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

DEBATES OF CONGRESS. 633 JANUARY, 1826.] Judiciary System. [H. or R. ed by the gentleman from Pennsylvania, on is, therefore, no longer, Whether the interests Saturday; that, on all subjects of general in- of the Western States require the passage of terest, one desires to express his sentiments in the bill-whether they shall have a greater or his own way, however little he may hope to less share in the benefits of the system given better the arguments which may have been be- to them? But whether it be not now necessafore used. ry, and the bounden duty of the Legislature, Could he flatter himself that he should suc- while calm and composed, and having a view ceed as well, in giving efficient support to the to the immense growth of the country, to fix advocates of the bill, who had preceded him, and establish a permanent system, with a view as that gentleman was believed by many to to the respective rights and interests of all the have done to its opponents, he should proceed States, and of every class and denomination of with great alacrity. While the bill was dis- suitors, falling within its jurisdiction? It was cussed in the Committee of the Whole, he felt with a view to such inquiries he was induced disposed to listen to others, and more particu- to offer the present remarks. larly to the proofs and arguments of the mem- In the first place, he would inquire if the bers from the West; but, since the resolution present system can be so extended as to ensure last offered by the gentleman from Virginia, the objects in view? He had reference now to for a recommitment of the bill, with the in- a particular extension, with a view to meet structions proposed, had been before the House, present exigencies. he had viewed the question which it involved In the last short View, taken by the Chairas one of the highest interest to every portion man of the Judiciary Committee, his statement of the country; as a most hazardous experi- was, that, as the States west and south, bement to prostrate the whole fabric of the Ju- yond the mountains, could not be reconciled diciary, and to build it up in a new form, and but by having the' Circuit Judges extended to of new materials. On these grounds, though them, the committee had proposed such an with great diffidence, he was induced to offer entire plan as they thought -would suit the conhimself before the House. He approved whol- venience of all. Less than ten judges, the honly of the bill upon the table, and would advo- orable Chairman of the committee had said, cate it in all its parts, not only as affording the would not answer the purpose; but by classbest remedy for existing evils, but as calculated ing the States for circuits, as they had done in to confirm and fix what he considered the fit the bill, the system would be perfected, and and proper Judicial system for these United might remain adequate for twenty or even fifty States; an establishment which had been raised years. With great deference, Mr. K. expressed up by some of the first founders of the Gov- his conviction that, if the bill should pass now, eminent, and which ought, in his opinion, to so as to satisfy the present wants of the counbe still preserved. He approved the bill as a try, it would not only answer all purposes for remedy for existing evils, and as preserving, as the period supposed; but, by a similar extenhe conceived, the vital principles of our Judi- sion, and an addition at some future time-say cial establishment. He would endeavor to of two more judges —in any, the most expandmaintain the docrines, by discussing and refut- ed views of our increasing population and legal ing, as far as he was able, some of the objec- business, the system would continue to be adetions which had been offered against the bill. quate to its ends for one hundred years. He, On the decision of this question, said he, therefore, accorded fully with the views of the hangs the destiny of that great co-ordinate committee, and considered the plan of extenbranch of Government, the Judiciary of the sion the true one; because it gives permanency United States. Whatever apprehensions may to the system, and recognizes and fixes the be felt or affected, in relation to the tendencies vital principle of a union of the courts. which this bill may give to it, in the future The motion which had been made to recomexercise of its high functions, if you substitute mit, with instructions, had been founded on for it the scheme proposed by the gentleman two objections, which go against the whole from Virginia, I venture to assert that you will system of the bill: it was objected, in the first endanger the constitution and the Judicial sys- place, that the Supreme Court would be too tem, in the very manner which has been im- numerous; and secondly, that it was inconveputed to the operation of this bill. The ques- nient and dangerous to keep it united with the tion is not now between this House and the Circuit Courts, and to require the judges to sit people of the West, claiming an extension of in both. In relation to the first objection, he Judicial means to clear their accumulated dock- was aware of the theory, in which it was genets; but it is, What shall be, hereafter, our erally maintained, that the number of judges permanent system of judicature, in form and who were to decide, in any judicial forum, character? We cannot, at this time of day, should not be too numerous, because the tufulfil the injunctions of the constitution, or the mult inseparable from large assemblies, is insoleinn declaration, by the people of the Unit- consistent with the patience and attention ed States, with which it is prefaced, that one requisite to judicial investigation; and that of its primary objects was " to establish jus- when judges were numerous, they divide the tice," without extending the system in the shame of an unjust decision, and take shelter manner prescribed by this bill. The question from responsibility under the example of each

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 633
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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