FEB. 16, 1830.] The Judiciary Bill. [H. of R. The honorable member from Pennsylvania added one groundless. Candor requires the admission that it is not more objection to any system which should detach the without force; but I think its importance has been overjudges from the circuits. He feared it would seriously rated, and that it is, perhaps, counterbalanced by the impair the ability of the judges to perform their duties; evils which may follow from the union of circuit and appelthat they would gradually become less and less fit to de- late duties. cide upon the ever varying codes of the different States; be What are the characteristics of a really useful judge? less acquainted with, and at length nearly lose all recollec-Integrity, legal learning, and what is sometimes called tion of, the peculiar local laws of the States; that, by being plain, practical, common sense; that knowledge of human withdrawn from the active duties of the circuits, motives nature, of men and things, which is obtained by an interto exertion would cease; the judges would become less in-course with the world. Technical learning is not all which dustrious, the judgment lose its vigor; for, as he remark- is necessary. It may be too refined, too metaphysical, (if ed, exercise is required to preserve it, and the judge the expression may be allowed with reference to this subwho decides the most causes is likely to decide them ject,) sound common sense must be added to it; both best. united make a learned and a practical judge. How is To that part of this objection which has reference to the requisite legal knowledge obtained By study, rethat thorough knowledge of the local laws of each State flection, arguments of counsel. From what source is the which the judges should possess, and which supposes that knowledge of men and things obtained? By reading, obit can be obtained and preserved only by the performance servation, and intercourse with the world. Does it reof circuit duties, several answers may be given. quire the aid of a circuit court system to obtain this know If it be well founded, it proves too much, for then there ledge? Is not the present chief justice as competent to would be no necessity of allowing an appeal to the Su- discharge his judicial duties, as though the docket of the preme Court, in any case depending upon the construction circuit court which he holds required much active emof local laws. The judge at the circuit would, if the prin-ployment to dispose of it? Does not his closet witness his ciple involved in the objection be extended, decide it, not devotion to the study of legal science? And has he not only there, but in the appellate court. If his knowledge daily intercourse with his friends and neighbors? And of these laws is necessary to aid him in the discharge of does he not furnish a living example of a learned as well his appellate duties, his brethren on the bench will need as useful judge, without the aid derived from much active the same knowledge. And if it is to be obtained only at duty at the circuit? The duties of a nisi prius judge do the circuit, it is then to be communicated to the other not admit of much elaborate examination. Questions of judges, which will supersede an examination in such cases law are of necessity decided oftentimes without time for by them, and thus the decisions will be made to rest on the deliberate reflection. The judge of such a court should opinion of a single judge. In my opinion there is no ne- be quick of apprehension, but he obtains there no great cessity for a judge to hold a circuit court, to enable him to expansion of mind. It is not a school to furnish even the become acquainted with the local laws and the different elements which constitute the essential charateristics of a codes of the different States. How is a knowledge of judge of the highest judicial tribunal of this nation. them obtained? From the statute books, the books of re- I might add that those who are appointed to this high ports, the treatises of learned men, the discussions at the office, are, and will be, ordinarily, if not always, taken bar. Are not all these within the reach of the judges of from extensive practice at the bar; and who, therefore, the Supreme Court here? Have they not the benefit of come upon the bench with all the advantages of a long and all these sources of information while sitting in this city? uninterrupted exercise of the powers of the mind, employAre not members of the profession called to discussed on subjects connected with their new duties, and that questions of local law before the Supreme Court? Have there is little danger to apprehend that these advantages will we not seen distinguished members of Congress discharg-be impaired or lost if they are separated from the circuits. ing their professional duties since we have been here? But is there no evil which attends the system which reAnd is there any danger that they will not have such respect quires the performance of the circuit duties? Has the to their own characters, and the importance of the trust profession never seen nor heard of what is sometimes callreposed in them, as will induce them to furnish the ed pride of opinion? Are judges exempt from its operacourt with all the means necessary to enable it to pro- tion? Do they not possess any portion of that nature which nounce a correct judgment? Must the judges attend at is common to the species? Are they not men? And is there the circuits to obtain the benefits of the arguments of coun-no danger that this pride of opinion will be carried from sel, to know the contents of a statute book, a book of re- the circuit to the appellate tribunal? ports, or the treatise of a jurist? Will not a judge, whose I need not reply to the suggestion that a separation learning and talents entitle him to a seat on the bench of from the circuits will cause the judges to be less industhat court, be able to apply his knowledge of principles trious. The honorable member from Pennsylvania furto the construction of local laws? Will he cease to feel a nished it when he pointed out with so much ability the vadue respect for the station he fills, for the rights of parties rious and important duties which they were called to persubmitted to his decision, to the oath which he has taken form-the high and transcendent powers with which they to discharge his duties faithfully and to the best of his were invested-the extended jurisdiction which they posability, the regard due to his own reputation? Will he sessed-in cases involving principles of constitutional, staforget all these when he is withdrawn from the circuit? tute, civil, common, admiralty and maritime, and equity Examine the reports of adjudicated cases in the Supreme law. With such duties imposed, and such jurisdiction and Court. Is there to be found in them any want of know-powers conferred on them, indolence can have no place. ledge of local laws by any one of the judges, though he Constant application and untiring industry would continue may never have held a circuit court in the State where to characterize, as it hitherto has done, the judges of the such laws are the basis of the decision which he pro- Supreme Court. nounces? I have endeavored, as briefly as I could, to present the There remains to be considered that part of the last ob- views which I entertain of the bill which has been offered jection urged by the honorable member from Pennsylva- to the consideration of the committee. I shall not tresnia, which is founded on the supposed necessity of per-pass upon their patience by a recapitulation of them. My forming circuit duties to obtain and preserve that vigor of thanks are due for the indulgence which has been so libejudgment which is indispensable to a faithful discharge of rally extended to me, for the kind attention and the pathe duties of a judge in the appellate tribunal. And I am tience with which the committee have listened to my crude not disposed to affirm that this objection is altogether and desultory remarks. I cannot, however, resume my H. of R.] The Judiciary Bill. [FEB. 16, 1830. ation of judges in the Supreme Court, until it is broken down by its weight, and stripped of every thing which commends it to the people. There are, essentially, but two plans brought before the committee by the bill or the amendments proposed; one is, to leave the Supreme Court as an appellate court, and create circuit judges for circuit court duties; and the other is, to enlarge the Supreme Court as far as it is necessary to have judges to ride the circuits; and, I suppose, to add occasionally a judge or two to the Supreme Bench, just as they may be wanted on new circuits. I ask the serious attention of gentlemen to the principle of these plans or systems. Any plan can be filled up in detail, if we can but settle upon it. seat, without once more invoking their attention to the pa-uniformity in the exposition of the law, we must have a ramount importance of this bill, connected, as it is, with uniform and permanent system in its administration. Let the highest judicial tribunal of the nation. The tide of us now look after such a system. It may be found with party prejudice and feeling, and of popular excitement, out difficulty. But let us avoid as a calamity this augmentmay roll in upon us like a flood. In its desolating course it may lay waste and destroy many of our valuable institutions. The baleful and corrupting influence of party spirit may enter other departments of the Government; but preserve inviolate the integrity, the independence, the sense of individual responsibility, the learning, of the Supreme Court, this ark of the political covenant, and the public confidence in it, and all will be well. The Government will be safe. These feelings of prejudice and party will subside. This popular excitement will cease. Impair or destroy these essential characteristics of this august tribunal, and all will be lost, irretrievably and for ever lost. Mr. ELLSWORTH said: After the minute and protracted debate upon this bill, I cannot flatter myself that I shall be able to enlighten or interest the committee, by present- I shall not deny but that, as far as practicable, we are ing my own views. Nor can it be necessary, after the able bound to give to every part of the country an equal par remarks of my colleague. I will solicit your attention only ticipation in the judicial power of the constitution. The to some general remarks in opposition to this bill, and to friends of this bill set out with this position; and I shall not some reasons which induce me to prefer another. I have deny its truth, though I shall show that even they do not the honor of serving on the honorable committee with act up to it; nor can they upon the system proposed in the whom this bill originated; but after the most mature con- bill: and herein is one of its defects. There is a system, sideration I have been able to bestow upon the subject, I however, which will carry into effect this principle; but it have come to a different conclusion from the majority of is not the system of this bill. Permit me to remark, sir, that we ought always to approach the judicial power of our constitution with the utmost circumspection and jealous vigilance. Here, truly, lie our best hopes and expectations. of the committee. I listened with pleasure to the able and Every wise man will concede to me, that nothing should lucid arguments of the honorable chairman [MR. BUCHAN-be done which is calculated to subvert the Supreme Court. AN] who opened this debate. He said, and in the best Nothing should be attempted which will seriously jeopar manner, all that can be said, and fully exhausted the sub-dize its existence. Whatever feelings may have existed, or ject, according to his view of it. Nevertheless, I am con- may now exist, in any parts of the Union, in consequence strained to differ. of the views entertained by our judges of the powers the constitution, or of determinations made by them, none will deny that the judicial power is one of the noblest and firmest pillars of our national fabric; and that when its supreme organ comes (if it ever shall) to want efficiency, I prefer altogether the system of judicial organization we shall then have great cause to be solicitous for our presented to the Senate in the year 1819, and which, as I dearest interests. I do not hesitate to declare that the understand, received the almost unanimous concurrence judicial power of the constitution is the great regulator, of that body, viz. making the Supreme Court of the United the sheet anchor, the final hope of this Government. Who States an appellate court, and creating circuit courts to is not admonished of the inestimable importance of prebe filled with other judges. This is the true system for serving to the court all its wisdom and efficiency, by the this country, after all that has or can be said, and one deep and diverse interests represented upon this floor of which will ere long be established; and much sooner, too, our national council, where conflicting sectional interests I am apt to think, than some gentlemen imagine. and claims are putting to the severest, if not fatal test, the Sir, the bill upon your table is one of the deepest and the very elements of our constitution? highest interest to this country. Few can be more so. It I shall not stop here to pronounce a eulogium upon will give character to the country. It will make our law. the distinguished men who now fill the court. My busi It is an act for life. There will be no escape from it. This ness is rather to preserve the court than to praise it, and day we are about to establish the judicial character of to preserve it in that character and condition which itself the Government for years to come, if not for ever. Many constitutes the highest eulogy upon the judges who prewho now hear me will live long enough to see the fatal side in it. effects of this bill, should Congress be so unwise as to pass The first objection I have to urge against the system it into a law. I hardly dare to speak openly my appre- proposed in this bill is, that it is not even now adapted hensions from the adoption of this bill--this accumulation to the country, and must and will be finally abandoned. of judges in the Supreme Court, to provide judges for It is not uniform throughout the country now, and is bethe circuits. I hope the committee will pause, and pause coming less so every year; while, at no very remote pe a long while, before they take a step so ominous to the riod, the whole will be given up for the circuit system. ultimate destiny of the country. It is wanting in the two particulars which ought to be Permit me to say, sir, that in establishing or extending kept in view in establishing a judicial system. Most of the a judicial system for this country, we ought to aim at two friends of this bill admit that the Supreme Court, with its things, uniformity and permanence. The system should seven judges, has come to its perfect and full maturity as be adapted to the wants of the country; it should, if pos- a Supreme Court, and that they would not accumulate sible, carry to every part of the Union an equal participa- judges in it, but that they are wanted for the duties of the tion in the judicial power of the constitution, and be capa- circuits. Sir, I conjure gentlemen to stop and consider ble of extension, according to the growth and exigencies what they are about doing--crowding judges into the of this enterprising, active, and extending republic. It is court that holds the destinies of the country in its hands, a fatal objection to any system, that it is partial, or that it that we may have the necessary circuit judges. And must be exchanged for another. A change of system is a where will gentlemen stop? They add three now. It will change of law. It is a change of judges. It introduces be easier to add two, and then one hereafter, just accord. endless and ruinous confusion; and that, too, where cer- ing to the extension and growth of the country. We shall tainty and harmony should prevail. If we would have have a town meeting rather than a court. No, sir, we FEB. 16, 1830.] The Judiciary Bill. [H. of R. must stop where we are. If the Supreme Court is perfect, ing the character of the nation abroad, and of every poras it now is, let us leave it to fulfil its high destinies, and tion of it at home. I declare, they are the last men to not tamper with it, until we rob it of public confidence, whom we should deny time. That jurisdiction, which in and are compelled to abandon it as tumultuous and ineffi- other countries is divided, is all placed in our Supreme cient. I will never consent to a measure of temporary Court; and without more time to devote to the business of relief which jeopardizes the structure of the judiciary. that court, than they are likely to have should this bill We are now called upon to choose the true system; nor pass to a law, the judges will not sustain themselves, nor need we delay one moment. finish business as it should be done in an appellate court, which convenes only once a year. Besides, sir, I should think that the noble ambition of the judges to answer the just expectations of the country, and sustain the high character they must have acquired to obtain the enviable seats they fill, are a sufficient guaranty that time will not be squandered by them. I have thus far contended that the system proposed in this bill must and will be abandoned, and perhaps much sooner than we are aware of, if we attempt to impose upon the same men the duties of the Circuit and Supreme Courts. Let it be remembered that the judges of the Supreme Court hold an annual session at Washington of about twelve weeks. They need at least four weeks more, to come to and return from Washington. Will these men be able, by increasing their number, as is now proposed, to discharge their duties in the Supreme Court, and on the numerous circuits? Let us for a moment cast our eye over the people and extent of territory, for which it is said we ought, and must, and which we profess to attempt to provide with circuit courts. There is at present but one judge of this court in the Western States; and, as his circuit is to be altered, I will speak of the whole territory The second objection I have to urge against this bill is, together. These are Ohio, Indiana, Illinois, Missouri, Ken- the accumulation of judges in the court. tucky, Tennessee, Alabama, Mississippi, and Louisiana. I have no belief that the court can be made better by We leave by this bill unprovided for the western districts increasing the number of judges. Seven is enough, if not of New York, Pennsylvania, Louisiana, and the eastern too many. I will not, on this part of the subject, detain district of Alabama. The system, as it is, cannot be stretch- the committee by examining minutely the reasons of the ed so as to do these parts of the country justice. They must consequences which must inevitaby follow incumbering therefore wait until the eleventh and twelfth judges shall the Supreme Court. I appeal to the observation and exbe added to the court. And let us not forget, that so perience of all who hear me, for the truth of what I now great is the population in the three western districts of say. The court will become unwieldy, dilatory, less uniNew York, Pennsylvania, and Virginia, that they have form, less efficient; the judges will feel less personal renearly as great a representation in this House as all the sponsibility, and they will often be divided in opinion. I Western States; and that there are, at this time, more beg gentlemen to weigh these considerations, and give cases on the docket of the Supreme Court brought up them their due influence. Lord Mansfield, after he had from the western district of Virginia, than have been been the chief justice of King's bench thirteen years, in brought from the State which I have the honor, in part, to giving his opinion in a case in which one of the judges represent, from the origin of the Government to the pre-differed from the other three, expressed his regret that sent time. There are likewise Florida, Arkansas, and the court were not united, and said that it was the first Michigan, pressing on for admission into this Union; and instance of a difference among the judges since he had what is to be done for them? The business in Florida is been on the bench. What has been the effect of such very considerable at present, and will soon be much great-unanimity in the English courts? The great commercial er. This whole territory, which I have thus enumerated, principles of that people have been settled once, for ever. constitutes more than two-thirds of the United States. Are Place nine or ten judges upon the King's bench, and what ave from time to time to give them circuit judges who shall think you would be the unanimity or effect of its decisions. sit in the Supreme Court? The extent of travel and busi- Is it not a subject of regret, that the appellate tribunals ness forbids it. But let us look at the amount and charac- of the country so often present jarring opinions and dister of the business of the Supreme Court at Washington, cordant views, the result of a numerous bench? There even as it now is; and should it increase, as it certainly cannot be ordinarily mature consultation where there will, there must be two terms of the Supreme court esta- is a multitude of judges. Where do the friends of this blished. There are on the docket of that court one hun- bill find any examples to sustain their views? I stop not dred and thirty cases. It does not ordinarily dispose of to speak of the House of Lords, nor of the Senate of the more than sixty each year, with a protracted and laborious State of New York. Neither of them, in point of judicial session of ten or twelve weeks. The labors of the judges character, are worthy of imitation or praise. They are while on the bench of the Supreme Court are incessant no more competent to decide questions of law, than is this and exhausting. They cannot possibly endure more. And House, in which there is as much judicial talent as in either are they to be denied all time and leisure for reading and of them. But I fear we should make a sorry figure with study? Is there really any danger that they will become the abstruse and complicated principles which undergo an the victims of indolence and sloth," as has been said re-examination in the other part of this capitol. The highpeatedly during this debate? What men on earth have est courts of law and equity in England consist of from nore need of time to become qualified to discharge the one to four judges. There are four on the King's bench, responsible duties of the highest judicatory of this country' four in the common pleas, four in exchequer, one in How vast, how overwhelming, is the jurisdiction of that the court of equity, and one in the court of admiralty. court? The world has never seen the like. History does Who has not heard of the wisdom and the fame of her not inform us of any such. Consider what deep and lord chancellors, whose jurisdiction and power are imintricate questions are weekly and daily discussed there, mense? Of the enlightened administration of her admiralty growing out of our national compact; out of State legisla- and other courts? What would be thought of a proposition tion; national law, commercial law; the numerous titles in Parliament to encumber those courts with ten judges? to real estate under the laws of the States; the great code And, sir, what do we find in our own country to recomof equity which prevails there. What consummate wis-mend this bill? Massachusetts has but four judges, New dom; what profound talents; what historical and diversified York three, Pennsylvania five; and these are among the reading; what professional knowledge; what study, re- largest and most commercial States in the Union. The search, and deliberation, must they bring to their consult- idea has been gaining ground in this country for a few ations? And then, what amount of responsibility lies upon years past, that our supreme judicatories should consist their minds, while they are thus settling principles involv- of a few, but able men. VOL. VI.--72 H. of R.] The Judiciary Bill. [FEB. 16, 1830 Some have said that the Supreme Court should be en-will become the tools of corrupt influence in this capitel larged for its own sake, in order that every part of the He says, they will come to reside here, and will breathe country may be represented. If by representation is the tainted atmosphere of Washington. This is altoge meant that the sectional feelings of the country should ther imaginary. The judges will not come to reside in Washbe in the court, I protest against such a notion. Nothing ington. Will it be believed that the judges now on the but downright corruption would be worse. But if gen-bench would, did they not ride on the circuit, leave those tlemen mean only that the court should be possessed of parts of the country where they have been born and edulocal statutes and usages, so as to be fully possessed of cated; where live their friends and connexions; where whatever is material to the merits of cases, I agree with they have established themselves in the affections of the them. And I say they always have this from the record, public; have contracted family alliances, and perhaps made which brings up from the circuit court every thing which pecuniary investments--and come and live in this vorter pertains to the case, whether it be local or general. If this of fashion, extravagance, and dissipation? Let the queswere not so, how could the judges, who do not try the tion be put to the judges severally, I will abide the an case below, ever understand it above? Do they depend swer of any one, or all of them. But what if they should upon the judge who sat at the circuit, for the facts or law establish themselves here? How are they to be tainted? upon which they are to decide? Not at all. The whole The Executive, for the time being, is not ordinarily the case is on the record. Let the question be put to the person who has raised to the bench more than one or two judges, if they do not gain their knowledge from the re- of the judges. And how, if he be corrupt himself, cord and argument of counsel, and I will most cheerfully (which I will never suppose of any man whom the people abide the answer. Besides, if I am wrong, then each of this country select as their Chief Magistrate,) can be State wants a representative in the court. It cannot be address the judges? What has he to present to seduce contended that a judge, by holding a circuit court twelve them? They hold, by an independent tenure for life, the days in a year, and often less, in a sister State, can acquire best offices in the Government; with a salary equal to any local knowledge or practice which is peculiar, upon their utmost wishes. No, sir, if danger there be, it is on which he would venture to rely himself, or communicate the other side; that these men will feel their indepento others. dence too much, if it were possible. Nothing will gain The third objection I shall urge against the adoption of independence and integrity to men, so much as a comthis bill, is, that an appellate court should not be compos- mission in the Supreme Court. There is not the most ed of judges whose decision is to be reviewed, and, if remote danger of surveillance there. I repeat it, the necessary, reversed. Judges are but men, and they are danger is rather on the other side. subject to like passions and infirmities with them. There It has further been said, that, if we do not send the are but few judges who, after forming and publicly pro- judges out upon the circuits, the people will withdraw nouncing an opinion below, can review it with entire im- from them their confidence; they will know nothing partiality above. I appeal to the observation and experi- of them but the "decrees issuing from their dark and ence of every gentleman who hears me, if this is not so. vaulted chambers." I was, indeed, sorry that the honorSuch perfection is not to be expected from imperfect man. able gentleman who opened this debate, should have lent There is a pride of opinion, as well as an ambition to be his name in any way to such an objection, and to those right, which, in spite of the efforts of the most upright weak or wicked persons who talk of the "decrces," and mind, will influence it in reviewing its conclusions. I"dark and vaulted chambers from whence they issue." would not abandon a tried system for this defect only; for Such things should not be said, or imagined. Like a divi perhaps we cannot hit upon any system not obnoxious to sion of the Union, we should reprobate the very mention objections; but it is a defect, and one often of a serious of them. Sir, what is intended by this objection? That magnitude. It sometimes happens that the judge be- the judges of the court sit in secret, and fulminate low gives the casting vote above. I have known this to their edicts, regardless of the vows which are upon happen in the State which I have the honor to represent, Do they not sit in open day? in this capitol? before us, the and yet the judges of that court are among the most dis- representatives of all this nation? and the innumerable tinguished and virtuous men who ever adorned any court. If it be necessary to have different grades of courts, that important questions may be thoroughly examined and re-examined, so that error shall not lurk in any hidden place, is it not equally necessary to fill those courts with different judges? them' distinguished advocates and strangers who crowd their room to listen to their wisdom, and the thrilling eloquence there to be heard from week to week? Are there any secrecies there? any appalling "decrees?" "any dark and vaulted chambers?" The Supreme Court is the noblest and most august tribunal in the land; most worthy of the These are some of the considerations which induce me confidence and affection of the people. I am sorry to see to oppose the passage of this bill. The system proposed such sly and hurtful insinuations. I acquit the honorable is not adapted to this country, and is becoming less so eve-chairman of all opposition to the court himself. No mall, ry year. It is not, and cannot be uniform, and will spee-I trust, more highly appreciates it, and few can do more dily give way to the introduction of the better and true to defend and sustain it. But the friends of the country system. The Supreme Court will be loaded with judges, must not forget that the judicial power is the palladium of until it is broken down; when, alas, we shall find it too late the constitution; without which, it would not live a twelveto retrieve our affairs. I will not, after the extensive re- month. marks of my honorable colleague,who has just taken his seat, It is further said, that, if the judges are not sent on the detain the committee, to urge other objections to the bill. circuit, they will lose their knowledge, their acuteness, I do not concur in one position laid down by my col- and their habits of attention and business. There may be league, viz. that there is no necessity for doing any thing. something in this objection, but much less than is suppos I think something must be done. There is nothing like ed. Will the judges lose their professional knowledge an equal participation of our judicial power, by the West- while they are listening, for three months, to the most ern States, and some portions of the Eastern. We are profound and erudite counsellors, on the most intricate bound to do something; the best we can. If we will not hear the complaints now, they will become uneasy; and we may be found to adopt, at last, a system under unpropitious circumstances. The honorable chairman of the committee has told us that if we separate the judges from circuit duties, they and important subject? What learning, thought, research, and wisdom, do they need to bring to their deliberations What will they forget? What do they not need to ac quire? And is it really true, that, after having spent their lives in the practice and detail of the law, they must travel, and try cases on the circuit, to keep their faculties alive FEB. 17, 1830.] The Hornet, Sloop of War.-The Judiciary. [H. of R. and efficient? Can it be necessary that these learned men a part of the settled policy of the country. Of the well foundshould mix with all sorts of people to retain their know-ed objections to the establishment of a pension system he was ledge, their tact, or their integrity?"To ride in coaches, well aware. But they would not apply in any manner to wagons, solas, gigs, carryalls, or in steamboats, and ferry- this bill, which must be considered rather in the light of an boats, to receive the full benefit, in eating houses, tav-expression of national sympathy, and of condolence with erns, boarding houses, and bar rooms, of the conversa- the bereaved, than in any other; for it could not enter tions of learned tapsters, stewards, and stage coach drivers?" I have thus briefly, but I hope satisfactorily, considered the objections urged to a system which separates the duties of the circuit courts from the judges of the Supreme Court; they are more imaginary than real. into the mind of any man, that the provision contained in this bill was to be considered as any thing like a compensation for the afflicting bereavement sustained by the relatives of those who had thus unfortunately perished. The motion of Mr. SPEIGHT was then decided in the negative; and the committee rose, and reported the bill; and it was ordered to be engrossed, and read a third time to-morrow. THE JUDICIARY. The House then resolved itself into a Committee of the Whole, Mr. CAMBRELENG in the chair, and resumed the consideration of the bill to extend the judiciary system. Mr. BOULDIN, of Virginia, spoke at length in support of the bill. The amendment more immediately under the consideration of the committee proposes to abolish the present circuit courts, and divide the States into new circuits, and create a new circuit court to consist of the three contiguous district judges. I do not know that I should object to this system; although I fear that all the present district judges would not give satisfaction in this higher tribunal. They were not selected for it, nor are their salaries such as would command the first talents hereafter. This may not, however, be the fact. In the State which I have the Mr. CRAWFORD said, if my view of the question unhonor in part to represent, I know it is not the fact. The der discussion was the same with that of any gentleman district judge of that State is distinguished for his talents who has addressed the committee, prudence would, perand professional attainments, and would do honor to the haps, dictate that silence, and a careful consideration of Supreme Court itself. the remarks of others, would best become my legislative Sir, the subject before us involves the substantial inte- inexperience. But some examination of the subject havrests and glory of this country. Let us pause, and consi-ing produced a conviction on my own mind that it would der well what we are doing. Let us approach the organ be inexpedient to make any alteration in the judicial sysof judicial power with jealous vigilance and circumspec-tem of the United States, without the most urgent reasons, tion; lest unawares we strike from under us the pillar of nay, without an absolute and imperious necessity, which our constitution, and the foundation of national existence. would overrule all arguments resting in opinion merely, Mr. BOULDIN, of Virginia, next took the floor, but and that at present the contemplated change, or any yielded it for a motion to rise. WEDNESDAY, FEBRUARY 17, 1830. THE HORNET, SLOOP OF WAR. The House then proceeded to the consideration of the following bill, which was the special order of the day for this day: change, is unnecessary, I feel constrained to say to the committee how and why I have reached these conclusions It will be conceded that the subject is one of extreme delicacy and difficulty. In all countries, it occupies the anxious thoughts of those who are charged with the public interests. When, therefore, a plan has been happily laid in our own land, which, in its execution, commands the public confidence, and so ensures obedience to its de"Be it enacted, &c. That the widows, if any such there crees, will prudence, will the careful watchfulness that be, and, in case there be no widow, the child or children; belongs to our stations, allow us to leave the road we have and, if there be no child, then the parent or parents; and, found so smooth, and fragrant from the flowers that if there be no parent, then the brothers and sisters of the bloomed upon its sides, and to enter upon an unbeaten officers, seamen, and marines who were in the service of way that may lead us into miry and swampy grounds? the United States, and lost in the United States' sloop of This tribunal, like every constituted authority of these war Hornet, shall be entitled to, and receive, out of any United States, finds its strongest, its enduring foundation money in the treasury not otherwise appropriated, a sum in the belief that it is enlightened and of the purest inteequal to six months' pay of their respective deceased re-grity--it is armed with power to enforce its mandates, but latives, aforesaid, in addition to the pay due to the said its best authority is the regard I have mentioned; and, if deceased on the first day of January, one thousand eight it shall ever happen that a different estimate will be made hundred and thirty, up to which day the arrears of pay of its decisions from that which now prevails, it and our due the deceased shall be allowed and paid by the ac- other institutions will soon sink together. counting officers of the Navy Department." Let us not then put to hazard this rich fruit of our noOn motion of Mr. DORSEY, the bill was amended so ble form of government-it has all the raciness of the as to conform to the date of the supposed loss of the Hor-soil on which it grew, and all the mellowness that the net, (10th September.) brightest and strongest intellectual rays, steadily beaming Mr. SPEIGHT, of North Carolina, was not opposed to upon it, could produce. The Supreme Court is ripe in the main object of the bill, as far as concerned the widows its fame and in its usefulness--it will never be greater and children of the officers and crew of the Hornet; but than it is. I beseech the committee to take no step that he was opposed to going beyond that line, to their parents may, by possibility, relax its present hold upon public esand brothers and sisters. This, he thought, was extend-teem, founded on the best and strongest reasons. The ing the principle further than was justifiable. Supreme Court is known as it is now constituted--as such, Mr. DORSEY spoke in support of the bill, showing it it is regarded to be wise, learned, and honest. It should to be sustained by precedents in like cases, and especially not be lightly changed-it should be looked on as so far in the case of the Epervier, from the act passed in which permanent, that while the individuals enjoying its honors case, with the exception of the name of the vessel, this come and go, the system remains the same, at least so long bill had been literally copied. Mr. D. expatiated on the as it may be found to answer the end designated at its forfavor which the navy had won for itself in the glorious mation--make it not, by an augmentation of its memresults of the late war, in which it had fought itself into bers, less responsible, or less effective. the affections of the American people, under which influence the sort of provision proposed in this bill had become I do not like an increase of the judges for many other reasons; among the most important of which is the con |