Abridgment of the Debates of Congress, from 1789 to 1856.

518 ABRIDGMENT OF THE SENATE.] The Judicial System. [APRIL, 1826. ity. One-fifth is more than one-seventh. You nature, that will require much consideration require six out of ten, that is, one in five; you before a majority of that House will yield its require now only one in seven; the majority, consent. therefore, by this bill, will be greater. Mr. VAN BUREN said he had listened with Mr. WHITE, of Tennessee, said he should not great attention and profit to the gentleman discuss the general principles of the bill, or from Kentucky, on the subject of his proposed the amendments of the gentleman from Ken- amendment; but he could not vote for it in tucky. For himself, whatever opinion he en- the form in which it now stood. Not that he tertained of the principles involved in these was opposed to the principle, but he did not amendments, he should be constrained at pres- think they were properly connected with the ent to vote against them. The object of the bill now under consideration. The general first amendment was to modify one of the rule, Mr. V. B. said, which would influence his sections of the original bill passed by the mind on this subject, had already been stated House of Representatives. According to that, by the gentlemen from Maine and Tennessee; said Mr. W., the Supreme Court is to consist his object in rising was to state one or two of ten judges, and six of these are to form a facts. With respect to the first branch of the quorum for doing business. The first part of amendment, which required a certain number the amendment proposed by the gentleman of judges to unite in the decision in certain from Kentucky, is to require the concurrence cases, that subject was proposed when this bill of the opinions of seven of these judges, in a was under consideration in the other House; certain class of causes that may be brought it was discussed at large, and was resisted there before them. The second part of the amend- on the same ground on which it is resisted ment embraces a new principle; it is a new here, and was finally rejected. It was in order, subject, not touched upon in the original bill and proper, Mr. V. B. said, to advert to it. in any of the sections. For myself, were I They knew, in all probability, that the adopever so well satisfied that both the principles tion of it here, would serve no other purpose embraced in the amendment offered by the than to retard the passage of the bill, which he gentleman from Kentucky, ought to be adopt- believed was necessary should soon be passed, ed, I should be decidedly of opinion that neither that the advantages expected to be derived of them ought to be incorporated with the from it might soon be realized. present bill. I believe it is a matter of great With respect to the second branch of the importance, that this bill should pass-firmly amendment, that subject also had been referred believing, as I do, that a large portion of the to the Judiciary Committee, and had received United States will be benefited by having, a good deal of their time and attention; and effectually, the operation of the Circuit Courts for himself, Mr. V. B. said, he thought the of the United States. I should not feel justified amendment proposed by the gentleman from in adopting any amendment whatever, which Kentucky, with some modification, would would endanger the passage of the original bill. remedy the existing evil. The proposition was What will be the effect of introducing the pro- in itself proper and right; and he should be posed amendments? The probability is, that willing to unite in a report of the Judiciary they will defeat all the benefits that are ex- Committee, recomending its adoption, with pected to be derived from an extension of the some alteration of the details. There is a bill circuit courts to nine of the States of this now pending in the other House, containing Union. It will defeat all the benefits which the same provisions, as far as the United that portion of the United States expected to States are concerned. When that bill came derive from an improvement in the Judiciary here, Mr. V. B. said, or when the Judiciary of the United States. We are now acting on Committee were referred to on the subject, he a bill which has passed all the forms of legisla- would lend his aid to carry into effect the tion in the other House: and if we adopt this views of the gentleman from Kentucky on amendment, what is the consequence? The these two objects. He was certain that some bill must be returned to the other branch of modification would be necessary; it was an the Legislature for their concurrence; and it is object that had but recently been brought not probable that they will take them up to before them, and, connected with this bill, he give them that deliberate examination which was opposed to it, for the reasons he had stated. will be necessary, to gain them the sanction of The question was then taken on the amenda majority of that Hlouse. If they are intro- ment, and lost. duced here or there, in the form of a distinct bill, it will have three readings, and there will be ample opportunity for the discussion of the TUESDAY, April 11. principles on which each branch of the amend- Jzudiciat System. ment rests; and after undergoing a fair and Mr. RoB13INS, of Rhode Island, addressed the thorough consideration, it will be adopted or Senate, as follows: rejected. I am unwilling to jeopardize the The only effect of the proposed amendment, benefits which will result from the original is to apply the present system to parts of the bill, by introducing these amendments, or any country to which it is not now applicable; so far other, that embrace any principle of a general it is a remedy, such as it is; so far it supplies

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 518
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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