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330 Cong....20 Sess.

Judicial System-Mr. Bayard.


whose placid waters the internal productions of of short, temporary existence? Why, sir, look at which could command the vote of the Senate and the country are borne, and the railroads which them. In Pennsylvania, it swept over the State of Congress. bind every part of the Confederacy together with like a whirlwind. In New York, if it was not My opinions coincided with those of the honorairon bands, to be given to the laborers who worked victorious, it was because it knew not its own ble Senator from South Carolina (Mr. BUTLER) in upon them? Is nothing due to American enter- strength. In New Jersey, the descendants of the committee, (and there is no impropriety in adprise, American skill, and American capital ? those who contended against the bloody Hessians, || verting to our deliberations to that extent,) that the Was not he who first conceived the idea of a rail- raised aloft its standard in victory. In Massa- reduction of the court would be a wise measure, road, and was not he who first applied his capital chusetts it was more than victorious—it annihi. || because a court of final resort, composed of many to develop that idea and bring it into practical lated all its opponents, Whigs, Democrats, and judges, was apt to lead to dissenting opinions, and operation, at least as great as the man who lev. Abolitionists." And I mention as a fact, truly in that mode derogate from the weight of its own elled the hills and filled up the valleys with the gratifying to every true conservative in the coun- decisions; and that, taking the general position of spade? Was not he who first conceived the idea | try, that, at a recent election for mayor in the city our country, six judges would enable every secof a canal, as great as he who dug the ditch and of Boston, Mr. Smith, the mayor elect of that | tion of the Union to be sufficiently represented for built the locks! Was not Fulton at least as great town, ran against three opponents, an Abolition- the purposes of final decision. But for many as he who built the vessel to which his sublime mind ist, a Whig, and a Democrat, and distanced them reasons (that which he assigned among others) first conceived the grand idea of applying steam as all, he being the same man who not long since we were led to believe such a reduction impractia motive power to it! Sir, these foreigners came was burned in effigy in the city of Boston for cable; and, therefore, I agreed, though with great here to make money, to better their condition in assisting to restore the slave Burns to his master. reluctance, to its abandonment. I confess that I life: and they accomplished their object; for, in- And in little Delaware, too, always true to the had the impression made upon my mind, that the stead of ten cents a day, they receive from two Constitution and the Union, the Native American Committee on the Judiciary had come to an underdollars to two dollars and fifty cents a day for party was victorious; and at some future day, if | standing that it would be impossible to expect any their labor; and as well may it be said that they any politico-geological explorer, searching for the bill could pass the Senate, unless they resisted all built our great works of improvement, as that the remains of an extinct race, wishes to find another amendments, and suffered it to pass in the forma in horses and cattle employed in their construction specimen of a petrified man, he need not go to the which it was reported. Sir, I regret that impresbuilt them.

Chincha Islands, but in the State of Delaware hesion was not made upon the honorable Senator But, it is said again, that this Native American will find a beautiful specimen in the person of my from Missouri, (Mr. Gerer.] Then we should movement has its origin in, and is connected with, friend, (Mr. Riddle, the chairman of the guano have been spared the objection which he has made abolitionism. Mr. Chairman, if this is so, the committee. (Laughter.]

to the bill reported by the committee, an objection abolitionists are a much less sagacious and far- I have thus, sir, in as concise a manner as I could, which I shall endeavor to show hereafter, is seeing people than I supposed they were. By endeavored to set forth the principles of the Ameri- groundless in effect, though if true it would be whom, I beg to know, are your new States, for can party, and to defend it against the assaults sufficiently potent. the most part, peopled?. We know that the mo. made upon it. I cannot permit myself, for a mo- Mr. President, for this reason,

and this reason ment foreigners arrive here, if they have the means, ment, to doubt of its triumphani success. Its | alone, I shall be compelled, against my own con(and many of them have,) they seek the fertile principles are founded on a sentiment long exist- viction of what would be the best system, to vote regions of the far West, where lands are cheap, ing in the public mind, but smothered and sup- | against the amendment of the honorable Senator and the soil is virgin; and, almost to a man, they pressed by the contests and struggles of the two from Ohio. I shall vote for the bill as it stands, are opposed to negro slavery, because it comes in old parties; but, iike the pent up fires of a sleeping because I believe, if that bill cannot pass, you can direct competition with their own labor. And, volcano, they have at last burst forth in resistless agree upon no plan of reorganization whatever; sir, it is known that the subject of abolition was force, and you had as well undertake to stay the and yet I consider a reorganization imperative to ignored in all the recent elections at the North. rushing waters of the cataract of Niagara, as to the due administration of justice in the country. But it is said that “ Know-Nothingism first made arrest their course. And when the day of triumph | Sir, conceding, what I presume will be generally its appearance in this House in the person of a of this great party shall come, as come it surely conceded by the Senate, that the judiciary system gentleman from Massachusetts, (Mr. Banks,) an will, then will be realized the great objects of its requires reorganization, there are but two modes abolition State. I apprehend that the gentleman organization-the preservation of the union of in which it can be effected. One is by withdrawwho makes the charge is laboring under a slight these States, the restoration to its original purity | ing the Supreme Court Judges from circuit duties, mistake in this. It was, sir, the humble individual of the administration of the Government, and the so as to enable them not only to investigate and who now addresses you, that, at the last session, l establishment of the principle that, in all time to deliberate upon the cases which come before them first introduced a proposition to exclude all for come, none but "Americans shall govern Amer- || in the Supreme Court, but also to dispose of those eigners from our Army and Navy. I can almost ica."

cases, after deliberation and investigation; and for complain of my friend from Massachusetts, in the

that purpose to constitute inferior tribunals, or language of the Latin poet: Hos ego versiculos

appoint other judges, to take the place in the cir

JUDICIAL SYSTEM. feci, tulit alter honores;" which being literally con

cuits of those judges who are withdrawn from "strued, means, he has stolen my thunder.” But,

circuit duties. The other mode is, if you persist be this as it may, if Know-Nothingism did come

SPEECH OF HON. J. A. BAYARD, | in compelling your Supreme Court Judges io per. from Massachusetts, (and I do not know that it

form.circuit duties, to enlarge that court to an

OF DELAWARE, did,) in my judgment, it came from a very good

extent which will destroy its efficiency, and ultistarting point. It was there that the first battles IN THE SENATE, January 10, 1855. mately its authority in the country. I presume of the Revolution were fought. Within the limits The Senate having under consideration, as in there is hardly a Senator in this body who would of that glorious old State are Concord, and Lex- Committee of the Whole, the bill to modify and

not consider the extension of the Supreme Court ington, and Bunker's Hill; and the descendants amend the Judicial system of the United States to fifteen or sixteen judges as entirely out of the of her old warriors have not forgotten how, on

question, viewed only in its effect upon the court, those memorable fields, their sires opposed their

Mr. BAYARD said:

iis probable result on its future decisions, and the breasts to foreign bayonets. No wonder, when Mr. PRESIDENT: The question now before the weight which would attach to those decisions thinking of these things, and when listening to Senate, as I understand, is the amendment pro- | throughout the country at large. these old men, “fighting their battles o'er again, posed by the honorable Senator from Ohio, (Mr. And yet, sir, unless you adopt that alternative, they should, in their heart's core, feel the injus- | Chase,) which proposes to reduce, after vacancies there is no practicable mode in which you can tice of permitting foreigners to govern them. shall occur by decease or resignation, the existing reorganize the judiciary of the United States, re

Sir, the gentleman from Mississippi tells us that || Judges of the Supreme Court to'six in number. | taining the Judges of the Supreme Court in the this new party will have but a brief and transient Individually, that would accord with my own performance of circuit duties, consistent with the existence, and that it will pass away like a forgot. | opinions-opinions formed upon reflection long advance of the country in population and the conten dream; and in order to enforce the idea of the anterior to my becoming a member of this body, sequent increase of litigation, and in the number transitory nature of its existence, he tells us it is and very fixed opinions indeed. Sir, in reference of causes brought before them for decision. As like an inverted pyramid. Now, to say the least, to the reorganization of the judiciary, we all admit matters stand now, you find that these judges are this was a strong figure, for I can conceive of no that the present system is inadequate for the proper | obliged to sit every alternate year between five greater degree of physical strength than that which performance of the duties which belong to the and six months, and in the intervening year full would be required to turn one of the tombs of the judiciary of the United States. The country has three months, or rather more; and yet they canPharaohs from its base, and place it on its apex. grown in wealth, in business, and in population, not dispose of the calendar of one in less than two And just in proportion to the amount of physical to such an extent that the system imperatively || terms; in other words, under the existing organstrength required for this, I conceive, was the requires to be reorganized in some mode. No | ization for several years past, before a case can be amount of imagination to make the figure. Well, member of the Senate can, however, reasonably reached for hearing, the second year must elapse. sir, it is not for me to find fault with it. But this expec: or suppose that all his individual opinions || If that be so now, what must be the result of the I say to the honorable gentleman, that when next as to what would be the most perfect form of re- progress of business in the country, and the inhe comes before his people, he will find himself the organization, can obtain the vote of the Senate. evitable increase of appeals, with the enlargement most beautiful specimen of an inverted pyramid on Every one must be prepared to yield some portion of the Union? I speak not of any particular or a small scale, that ever was seen in this world, of his opinions as to his beau ideal of a judiciary local increase of business from one quarter or with his head upon the ground and his feet in the system proper to be applied to this Confederacy. || another; but the necessary general increase of air; he will be a living monument of the rashness We felt that difficulty in the committee when this || litigation arising out of the increased population of a man opposing his own countrymen in favor measure first came before us; and feeling that I and increased business transactions of the country. of foreigners. (Laughter.]

difficulty, we all agreed to yield, or at least we all | In a few years this increase, with the consequent Does the gentleman from Mississippi imagine did yield, many of our opinions, in framing the increase of litigation, will go utterly block the prothat a party with the prestige of victories such as bill which we have reported. We reported it as ) ceedings of that court, that there will be a denial the Native American party has achieved, can be || the only practicable measure, as we supposed, ll of justice unless you adopt some system which 330 CONG.... 20 Sess.

Judicial System-Mr. Bayard.


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will enable the judges to hold two terms in a year, but not the administration of justice. But every better than I could. I think it will command the and thus within that year dispose of all the causes court of appeals ought, if possible, to be so organ- attention of the Senate, acd show most clearly which may come before them. That is justice | ized that the business before the court can, at least, that, at least we gain one great advantage by withwithout delay; and justice without unreasonable be called up for disposition, if the parties are ready drawing the Supreme Court Judges from circuit delay is just as essential as the administration of to have it disposed of.

duties, because we then constitute a court which justice at all.

Mr. President, there is another great advantage will not only be above bias, but beyond the susI shall notice, before I close my remarks, the arising from the withdrawal of the Supreme Court picion of bias, in the mind of the individual project of the honorable Senator from Illinois, in Judges from circuit duties, which, I think, has not suitor. Let me read from the report, which was order to show, as I think I can, that it is imprac- been adverted to in this debate; and that is, that it made before the spirit of party, with its perverting Licable in itself-that it is dilatory-that it does secures you in the court of last resort a tribunalin influence, entered into this question: not even reach the object which the Senator de- which there is no room for bias, or the suspicion “ A third alteration which the Attorney General cannot sires to attain in that mode of organization; yet,

of bias, in the decision of a cause. As it stands fail 10 suggest is, that the Judges of the Supreme Court except the bill of the committee, it is the only now, will any gentleman, no matter how exalted

sball cease to be judges of the circuit courts. It is obvious

that the inferior courts should be distinct bodies from the plan which has been suggested as a mode of reor- his opinion may be of the judges of that court, tell

Supreme Court. But how far it may confound these two ganizing the judiciary, unless dependent upon too me that an appeal from one man to his own de- species of courts to suffer the Judges of the Supreme to hold Jarge an increase in the number of the Judges of cision, though combined with that of his asso- seats on the circuit bench, be declines the dircussion, and the Supreme Court. ciates, is not objectionable in principle? Take the

circumscribes his reflections within the pale of expediency We have proposed to withdraw those judges from case of an appeal from one judge to himself alone,

only." circuit duties as preferable to increasing their num- and the human reason rejects it at once as a mere

He does not touch the constitutional question ber, except that portion which relates to chamber mockery. The appeal from the man to the man

which has been adverted to by my friend from practice, that is, granting injunctions, issuing writs would be an utterly useless and idle form. On the

Connecticut, (Mr. Toucey.) of habeas corpus, and matters of that kind; but they same principle, must it not be an objection to any

"1. Those who pronounce the law of the land without

appeal, ought to be preeminent in most endowments of the are entirely withdrawn by this bill from the duties judicial system, that the judge who tried a cause mind. Survey the functions of a Judge of the Supreme of judges of an inferior court. We hold this to in the court below and is committed by a publicly Court. He must be master of the common law in all its be essential from the fact that it is impossible in pronounced opinion, is permitted afterwards to sit

divisions; a chancellor, a civilian, a Federal jurist, and

skilled in tbe laws of each State. To expect thai, in future a country so extensive as ours, that nine judges on the revision of that cause, though it be with

times, this assemblage of talents will be ready without lurcan travel over the circuits as they are organized, others who may overrule his decision? Does it ther study for the national service, is to confide too largely or in any mode in which you may organize them, not, on the one hand, where there are men of dif- in the public fortune. Most vacancies on the bench will be and yet attend at Washington for a sufficient ferently constituted minds, and perhaps of some

supplied by professional men, who, perhaps, have been 100

much animated by the contentions of the bar, deliberately length of time to perform their duties as judges of what opposing temperaments, involve the danger

to explore this extensive range of science. In a great meas. the appellate court. It is not in human power to that discord may be produced in the court upon ure, then, the Supreme Judges will form themselves, after transact such an amount of business. Sir, you the questions under revision; or the still greater their nomination. But what leisure remains from their would not make your judges slaves, you would danger, on the other hand, that the esprit du corps

itinerant dispensation of justice? Sum up all the fragments not desire to deprive them of time for study. You which exists in all bodies will give too much in

of their time, hold their fatiguo at naught, and let them bid

adieu to all domnestic concerns, still the average term of life, cannot suppose a judge will acquire knowledge and | fuence in the affirmance or disaffirmance of that already advanced, will be too short for any important proincrease his capacity for the proper decision of decision to the judge who decided the cause, or ficiency. causes, by being constantly upon the road. No | who differed from the district judge in the court

“ 2. The detaching of the judges to different circuits

defeats the benefits of an unprejudiced consultation. The matter how able he may be, no matter how learned, below? I mean not to intimate that any cause

delivery of a solemn opinion in court commils them, and there is no lawyer who hears me who does not under such circumstances would be decided from should a judgment rendered by two be erroneous, will they know that if a man means to retain his knowledge | impure motives, yet it leaves room for bias; and meet their four brethren unbiased ? May not human naof law, it can only be by constant study. The though that bias may be insensible to the actors,

ture, thus trammelled, struggle too long against convic

tops? And how few would erect a monument to their buman memory will forget, principles will become still we are bound, in providing for a court of last candor at the expense of their reputation for firmness and mixed in the mind, or distinctions will be lost sight resort, to place it in a position which shall coun- discernment? of; and only by constant study can any man re- teract those infirmities which are inevitably inci

“3. Jealousy among the members of a court is always main fit for the performance of judicial functions. dent to our common nature, and which may not

an evil, and its malignity would be double should it creep

into the Supreme Court, obscure the discovery of right, Sir, you discard entirely the idea of study if you unfrequently lead to erroneous decisions. This and weaken the respect which the public welfare seeks for retain this system of requiring nine judges to travel | opinion is not mine alone, and its truth is so ob- its decrees. But this canpot be afirmed to be beyond the over the circuits of this Union. You have felt vious that I presume it will scarcely be doubted compass of events, to men agitated by the constant scanthis so far already, that you have been obliged to by any Senator.

ning of the judicial conduct of each other.

•4. If this should not happen, there is fresh danger on abandon their attendance at one term of the circuit Let me suggest a case for illustration. Suppose the other side, lest they should be restrained by delicacy courts, and only require them to sit in those courts an appeal from a circuit court, in which the and mutual tenderness, from probing, without scruple, once a year. The impracticability is so felt that, Supreme Court Judge delivered the opinion of what had been done in circuit courts. A schism of senti

ment before a decision, and after a free conference, is not as I understand, in the State of Arkansas the judge the court below, or dissented in opinion from the

esteemed harsh ; but it is very painful to undertake to satcannot attend, although the law authorizes a cir- district judge.

When that cause comes before isfy another that, in a public opinion, already uttered, he cuit court to be held there. We are able to have the Supreme Court of the United States, it must has been in the wrong. no circuit judge attending in Texas, and in other be decided with that judge, as a member of the

*5. Situated as the United States are, many of the most States of the Union. This has been stated here appellate court, upon the bench. Under such

weighty judiciary questions will be perfectly novel. These

must be hurried off on the circuits, where necessary books in the course of this debate. Surely a system circumstances, the appealing party against whom are not to be had, or relinquished, for argument before the which dispenses justice in a Confederacy like ours, the decision has been made in the court below, next set of judges, who, on their part, may want books and differently among different members of that Con- will always feel, even though the decision may

a calmer season for thougbt. So that a cause may be sus.

pended until every judge shall have heard it. federacy, ought to be remedied and ought to be be pure, that he has not had an cqual chance for

“6. The Supreme Judges themselves, who ride the circhanged on that account, if on no other. It should justice in the final hearing of his cause.

cuits, will be soon graduated in the public mind in relation always be a leading principle of legislation in this Sir, the objection was made to this organization to the circuits; will soon be considered as circuit judges, country to extend the benefits of this Government of the United States courts in the outset of our

and will not be often appreciated as Supreme Judges.

When a discomfited party looks up to the bighest tribunal alike to every State in the Union, to administer Government. As early as the year 1790, the

for redress, he is told by the report of the world, that ia it justice similarly

in all, and provide the same tri- | principle which I now state was presented and every quality is centered necessary to justice. But, how bunals in every State for the disposition of causes, urged in a report of the Attorney General of the would mis sanguine hopes be frustrated, if-anong sis so far as the Federal jurisdiction is concerned. United States, Mr. Edmund Randolph, of Virginia. judges, two are inost probably to repeat their former sufira. Onder the present organization of the judiciary, | He stated it as a grave objection to the organiza · avoid this, the wisdom of the third of the number must be that is utterly impracticable. tion of the then existing system. As then organ

laid aside? Another advantage of the system proposed by ized, the Supreme Court' was composed of six Mr. President, the objections stated in that rethis bill is, that it enables you to have two terms judges, two of whom were required to sit in the port are so forcibly urged, that I am unwilling to of the Supreme Court in a year, instead of one. circuit court, with the district judge. When the believe any Senator can hesitate in admitting that Of course, that expedites the final decision of judges differed in opinion, it would necessarily at least one evil in the present organization will be causes; and whatever, consistently with due in- produce opposition, and probably, irritation of remedied by the plan of the committee. I will take vestigation and deliberation, expedites the decision feeling in the court above, tending to a disorgani- the liberty of reading still another argument.on of a cause, is as important for the purposes of zation of the court. When they coincided in the same question, urged in a different manner. justice as the decision itself. It follows inevitably | opinion, it is difficult to suppose a writ of error The extract, from the report of Mr. Attorney Genthat, if a suitor has the right to his writ of error could have had any probable effect, as one third eral Randolph, is from a quotation of it, made in returnable twice instead of once a year, it will of the court had already predetermined the case. the celebrated debate on the judiciary, in the year. double the speed with which these cases may be Such was the state of things in the first instance, 1802. I shall, perhaps, have occasion to refer to disposed of. Semi-annual terms, also, will enable and it is in regard to that condition of affairs that that debate hereafter. The passage which I now the court, after a full hearing, and with ample time the report to which I have alluded was made.

propose to read, is from a speech made on that for deliberation, lo dispose of all cases which come Within one year after the system had gone into occasion by my father, in the House of Reprebefore it at the term to which the writs are return- operation, its inconveniences and defects began to sentatives of the United States. On that branch able; and that ought to be the course of justice in l be felt. in 1790, the attention of Congress was of the question, no reply was made to his arguthis, or any other country, wherever it is practi- called to the judiciary, and the Attorney General, ment; no intimation was given that it was not a cable. The court should have it in their power to Edmund Randolph, was desired to present, and defect in the organization of the courts to require go through their calendar at each term. 'I do not did present, a detailed and elaborate report on the the Supreme Judges to sit in an inferior court. In say they should force the argument of a cause, if subject. I purpose now to read a portion of the that debate he said: both parties desire further time for the hearing; general reasoning of that report, because it states " In the constitution of this court, as a court of last resort, such a course might be the dispatch of business, II the principle upon which I am touching much there was another essential defect. The appeals to this

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33. Cong....20 Sess.

Judicial System-Mr. Bayard.


court are from the circuit courts. The circuit court consists

because, though some judges may have remained Sir, I have more confidence in the intelligence of of the district judge and a Judge of the Supreme Court. In

upon the bench as long as thirty-two years, and, my countrymen than to believe that the Supreme cases where the district judge is interest d, where he has been counsel, and where fe has decided in the court below, for aught I know, even for forty years, such pro- | Court will be weighed in the public estimation by the Judge of the Supreme Court alone composes the circuit longation of life is rare. I apprehend that if gen- any such standard as the individual manners of the court Whal, then, is, : tibstantially, the nature of this ap tlemen will calculate the ordinary duration of life, judges. A judge may be a man of reserved, or, if pellate jnrisdiction? In truth and practice, the appeal is ironi a member of a court to the body of the same court.

(and it would apply to judges as well as to other you please, of morose manners; but there is sufThe circuit courts are but emanations of the Supreme Court.

men,) at the period when Judges of the Supreme ficient intelligence among the people to know and cast your eyes upon the Supreme Court: you see it disap Court have hitherto been appointed, and will, I to estimate whether his decisions are partial or impear, and its members afterwards arising in the shape of cir. trust, continue to be appointed, say not younger partial; and if the public mind is satisfied that he coit judges. Behold the circuit judges : they vanish, and immediately yoù perceive the form of the Supreme Court

than forty-five years, their lives cannot be esti- is impartial, able, and learned I care not what his appearing. There is, sir, a magic in this arrangement,

mated at more than an average of eighteen years manners are—the public will give to him their which is not friendly to justice. When the Supreme Court beyond that period. Then if you apply the rota- esteem and confidence. assembles, appeals come from the various circuits of the

tory principle, the opportunities of a judge to As regards the court itself, it is the impartiality United States. There are appeals from the decisions of each judge. The judgments of each member pass in succession

acquire this knowledge of local practice and local and ability of its decisions which must sustain it under the revision of the whole body. Will pot a judge, usages, in his performance of circuit duties, would in this Union, and not the individual manners of while he is examining the sentence of a brother to day, re- be confined to holding two courts, at intervals of the respective judges. I have seen in my own member that that brother will sit in judgment upon his pro

nine years apart, in each circuit. To what extent State that effect upon the people; and I take it for ceedings to-morrow? Are the members of a court thus constituted freeirom all motive, exempt from all bias, which

could a knowledge of local usages and local prac- granted that, throughout other States, there is the could even remotely influence opinion on the p int of strict Lice be thus acquired ? Sır, it is an inappreciable same intelligence, and that the confidence and reright? And yet, let me ask, emphatically, whether this quantity. If, however, you confine the judge to spect of the people is to be gained in the same mode court, being the court of final resort, should not be so con

a particular circuit, I admit, he will keep up his as in the Siate of Delaware. A gentleman who stituted that the world should believe, and every suitor be satisfied, that, in weighing the justice of a cause, nothing previous knowledge of practice, and perhaps, ac- preceded me in the Senate, from Delaware, (Mr. entered the scales but its true merjis?

quire some knowledge of the practice of the dif- Thomas CLAYTON,) having the same name with "Your Supreme Court, sir, I have never considered as ferent districts of that circuit in which he holds my present colleague, was, for many years, a judge anything more than the judges of assize sitting in bank. It

circuit courts. I admit, by that course, he would | in my State. He was a distinguished lawyer, but is a system with which, perhaps, I should find no fault, if the judges, sitting in bank, did not exercise a final jurisdic.

become acquainted with the local usages, and be was not a man of affable manners. He was rather tion. Political institutious should be so calculated as not able to impart them to his brethren on the Su- morose, and certainly abrupt in his general inter• to depend upon the virtues, but to guard against the vices

preme bench. But, if he holds the circuit courts course. He mingled little with the people. He and weaknesses of men. It is possible that a Judge of the Supreme Court would not be influenced by the esprit du

often enough to acquire that knowledge of prac- l sought little converse, except with his immediate corps that he woud neither be gratified by the aflirmance,

tice and of local usages, which is deemed so desi- friends; yet, sir, I venture to say that, being known nor mortified by the reversal, of his opinions. But this.sir, rable, he will be unable to sit in the Supreme to be an able jurist, being perfectly impartial on is estimating the strength and purity of human nature upon Court of the United States, if that court is in ses- the bench, he obtained and maintained the confipossible, but not on its ordinary scale."

sion long enough to transact its business. It will dence of the people of Delaware to an extent that Sir, it would be difficult to answer that objec- be physically and absolutely impossible for him never was exceeded by any man who ever sat upon tion, or contend that it was not a potent one then, to perform both sets of duties; and, therefore, you the bench in the State. There are other instances and is not now a strong reason for altering the must dispense with that which is least material. of the same kind. I believe the people of the present organization of the courts. Let me not

Surely, ultimate jurisdiction being vested in the United States would estimate their judges in the be misunderstood, however. I disclaim the slight- | Supreme Court, if there is oppressive delay in the same way; and I have no idea that the popularity est imputation upon the purity of motive, or high ultimate decision of a cause, there is a denial of of the Supreme Court is to depend upon its judges character of the existing or former Judges of the justice, and that far transcends in importance, the either becoming the haunters of taverns, or making Supreme Court; but, sir, they are men, and it is personal knowledge of mere local practice, and stump speeches, cr mingling in political questions, not only necessary that you should remove the usages which may be acquired by the appellate and bowing themselves to the mere will or excitedanger of that bias, which may be imperceptible judge from the performance of circuit duties. ment of the hour. to the individual himself, but you must give con- In truth, a knowledge of the practice of the dif- Mr. President, I respect public opinion; but I do fidence to the suitor, that in an appeal from the ferent portions of the country is entirely useless not confound public opinion with popular clamor, decision of the judge below, he will be sure of a in the appellate court. Every lawyer knows that or local and temporary excitement. I neither fear hearing before a tribunal whose impartiality he a question of practice is not matter of error; if the nor regard the one; I bow most profoundly to the cannot question, on the ground of the predeter- court below misjudges in a point of practice, it is other. Organize your court as you may, no funcmination of his cause by one of its members. not ground for a writ of error. To'an appellate tionary in a Government like ours will ever preYou have thus another reason for the reorganiza- | couri of common law, a writ of error carries up the tend to stand above the influence of public opinion, tion of the judiciary, on the plan proposed by the record alone, and such questions as appear upon rightfully and properly understood. But, sir, how committee.

the face of the record can be assigned as errors, is the confidence arising from public opinion to be The advantages of that plan, as I have stated and none other.

attained in this country? Is it by the mere manthem, may be briefly summed up in a few words. As regards local usages, I may be allowed ners of a judge, by his sociability, by his tact, by By it we avoid delay in the return of the writ of to remark that it is not desirable, in a country his disposition to follow the current of prejudice error; we expedite the determination of causes; like ours, where statutory regulations in every of the hour; or is it to be attained by the faith we give the judges time for study; for a full hear- State can be so readily obtained, to allow them which men have in his skill, in his knowledge, in ing of cases, and a disposition of them, at the first much weight in the determination of conflicting his devotion to his duties, in the impartiality of term. Besides, we leave to the judges something rights. If they are well known and established his decisions, in his freedom from sectional or like that degree of relaxation from the perform- usages they may be made part of the record by a personal excitement in reference to the great ques. ance of their duties which is necessary for every bill of exceptions, and the principles of law which iions which he is called upon to decide? Sir, I man, who is called upon to perform duties involv- govern the establishment of such usages are the will not so underrate my countrymen as to suping severe mental labor, unless you mean that he same throughout our whole country. I, therefore, | pose that the Supreme Court of the United States, shall be broken down in their discharge.

consider the acquisition of such knowledge as of while it continues to be adorned by the ability But, Mr. President, what are the objections little moment, and slight importance to the appel. | which has hitherto distinguished it, will not mainurged to the removal of the Judges of the Supreme | late court. Independently of that, it is impracti- tain the hold which it now has upon the people of Court from circuit duties? I cannot now recall to cable for the judges generally to acquire knowledge this country; and I declare, without hesitation, mind the different Senators from whom those ob- in that mode without an imperfect performance of that, if ever the time shall arrive when the Judges jections emanated; but if I appreciate them rightly, their duties in the Supreme Couri, and onerous of the Supreme Court-being able, distinguished, there are but two. One is, that unless the Supreme delay in the final determination of suits.

and impartial men-shall fail to command the Court Judges hold the circuit courts, and thus, But, sir, the argument which seemed to be most confidence of the country, then the country will through that means, mix with the people, and relied upon was, that the judges should mingle have arrived at a situation in which its people are become acquainted with the bar, and also in that with the people and become acquainted with the no longer fit for self-government; and the result mode acquire a knowledge of practice, and of local bar, and thai thus they would secure a hold on the will be the same, let our courts be organized as usages, it will derogate from the weight of their confidence of the country, which would be lost they may; decisions, and unpopularize the court in the con- or endangered if they were constituted into an It has been said, that if you withdraw your fidence of the country. The other objection is, | appellate court alone. Of course, in weighing judges from circuit duties, you will make them mere that the effect of withdrawing the Supreme Court questions of this kind, there must be diversities “paper judges." That is the language which has Judges from circuit duties, would be to centralize of opinion. Even supposing that some weight is been used. I do not profess to understand the the Supreme Court. These I understand to be attached to that objection, you must take it in precise import of that phrase, but I cannot underthe two principal, if not the only objections, which connection with the advantages to be gained on stand it in any other sense than this: Do gentlehave been urged to that portion of the bill which the other side, and you must test it, also, as men mean, by calling a man a “paper judge,” to is the chief matter in contest.

has been done by many honorable Senators on tell us that his power to decide causes rightly must I will not deny that the circuit duties performed this floor, by the question of practicability. 1depend, not upon investigation and knowledge of by a Judge of the Supreme Court enable him to must confess, however, that I, for one, have no the principles of law, and upon the constant study acquire some knowledge of local practice, and faith whatever in that mode of sustaining the Su- which is requisite for that purpose, but upon studylocal usages in the circuit in which he holds his preme Court of the United States in the confidence | ing the mere will of the hour, and watching the court. If, however, you are to assume the rota- of the people of this country. The argument pre- current of political and sectional prejudice, and tory principle, and send a judge, once in nine

supposes that the permanent influence of the adapting his decisions to the impressions he may, years, into each circuit, what will be the result? court must depend upon the manners of the have of the existing popular will, whether local Taking the ordinary average of judicial tenure, 1 judges and their affability, and not on the ability or general? The effect of that, Mr. President, presume it would be overstated at eighteen years; li and the impartiality of the decisions of the court. would be to turn your Government into a despota 330 CONG.... 2D Sess.

Judicial System-Mr. Bayard.


isma popular despotism, I admit; but still a des- abandon the system recommended by the com- from time immemorial, no lay member has voted potism; for a Government of will, whether it is mittee. But is it true? What grounds, except on a case taken there on appeal from a court ihe will of one man or of millions, is not a Gov. the mere assertion of the honorable Senator from below. Only the law lords, men who are profesernment of laws, is not a free Government. I am Missouri, (Mr. GEYER,) that, in his opinion, it sionally acquainted with the law, ever vote on not denying the sovereignty of the people. I am would have that effect, have you for supposing | appeals. A striking instance of the power and one of them, and I admit their sovereignty as such would be the result? Let us inquire into the force of usage, and of its controlling and beneficial freely and as fully as any man around me; but I probable effect. Your judges, according to the tendency, was exhibited in the case of O'Connell, hold that a Government of will is a despotism and Constitution of the United States, may be ap- in that body. Two law lords, who belonged to that a Government of laws is alone a Government | pointed from any portion of the Union. At the the party which stood in a decided majority in of liberty.

origin of your Government, when there were but the House, supposed his conviction to be legal. Or is it meant to be suggested, by this appella- | six Judges upon the bench of the Supreme Court, Three law lords, who ranked with the minority tion of " paper judges,” that a judge of a court of | they were much more concentrated than they are in the House, thought it was illegal. It was a polast resort, who must always be supposed to be now., I believe and I think I speak correcily- || litical question. Excitement ran very high, and a man of mature mind, at the time of his ap- || that there were two judges out of the six from a some of the lay lords proposed to vote, in order pointment, educated so as to have a thorough single State at the same time, while most of the to affirm the decision of the court below, with a knowledge of the principles which he is to decide, | other States were left without any judge appointed view to O'Connell's punishment; but they were can better retain and amplify that knowledge, and from them. In the progress of time, the natural checked by the members of their own party. make a beneficial use of it for judicial purposes jealousy of the States, if you will, but I think a They refrained from the exercise of the power by traveling over a country as extensive as ours, higher principle—the natural reflections of those which they might undoubtedly have exercised, and imbibing, by popular intercourse, the mere in authority, and a sense of justice led to the because usage had established that such an exertemporary impressions of the hour, than he can adoption of a usage, based upon the principle that cise of power was not consonant with the characby the study of those books from which he must every section of this great country was entitled to ter of the court. It was considered that, though extract, and which must keep fresh in his mind be represented in the court of last resort, which the right to vote might exist in one lord as well the great principles which are to enable him to decided, finally, constitutional questions, as well as as another, yet if any but those who were profesdecide the particular cases which come before him? individual rights. We have adhered to that rule, sionally acquainted with the law should exercise I would not have a judge “a case hunter;" but I as you all know, under all circumstances, and it | the right against an established and wise, if not hold that no man without learning is fit to be a has become an established usage. Did it arise from necessary, usage, and once make political divis. judge. A judge without learning is, in my the fact that the judges performed circuit duties? ions and element in judicial decisions, the characopinion, as objectionable as a judge without ca. Not at all. It arose from a sense of justice-from tér of the court, so far as regarded the confidence pacity; and, in proportion to the extent of what | looking at the true nature of our Confederacy, of the country, would be utterly lost. The majormay be called his talents, the greater would be the and the imperative necessity there was that, to ity, therefore, suffered the judgment of the court danger of his going astray. He would undertake harmonize and bind its members together, and below to be reversed, against the opinions of the (what no human mind can do judiciously and prevent sectional jealousy, and, perhaps, sectional law lords of their own party, and against their properly) to establish by his own individual opin- | injustice, all parts of the country should, and own convictions of the soundness of ihose opinion, and reason out with his own unaided intellect, ought to be represented in the great final tribunal ions. the general principles which should control the in which authority was vested to decide upon the That, Mr. President, was a striking instance of different cases that might come before him. There rights of States, as well as those of individual cit- the power of usage, when that usage was in acis uncertainty enough in the administration of || izens of different States; and also to expound the cordance with benefit to the community at large; justice, even under its most perfect forms. The Federal Constitution, and revise and control the and I have entire confidence that, in reference to diversity in human organization and human intel- State tribunals in reference to the Constitution the Supreme Court of the United States, among lect inevitably leads to that result. But what || and laws of the Union.

the American people, no matter how violent may would the uncertainty be if your judges were to I am willing to admit that, if we could constitu- be our political divisions, there will always be throw their books aside, abandon the restraining |tionally impose in this bill a restriction that a judge | sufficient intelligence, love of order, and sense of influence of all precedents, and rely upon their should be appointed from each circuit, such a pro- right to prevent a departure from a usage 80 essenown unaided investigation and reflection while || vision ought to be inserted. If I could reduce the tial as that which selects the judges from all parts traveling through the different circuits for the number of judges to six or eight, and divide the of the country, as there was in the British House purpose of deciding questions which came before | Union into six or eight geographical divisions, and of Lords to restrain the majority from abandonthem? They would give, at best, what are require that a judge should be appointed from ing a usage, equally important and conservative, known as nisi prius decisions-nothing more- each of those larger divisions, I should consider | though strongly tempted by high political excitehasty decisions made without reading, without a it preferable; but that is out of our power, under ment. Sir, the fear is vain and groundless, which comparison of opinions, and without attempting | any organization. My argument, and the con- suggests the idea that the withdrawal of the to elaborate principles from previous decisions of clusion I have arrived at, is, that it is not the per- Supreme Court Judges from circuit duties will acknowledged authority. The wisdom of their formance of duties in the circuit courts which has have the slightest tendency to centralize that predecessors would be useless to them. The given rise to this usage, which has become so court; and if it is without that tendency, the obresult would be, that decisions in the courts of jus- established as to have the force of a constitutional jection falls to the ground. Yielding, Mr. Presitice would depend more on counsel's understand. | provision. Remove the judges from the circuit dent, to the objections of honorable Senators all ing the character and temper of mind of the pre- || court, and the usage will remain unshaken, and the weight to which they are entitled, the question siding judge, than upon any known principles the Supreme Court will not be centralized whilst still remains, can any practicable system be organwhich any man who studied the law as a science it exists. The objection is one of prejudice, not ized equivalent to the wants of the country withwould be able to ascertain. That would be one of reality. It excites prejudice, if it is believed, out withdrawing your Supreme Court Judges result. Your bar would degenerate from lawyers || against the plan of the committee; but it has no from the circuit courts? 'If it is impracticable into mere advocates. That would be another substantial foundation in any probable result that under the Constitution, you must resort to that result. And your judges, relying upon their indi. will ensue by discharging the Supreme Court withdrawal and run the hazard of the effect upon vidual opinions alone, would become so discord- | Jndges from circuit duties. If it shall so happen the court, which, as I suppose, honorable Senaant in their decisions as ultimately to lose alto- that the control of the Government of this coun- tors causelessly anticipate. gether the confidence of the country.

try shall ever pass into the hands of any one sec- If their opinions are correct, the law which you I hold, therefore, that a judge who has not left tion of the Union, and that section shall seek to

pass may be changed, and the effect upon the to him sufficient time to keep up, by study, that pervert, either the judiciary or any other portion court will be so gradual, that you can readily knowledge of the law which he acquired before of the Government, for its own advantage and the restore the judges to circuit court duties, if the he was placed upon the bench, and to increase it, advancement of its own citizens, at the expense of retention of the confidence of the public requires is unfit to preside in a court-especially of last the other sections, it would be a matter of little such restoration. resort-and that, by necessary.consequence, if he moment in what mode your judiciary, or any other The honorable Senator from Maine, (Mr. Feswas an able man, and you deprived' him of the branch of the Government was organized, for the SENDEN,) in the course of his remarks yesterday, power of investigation and reference to precedents, || dissolution of our Confederacy would be certain, || lauded very much the existing system as almost and comparison of the various authorities for the if not immediate. I believe, however, there is perfect in itself. He stands in that respect, in purpose of a proper decision, the danger would good sense enough, there is national feeling enough, ihis position: from the earliest origin of the Gov. be that he would make the law instead of admin- to avoid difficulties of that kind; and I feel confi- ernment, you will find, if you trace the debates, istering it. He would decide cases and unsettle dent that, whether the Supreme Court Judges that constant objections have been made to it. principles; and the end would be, that the decision travel the circuit, or whether they sit in Wash- At an early day, it was considered as working would be looked for more from the talent and ington alone, as a court of appeal and a court of badly; efforts were made to remedy its defects; capacity of the advocate, than the knowledge and original jurisdiction in cases confided to them by but the repeal of an established system being a ability of the judge, and each individual case the

Constitution, they will equally be selected from very difficult thing, no material change was made would be determined upon its own facts, without | different quarters of the country, and fairly selected, for a long time. It was modified in 1794, when a single general principle to restrain and guide the 80 that each portion of the country may be repre- the attendance of more than one Supreme Court caprice and uncertainty of individual opinion. sented, under a usage which has become as pow- || Judge at a circuit court, was dispensed with. It

I pags now, Mr. President, to the second ob- erful as the law itself, or as if embodied in the was also modified in some other respect in 1797. jection which is made to the proposition of the Federal Constitution.

In 1801, a change was made in the entire organiCommittee on the Judiciary, that the withdrawal The effect of general usage in that respect, when zation of the judiciary, which withdrew those of the Supreme Court Judges from circuit duties it is accordant with the human judgment and I judges from circuit court duties. That was would centralize that court. If I supposed that sense of right, has been very remarkably shown founded upon the principles of the opinion of Mr. such would be the effect, I admit the objection in the British Parliament. In Great Britain, the || Randolph'in 1790. Unfortunately, however, for would be with me all potent, and I should at once House of Lords is the court of last resort; but, ll the country, the reorganization of 1801, was the

330 CONG....20 Sess.

Judicial System-Mr. Bayard."



act of a party just going out of power, when the ure about which they differed, if experience indi. || practice by eitting once a year in the appellate people of the country at the antecedent election, cates, ihat a measure which was not requisite at court. Will he mingle with the people? It will had declared against them. That their motives one time, has become requisite at a subsequent || be a mere court of law, in which the people will were pure, I entertain no doubt; though the act period. I do not make this remark because the not be in attendance. There will be no jury was unwise, or at least, imprudent, at the time. bill before the Senate is the same as the bill which trials, and none of that communion with the But the still greater mistake--and there I think it was passed then; I advert to it only to show the people which arises out of jury trials. Then, if amounted to a wrong, under our form of Govern- necessity for a change which then existed, and the he neither mingles with the people, nor obtains a ment-was, that the head of the Federal party fact that, long antecedent to the passage of the bill knowledge of practice, in what consists the benefit being then in power, undertook, immediately an- of 1801, the defects of the system as it now ex- of his attendance? That he may mingle with tecedent to the advent of his successor, to fill all || ists, had been repeatedly noticed, and the neces- the members of the bar in each circuit once in those offices just created, the tenure of which was sity for a change acknowledged and admitted. If nine years-probably, twice in his whole judicial during good behavior. It ought to have been you will read that debate, you will find that the

He will not be able to stay more than a left to the succeeding Administration to make errors and the evils of the system, were pointed | month on the circuit, or else he cannot return from the appointments. That principle has often been out to an extreme extent; but the great objection | distant circuits in time for the performance of his affirmed since, in the history of this country. to the bill of 1801, was, that it was not necessary,

duties here. In what respect, then, is this more There was the error; and I hazard little in saying, || because the business of the country did not then than a nominal attempt to connect the Supreme that if Mr. Adams had declined to appoint the require so extended an organization. I admit, Judges with the circuits, when, in point of fact, new judges under the act of 1801, and left their that the same argument was used then which is it disables them partially from the performance of appointment to his successor, that act would used now, that making the judges ride the circuits their more important duties? Is it really attaining never have been repealed.

would tend to popularize the court. That, how- || the result at which the honorable Senator aims? The honorable Senator from Michigan [Mr. ever, was only an incidental argument, and not According to my observation, it will be a neCass) alluded to the repeal of the act of 1801, in pressed. The principal one was on the constitu- cessary consequence, from the institutions of our language which corrobates this opinion. The tional question.

country, the organization of a separate bar in principal question contested in the debates on that Since that time, you have been obliged to alter each State, and the magnitude of the causes which repeal, was a question of constitutional law. It your judiciary system repeatedly. Congress found are litigated in the Supreme Court, that you will was, also, beyond all question, a party struggle as the country expanded, that difficulties grew have a constant increase of barristers there, from for power, connected with the appointment of six- upon them. The act of 1801 was repealed, but all quarters of the Union; and that sitting in the teen judges by an Administration going out of they were obliged to alter the organization, par- || Supreme Court a judge will become just as well power, whom the Administration coming in desired || tially, in the subsequent April. Since then they acquainted, and just as familiar with the respectto remove. No man can read the debates and doubt have been compelled, at two different times, to in- | able, the able, the intelligent, and the leading memthat. The argument was of unequaled ability on crease the number of Juilges of the Supreme bers of the bar of each State, as he would if he both sides. Every topic connected with judicial | Court. They were increased from six to seven, presided in the proposed appellate courts. organization and judicial tenure was exhaust- I think, in 1807, and subsequently from seven to It is certainly desirable that the portion of the ed. But the main point of the whole argument | nine; and if you adhere to that system, you will bar of each State to which I have alluded, should turned on the question of constitutional authority | be obliged to increase them from nine to sixteen or be brought into such connection with all the Judges as regarded the tenure of the judges. The objec | twenty. With such a number, the court will of the Supreme Court so as to appreciate their tion which came from President Jefferson, and cease to be a judicial body, and dissensions of impartiality and ability. An able and impartial which has no application now, was simply this: 1 opinion will impair both its utility and its weight court elevates the bar, and a bar of high character He remitted to Congress a message in which he with the country. I presume no Senator contem- has an equally beneficial influence upon the bench. suggested an inquiry as to whether the system was | plates an increase of the judges of that court, yet | You will find, however, that in each succeeding not beyond the wants of the country; and he sent there seems no alternative, between such increase year the natural love of reputation will tempt the with it a list of the number of cases which were and the plan of the committee. Congress was better members of the profession, from the differhen pending in the different courts, in order to obliged, in consequence of the pressure of busi- ent States of the Union, in causes which come show that the organization which had been effected ness, as early as 1844, to authorize each judge to from their own States, to appear in the Supreme

was entirely too extensive for the wants of the abandon the performance of circuit court duties | Court for the purpose of advocating them. 'That That objection can have no application during one term in the year. The effect of that will bring them fully into contact with the court. now. The country had then but a few million is, that appeals from the district to the circuit It will attain the object of the honorable Senator inhabitants; now it has from twenty-five to thirty court can only be heard annually, though the de- | from Ilinois quite as effectually, as regards that millions. It has now a vast mass of business trans- cision is not then final. That operates as a delay portion of the profession with which he can desire actions which did not exist then. It has more than of justice in every State in the Union.

ihe court should mingle, without over-working the quadrupled in wealth, as well as in population. í

come now, sir, to the plan proposed as a sub- judges, or interfering with their performance of As a necessary consequence, litigation has in- stitute by the Senator from Mlinois, (Mr. Doug- | vastly more important duties. creased; and the result is, that instead of the judges Las,) which I have said I consider impracticable. Again, is not this substitute impracticable on disposing of their business in the Supreme Court, | Allow me to advert to it as briefly as I can, for I other grounds? It proposes to hold an appellate as ihey did then, in from two to four weeks, they am sensible I have taxed the patience of the Senate court, for appeals from all the district courts in a are obliged to sit three months in one year, and already, in a speech which I have not been able circuit, in but one place in the circuit, and but once five or six months the next year to dispose of the to prepare and condense to my own satisfaction. a year. Will the honorable Senator tell me that writs of error and appeals returnable to one term. Serious indisposition, accompanied with some the States in which those districts exist would be The primary objection, therefore, as it existed fever and consequent disinclination to mental ex- satisfied that appeals should be taken from their then, does not exist now; and no man will deny ertion, have prevented me from giving my thoughts courts to another local court, situated in another that a reorganization is now absolutely required, to the subject to the extent I desired, before ad- State? Will he tell me that the bar of each of to prevent an onerous delay in the administration dressing the Senate. To avoid delay, badly those districts in the respective States would not of justice.

arranged as my remarks have been, I have felt it feel that it was a gross injustice to them that the I have no intention, sir, to revive the disputes my duty to submit them.

causes in which they were concerned in the court of those days. We can look at them calmly now. The plan of the honorable Senator from Illi- || below should be transferred to another State, to But, beyond all question, I think, as Í have nois, in order to preserve the feature of the Su- i be tried in a local tribunal? When a case comes already said, a single term used by the honorable preme Court Judges acting as circuit judges- || into the Supreme Court at Washington, it is reSenator from Michigan, shows you what was the mingling among the people and with the bar, to garded as the court of the Union. There is no real cause of the excitement connected with the acquire a knowledge of the local practice and cause for State jealousy, no feeling that the rights repeal of ihe act of 1801. I allude to the applica- usages-for that is the avowed object—is that you of a State are infringed, as there would be if aption of the term “midnight judges" to the judges shall lessen their labors on the circuits, by giving | peals were taken to a local court in one State at appointed by Mr. Adams. "It has become a pop- to the district courts the entire powers which now ihe expense of others. Yet such must be the reular phrase; a phrase suggested for purposes of | belong to the circuit courts, and constituting an sult of the system proposed by the Senator from odium. I admit the act was wrong. "I admit | intermediate appellate court, consisting of the Illinois. I think the honorable Senator himself that, in a Government like ours, when a party was judges of the district courts in each circuit with will be satisfied, on reflection, that the organizagoing out of power, the judges ought not to have one of the Judges of the Supreme Court sitting as tion he contemplates would lead to a state of feelbeen appointed. But the term shows—and if you an associate, and presiding when he is present; | ing which would inevitably defeat its benefits. For look ai ihe debates you will be equally statisfied- || and further that the Supreme Court Judges shall instance, suppose the States of Pennsylvania and that the great difficulty in the case arose from the || be so arranged that they shall, in the progress of New Jersey to be placed in the same circuit. attempt to continue political power through the nine years, visit each of the circuits. He provides Pennsylvania has two United States district courts. appointment of sixteen new judges by a party for nine judges, who are to visit each circuit every If you establish one appellate court, as the Senawhich the country had just declared against at the nine years to acquire this knowledge.

tor from Illinois proposes, in the circúit composed primary elections. That should not cause us now Mr. President, as regards any acquisition of of those States, all the appeals must go from the to abandon a proper organization when the causes knowledge of practice, it will be observed that district courts in those States to one place, say the which led to the difference of opinion then, either

no original jurisdiction is given to this appellate city of Philadelphia. Do you imagine there would do not exist in this case, or have passed away The judge will then sit in the appellate be no jealousy on the part of the lawyers in the with the increase of the population and wealth of court to hear causes upon the record, precisely as western part of Pennsylvania that their appeals the country.

he in the Supreme Court at Washing- should be carried to another part of the same Sir, I hope that sufficient time has elapsed to ton. Questions of practice do not come up on the State? Do you believe that it would not be felt as enable us to look back without excitement to the record; questions of pleading may; questions of a grievance in New Jersey that appeals from that political contests of our forefathers, and that no right do; but questions of practice are not grounds State should be carried to a local tribunal in the prejudice will prevent the adoption of any meas, of error. Then he can acquire no knowledge of ll city of Philadelphia, instead of a national tribunal ?


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