. Place it before the nation, in the great departments of our country, that the people may see, and we know they will then reverence this hallowed ark of our national covenant. What then, sir, are the judicial evils pressed This apprehended odiousness is but an appre-on the attention of this House by the movers of hension. Such a court cannot be suspected; this bill? They are: 1st-an accumulation of it cannot be odious so long as it is filled by the causes in the Supreme Judicial Court; and, 2dMarshalls and the Storys of our country. I do an accumulation of causes in the Circuit Courts not name these gentlemen in derogation of other of the west. For the purposes of this arguJudges of that tribunal; but because I have the ment, I agree with these gentlemen in the severhonor and pleasure of acquaintance with one al items of these evils; and in the sum total, of them, and because, not to know the charac-according to their stated account of them. One ter of the other would argue myself more un-hundred and eighty causes lie over, yearly, on known than, humble as I am, I can willingly acknowledge myself to be.

One thing further: Some opposers of the bill object, 1st-The augmented number of judges; 2d-These judges will be selected from the west, and bring into the court sectional prejudications; 3d-A majority law is to ride in upon the back of this bill, making the unanimous vote of six, seven, eight, or perhaps nine Judges necessary to a decision.

the docket of the Supreme Court. These remain there, continued from term to term, from three to five years. The amount of expenses to each party, at each term, on an average of all the causes, cannot be, for fees, attendance and agency, much less than six hundred dollars; so that probably all the plaintiffs pay yearly, one hundred and eight thousand dollars; and all the defendants a like annual amount. This accumulation, it must be confessed, will be greatly If adding three, and making the number of augmented when you shall, as proposed by the judges ten, were the only objection, I would bill, have removed the obstructions now literhave given the House no trouble on the present ally choking the channels of justice in the westoccasion. Ten judges may deliberate nearly as ern States. All the great causes accumulated well as six. It belongs to the advocates of this there in consequence of the entire deficiency of bill to prove that the greater number can de-judicial labor in that vast region, fertile as it is liberate better than the lesser number can. If represented to be by the friends of the bill, in they cannot prove this, why should the judicia-legal question and controversy, will, by the ry field be encumbered with supernumerary laborers, or the national means consumed in creating and paying sinecure salaries?

The second objection is, I agree, answered by the consideration that the President cannot, by law, be restricted to any district of the Union, in selecting judges of the Supreme Court. When he does nominate, I will not believe he will nominate, or the Senate approve any but men superior to all sectional, legal, or moral objections.

Congress cannot control the decisions of the Supreme Court. They, as a separate, co-ordinate, and independent power, received, like the legislature, their authority from the people, by the constitution. Such a law might encumber,

three new judges, and four new circuits, be speedily tried, adjudged, and appealed; or at least, a great number of the most heavy in amount and intricate in principle, will be appealed to the Supreme Court. In the west this accumulation is still more appalling; in some districts three hundred, some four hundred, some five hundred, and seven hundred causes; in all, from seventeen hundred to two thousand, lie over, untried, at each term; and the number is increasing to an alarming amount of accumulation.

These evils are to be remedied by this bill. The nine States of the Mississippi valley are arranged into four circuits; and three new judges are to be appointed as judges of the Supreme

Court. The reasons for this measure are wide- | not say the victim is not well selected for sacri

ly spread and of various character. They may, fice and for food; but they are utterly dissatishowever, sir, all be comprehended in three: fied with the richness of the garland. The viands 1st-it will equalize judicial administration: of justice are abundant and wholesome. They 2d--it will equalize judicial representation: 3d-only complain that they are served up and disit will equalize judicial knowledge of State laws. tributed to them on plain porcelain, and not on Judicial administration is said to be unequal, massy and glittering plate. Our country, sir, because district judges in the western districts our country is yearly doing miracles for the hold circuit courts, and decide great causes of millions of her children; and yet how justly life and property; while such causes are, in might she address to them the mild and merciother circuits, decided by judges of the Supreme ful rebuke of the Prophet of Nazareth: "Ye Court. These district judges are of inferior follow me not for the miracles which I wrought, rank; inferior salary; and of course, say the but because ye ate of the loaves and were filled." gentlemen, of inferior talents. This inequality The second great argument for this Bill, sir, was the basis of the able argument, made in fa- is, that it will equalize judicial representation. vor of this Bill, by the gentleman of the Judi- We are told by the honorable gentleman from ciary Committee, from South Carolina. Does Ohio, (Mr. Wright,) of the Judiciary Committhis Bill remedy this inequality? It does not tee, that our government is representative, and even propose to do it. In West New York, the Judiciary, because it is a part of it, is therewest Pennsylvania, and west Virginia, at least fore representative. The honorable gentleman one million of people are left to endure this in- from Massachusetts, (Mr. Webster,) chairman equality. Away then with all pretensions to of the committee, has told us that the extent of equality, when you exclude one-tenth part of the number of judges of the Supreme Court the people from all benefit of your new system. must be limited only by the line of practical inThe gentleman from Louisiana, aware of this convenience. This is, indeed, heterodoxy in difficulty, claims this system for each State. politics. No such doctrine can be found in the "It is enough that our pride demands it; enough constitution. What does it mean, this judicial that it will gratify our pride." "If it will feed representation? Is it a representation of the nothing else it will feed" our pride. Be it so talents, science, and legal learning of the severthen; but let the indulgence be equal. Let al States? If so, why did not the constitution every State have her judge; for every State provide that a judge or judges should be selecthas her something whereof to be proud. If ed from a particular State, or number of States? judges are to be allotted by this ratio, we shall No such provision is found in the constitution, all give the first rank to Virginia; and the same as made by the people; nor can Congress, in reference to revolutionary glory will give the the plenitude of their power, now add such a second to Rhode Island. If, in the last war, provision to that great political charter. The Tennessee were justly proud of her Wellington President and Senate have, therefore, the whole of the West, might not the sea-green Island of range of the United States for nomination and New England, with equal pride, as fairly boast approval; and talents, learning, and integrity her Nelson of the Lakes? This question of are excluded from the bench by no sectional pride, I am willing to own, has little connection disqualification. A representation of these exwith the appointment of judges. States are not alted qualities, then, can form no part of that recognized in the judicial system of the nation. judicial representation, intended to be secured By the constitution they are amalgamated; by the provisions of this bill. and by the law of 1789, they were divided into districts and circuits; and their several boundaries are no otherwise regarded than as the limits of these judicial territories. These were established not to create offices and salaries for individual benefit, but to dispense that justice which, by the Constitution of the United States, the government promised to provide for the people.

What instance, sir, of injustice has been detailed in all this debate? No error of intention, no error of neglect, no error of ignorance has been set down to the account of these meritorious and much-abused district judges. The smallest and the greatest causes have been examined and adjudged, with the most scrupulous regard to justice. Not one judicial injury has been done by these men throughout those whole nine States. It is not for lack of justice that they cry out; but for lack of rank and salary. They are satisfied with the service of the altar, but not with the grade of the priest. They do

It must, therefore, sir, be, that political representation is to be secured by this system. A judge must bring a knowledge of the statistics of his circuit, into the Supreme Court. He must lay before the learned bench the extent of its territory, amount of its population, capital, labor, skill, production, commerce, consumption; and all the various details of "the nature and causes of the wealth of States," Not to know these things would disgrace the character of any man of science and knowledge in the nation; and, therefore, instituting a system of judicial law, with any view of bringing the learned bench of our Supreme Court acquainted with these things, would not only be utterly useless, but highly derogatory to that distinguished body. What have they to do with questions of this kind, as judges? Is not the smallest, equally with the largest, the poorest, equally with the most opulent and flourishing State, entitled to justice before the Supreme Judicial Court of the nation?

Still the advocates of the bill demand politi- | and rights of things, to be cherished and procal representation in this tribunal. Although tected; and all the wrongs of persons, and they have not committed themselves to the wrongs of things, to be eschewed and punished; restraint of definition, yet, if their representa- and, moreover, cover them all with a great and tion be not of talent, if it be not of statistics, healing system of protection and remedy. No then, sir, it must be a representation of the man can be elevated to the Supreme judicial political parties of a State. It must compre-tribunal of our country, without comprehensive, hend all the great doctrine of electioneering; minute, and extensive knowledge of these laws. the whole learning of public address, either 3d-These cases are to arise under the constifrom the press or the stump; and the entire tution. This judge must, then, make himself array of interests, sections, families, patronage, acquainted with every various construction of proper to be brought into service, to push a that instrument; and be, in all respects, a great man either into office, or out of it. Can any constitutional lawyer. 4th-Or they are to individual not lost to reason, desire a plan for arise under the laws of the United States; for carrying this kind of representation into the adjudicating such causes, therefore, he must be Supreme Judicial Court of our country? The equally and profoundly read in the laws and naked possibility that such an event may ever constitution of our country. 5th-All cases of happen, fills the mind with horror. Well might admiralty and maritime jurisdiction come before the honorable gentleman from North Carolina him. The principles governing these cases, exclaim, in the fulness of patriotic indignation, comprehend the laws of ships, freight, wages, "that it would, indeed, be abominable." From insurance, prize, ransom, salvage; and all the whatever point of view, therefore, sir, you look laws of the sea, now extant, originating since at this political representation, in our august the Phoenician mariner first spread his purple tribunal of national justice, you see it at war pennon to the light breeze of the Levant; or, with the constitution, and abhorrent to the more adventurous, drove with oar and sail his principles of reason, and the feelings of pa- foaming prow out between the pillars of Hertriotism. cules. 6th-The constitution, laws and treaties of the United States, are the supreme law of the land, notwithstanding the constitution and laws of any or all the several States may conflict with them. Such a judge must, therefore, have studied the laws of every State, so far as they are to be compared with the laws, or treaties, or constitution of the United States. 7th-Cases where a State is a party, come before the Supreme Court originally; but States may be made parties where citizens of the same State litigate land-titles derived from different States; a judge of the Supreme Court is, therefore, bound to know all the land laws of such cases, as well in these western States, as all others in the Union. 8th-Questions between States are of original jurisdiction in the Supreme Court. A judge of that court must, therefore, know all that relates to original charter, or boundary law of each State; as well as all confirming or conflicting State law, or adjudication, on all such questions as may come before him, on trial between such high contending parties. How, sir, shall he make himself master of all these various, and almost innumerable laws? Why, sir, truly, not so much from the practice of courts, or conversation with men, as from books; from his twenty years' conversation with those great, and though silent, yet communicative masters of the treasured erudition of past ages. Can he not, then, sir, learn what it may further befit him to know of any other laws, in the same manner, and by the same diligence? Can he not learn this, also, from books? What is it? Why, sir, the statute alteration of the Common Law in each State, and their court adjudications upon such statutes. These are all contained in their books, or in the records of such decisions. These nine States have no "lex non scripta;" no local Common

The third great reason, sir, offered in support of the provisions of this bill, is, that they will equalize a knowledge of State laws. This argument is unsound. Because, 1st-No such inequality exists; and 2d-if it did, the method here proposed would not afford a remedy for it. Consider, if you please, sir, what, by his oath, a judge of the Supreme Court is fairly presumed to know; the extent and variety of his law learning; and the questions which may come before him either by original jurisdiction, or appeal. 1st-All causes of ambassadors, other public ministers, and consuls. Here may be, and is, required, extensive knowledge of the laws of nations. 2d-All cases in law and equity. The requirements of these will spread before him all the principles of the common, and all the principles of the civil law. These two great codes dividing the empire of almost the whole civilized world, not by perpetual war, like the German and Roman, who originated them, but with a peaceable, common, and, in many countries, a concurrent dominion -remain to nations as a kind of imperishable memorial of the conquests of mind, when those of arms have long since ceased to have a place on the earth. They remain to these United States, and to each of them. They were brought to this country by our ancestors; who shared them with their countrymen, as an unalienable portion of their political heritage. They are the great elements of all the laws of all the States. Wherever a drop of Saxon blood circulates in American veins, there, the people's law, the common law, is the citizen's birthright. There, too, the civil law, the controlling and ameliorating principles of equity and good conscience, are found and enjoyed. These mark out, and designate, all the rights of persons,

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