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

532 ABRIDGMENT OF THE SENATE.] Landfor the Indiana Wabash and Lake Erie Canal. [APRIL, 1826. utation with the public, but the desire to main- which exist with respect to the system of the tain his weight and consideration with his breth- bill on your table. ren of the bench. The benefits to be derived Mr. RANDOLPH addressed the Senate for upfrom the intellectual discipline of presiding at wards of an hour in opposition to the bill. nisi prius are, in my apprehension, very limited. The question was then taken on the motion It is said that a judge, exercising appellate juris- to recommit, and was decided in the negative, diction, is likely to become abstracted and im- by yeas, and nays,-yeas 8, nays 34. practicable. It is not easy to conceive how this The bill was then reported to the House, and should happen in any injurious degree, when he the amendment made in Committee of the Whole is daily conversant with the details of business, concurred in. and the practical operation of human affairs. The nisi prius discipline may render a judge more prompt and acute, and teach him to rely pril 15. on his own resources. He may be a better judge The bill " further to amend the Judicial Sysof men, and more able to detect the perjury of tem of the United States," was read a third time, a shuffling witness. But I am not aware that passed by yeas and nays, and returned to the these qualifications will render him more fit to House for concurrence in the amendments. discharge the duties of a judge in the last resort. YEAS.-Messrs. Barton, Bell, Benton, Chambers, An Old Bailey solicitor is likely to be prompt, Chandler, Chase, Cobb, Eaton, Edwards, Harrison, acute, and dextrous, but I should not expect from Hayne, Hendricks, Holmes, Johnson of Kentucky, him a very profound or correct judgment on a Johnston of Louisiana, Kane, King, Lloyd, Marks, difficult or intricate subject. A judge who em- Mills, Reed, Rowan, Ruggles, Sanford, Seymour, ploys all the intervals from his appellate duties Smith, Tazewell, Thomas, Van Buren, White, Wilin presiding at nisi prius, must come to the dis- liams-31. charge of those duties with a mind exhausted, NA Messrs. Berrien, Branch, Clayton, Find with habits unsuited to deliberate investigation. lay, arper, Macon, Randolph, Robbins Perhaps an appellate judge ought to be, in some degree, abstracted and impracticable-at all THURSDAY, April 20. events, not so practical and dextrous as to ac-Land for the Irndicana Wabash and Ike Elie commodate his rule to what he conceives fitting Cza. in every particular case. Under the system The Senate then proceeded to consider, as in proposed by the amendment, the judges of the Committee of the Whole, the bill to grant a Supreme Court will discharge a portion of nisi certain quantity of land to the State of Indiana, prius duty-as much as can be serviceable by for the purpose of aiding said State in opening way of discipline, without overburdening them, a canal to connect the waters of the Wabash or giving the peculiar and exclusive character River with those of Lake Erie. of nisi prius judges. [This bill grants for this purpose a quantity It is said the judges should not be shut up at of land, equal to six sections in width, embracWashington; that they are likely to have an ing the land on both sides of, and most conimproper devotion to the power of the Govern- tiguous to, the canal, from one end to the other, ment in whose service they are, and from which subject to the disposal of the State Legislature.] they derive their support; that this is to be cor- A short debate took place on this bill. It rected by the judges residing in the various was opposed by Messrs. CHANDLER, HOL:MES, States, and having intercourse with the people; COBB, and FINDLAY, as a wild project in atthat, having political functions to discharge, they tempting to carry a canal through such a wilshould be conversant with public opinion, and derness, nor was the length of the canal specified, imbibe the spirit of the times; that this is not and all the land which would be improved or only necessary to fit the court for discharging rendered valuable by it, would be reserved to its duties ably and with safety to the rights of the State. lir. FINDLAY expressed his willingthe States, but to command that public confi- ness to assist it by subscribing for stock as they dence in the court which is necessary to support had done for other canals. it. By the amendment we propose, the judges The bill was supported and defended by will, in general, reside within the limits of their Messrs. HENDRImcs, HARRISON, and JOHNsON, circuits, and, consequently, be dispersed over the of Kentucky, who urged the practicability and United States. They will have a wider inter- importance of the canal, and the incapacity of course with the people than at present, and, the State of Indiana to effect it without the aid consequently, more ample means of ascertaining of Congress. public opinion. It is difficult to foresee the op- The following observations of one of the lateration of any new system beforehand. There ter gentlemen, will serve to explain the grounds may be something in the plan we propose, to on which the bill was advocated. prevent its working successfully. Yet it seems Mr. HENDRIICS, of Indiana, said, it would be that it is necessary to do something, and we unpardonable in him, at this late period of the must adopt what seems least objectionable. The session, to detain the Senate by a speech of any plan proposed by the amendment, seems likely considerable length. On this subject, however, to remedy the inconveniences of the present sys- it is perhaps unnecessary for me, said Mr. HENtem, without being liable to the objections DrnCKS, to give any assurances, for it has not

Pages

About this Item

Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 532
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

Technical Details

Collection: Making of America Books
Link to this Item: https://name.umdl.umich.edu/ahj4053.0008.001
Link to this scan: https://quod.lib.umich.edu/m/moa/ahj4053.0008.001/534

Rights and Permissions

These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Please go to http://www.umdl.umich.edu/ for more information.

IIIF

Manifest: https://quod.lib.umich.edu/cgi/t/text/api/manifest/moa:ahj4053.0008.001

Cite this Item

Full citation: "Abridgment of the Debates of Congress, from 1789 to 1856." In the digital collection Making of America Books. https://name.umdl.umich.edu/ahj4053.0008.001. University of Michigan Library Digital Collections. Accessed June 21, 2025.

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

Annotations Tools

Actions

About this Item

Technical Details

Rights and Permissions

Related Links

IIIF

Cite this Item