JAN. 24, 1826.] Judiciary System. [H. of R. one District Judge in each State, and in three of the lar- | Massachusetts, (Mr. WEBSTER) had just delivered a very ger States, two. We have then the Judges of the Su-able and impressive speech, but he hoped the House were preme Court. This is our whole Judicial corps. We have not to be carried away by it: for, if gentlemen would exbeen referred to England and to the mass of business amine his arguments, it was clear, that the only evil the despatched by the twelve Judges of the Courts at West-gentleman complained of, would not, in the smallest deI minister. But the analogy is very remote, and the exam-gree whatever, be remedied by the bill upon your table. ple is not fit to guide us. How is it, sir, that so much The heavy docket in the Federal Court of Kentucky, so justice is administered by the Courts at Westminster ? much complained of by the honorable gentleman from Simply because they are of general jurisdiction, and that that State, (Mr. CLARKE) could be fully as well relieved every man in the kingdom may be brought, by original under the present system, as by the bill upon your table. process, to their bar. If a citizen of York, or of New. The heavy docket of the Court of Kentucky, was all the castle, be sued in the King's Courts, he must appear at gentleman from Massachusetts seemed to wish to relieve. "Westminister; and if the cause of action be transitory, Now, sir, let the gentleman so arrange the Circuit Court e he may be put to try it before a Middlesex jury, unless of the West, that the Court of Kentucky shall be the last indeed the plaintiff may have preferred to take the cause in the present circuit, and will not the evil be as completefor trial to Devonshire or Cornwall. But such is not ourly removed as it will by the bill upon your table? The system. The law here does not allow any man to be sued Judge can then hold his term until this heavy docket, so out of the District in which he lives, or is found. There much talked about, is completely relieved from its burmust, therefore, be competent Courts in each District. then. Mr. A. insisted it would be the case for there Gentlemen who have brought against our Government would be nothing to interfere. The Judge might hold the the reproach of having too numerous a corps of Judges, Court just as long as he pleased: nothing would be wantwould not, nevertheless, readily consent that their con- ing but time sufficient; and, by such an arrangement, stituents should be liable to be sued in any part of the that would not most certainly be given. Union, and bound to go from Carolina to New York, or from New York to Washington, to answer to original process. Our system is accommodated to the convenience and wants of the community. It is connected in character with other parts of our political institutions, and questions respecting its organization ought to be treated as American questions merely. Mr. MERCER, said, that he owed to the House an explanation. He had been charged with having mistaken facts, and falling into numerous errors. He had made no misstatements, and there was but one mistake of the slightest consequence to his argument, into which he had fallen, and this he had only recently acquired the means of correcting. [Here Mr. M. made some explanations as to the number of causes which now appeared on the docket of the Supreme Court, as coming up annually on appeal; and showed the reason why the number recently reported by the Deputy Clerk did not present a just representation of the actual state of the business of the Court. Instead of sixteen causes which had come up since the last term, there would be, before the end of the ensuing, sixty.] He then attempted to shew, from the time of adjournment of the Supreme Court, that there would not be time enough, according to the arrangements in the bill, for the Supreme Judge who held the Louisiana Circuit Court, to reach Washingon by the ensuing term of that Court. He contended that, if to avoid this, the Judge held his Circuits in the Autumn, his life would be endangered by the climate of New Orleans. And for what valuable purpose was he to travel fifteen hundred miles, from Louisiana to the Court at Washington? To instruct the Supreme Court in the civil law, or to inform them what was the peculiar law of New Orleans. When he arrived he would not, and ought not, to be allowed to decide again the causes which he had decided below, and in which alone the local law of Louisiana was concerned. To what end was all this labor? Merely to procure local knowledge for the Supreme Court. In the course of three years we shall have another Circuit for another Judge in Florida, and whoever receives the appointment may be considered as placed under sentence of death. Mr. ALSTON had hoped, that the amendment offered by his friend from Georgia, (Mr. FORSYTH) would have reconciled all parts of the House, and have been acceded to; and regretted very much that in this he had been disappointed. Before we are called upon to make so important a change in the Judicial establishment of the United States, we ought, at least, to be told the benefits that would arise from the change. The gentleman from : How, Mr. Speaker, is the bill under consideration, to improve the Judicial system of the United States? Some gentlemen had contended that it was no change of the system, but merely an extension. He, Mr. A. thought very differently. What, place ten instead of seven Judges upon the bench of the Supreme Court of the United States, and call it an extension of the system only? Strange, indeed, sir. May not the ten completely reverse every important decision which had been made since the Judicial system had been in operation? Most certainly they might: and although gentlemen had disclaimed any such idea, and he felt himself bound to believe them sincere, yet he could not help believing, that a hope by some existed, that such would be the effect of the change for he contended, that the ground so much insisted on by the gentleman from Massachusetts, (Mr. WEBSTER,) and others, of a despatch of business in the Western Circuit, could not be the only cause of a desire to make such an important change in the whole Judicial system. adopt the bill upon your table, pass the law, create ten Judges upon the Supreme bench, and the whole system of decisions, which has drawn forth so many high eulogiums, may be done away. The gentleman (Mr. WEBSTER) had contended, it was necessary to send the Supreme Judges into the several States, for the purpose of learning the local laws and decisions of the several States. He thought there was no weight in such an argument. In fact, he thought it made more against them than in their favor: for, if there was any ignorance on the bench, which was to be removed by sending a Judge to school, that, when that Judge returned to the Supreme Court, he might bring with him information to sustain him in his erroneous decisions below, even if it were corrupt, the rest would not be able to detect him. He really thought gentlemen might give up the idea of teaching the Judges of the Supreme Court wisdom, by sending them into the different States to learn it. Once Mr. A. objected to placing ten Judges on the bench of the Supreme Court: it would certainly be too unwieldy for the ordinary transactions of the business of the court; they would not get along with business equal to a less number. For himself, he would rather have but one than ten: for the opinion seems to obtain, that once a Judge, always a Judge. They are but men, after all: they are liable to all the infirmities of man, and the more you increase their numbers, he thought, the worse it would be. Again, sir: if the system, and the arguments adduced in favor of this bill prevail, you ought not to stop at ten Judges: for it would take at least twenty to administer justice, upon the plan of the bill, over this wide extended H. of R.] Congress of Panama. [JAN. 25, 1826. (and deservedly) to all the statements made by the homeable member from Massachusetts, that he thought it ne cessary the House should distinctly understand what would be the effect of this bill on the Northern part of New York, and the Western parts of Pennsylvania and Virginia. There was evidently a mistake on this subjec among all the opponents of the measure, as well as others These portions of the Union have indeed what is calle Circuit Courts; but, if he rightly understood the matter, no Judge of the Supreme Court ever sits there: if he wa wrong, he hoped to be corrected. Mr. WEBSTER said the gentleman was entirely car rect. They have District Courts with Circuit Court juris diction. continent. Mr. A. then cautioned gentlemen friendly to the new order of things-gentlemen friendly to the new administration, just about to be set in motion, not to create an army of Judges on the Supreme Court. They ought to remember that, in a former administration, an army of Judges was created, expressly with a view to keep an ascendancy, in that department of the Government, of the then prevailing opinion. Yes, sir, I well know that such was the object of the then adopted Judicial system. An expiring administration wished to strengthen their party, in the Judicial Department of the Government, in every State in the Union. It was avowed at the time, by the then friends of said administration, to keep in check the Legislature; in fact, to over-awe the deliberations of Congress. That administration went out of power, Mr. FORSYTH continued. If so, then he did not under and the army of Judges they created, soon followed them. stand in what respect he had been in error in the argu The particular friends of the new administration had bet-ment. I said, (observed he) that the bill leaves those ter take warning by those who had lost power, by creating parts of the country in the same Judicial situation as at an army of Circuit Judges, lest they should share their present-and so it certainly does. The gentleman says fate, by creating an army of Judges of the Supreme that he shall propose, by way of remedy, that these sepa rate districts be abolished. Sir, that is another matter. All I wish is, that the House may be duly impressed with the recollection, that the bill leaves as large a portion of the United States without its benefits, as that to which it will extend them. The plan I propose embraces the whole Union, and every part of it. Court. Mr. A. said, although the gentleman from Rhode Island, | (Mr. BURGES) and himself, would vote alike upon this occasion, he could not agree with him respecting the golden times of that administration which passed the midnight Judiciary. That act was passed to bolster up a dying administration; and, if gentlemen were not cautious how they created an army of Judges on the bench of the Supreme Court, the new administration, now going into power, would, in less than four years from the present time, share the same fate. Mr. A. then contended, that the bill upon the table was not calculated to answer the purpose for which its friends avowed: for it was evident to all, that ten Judges on the bench of the Supreme Court, were not as well calculated to facilitate the business of the Court as a less number, and he thought he had demonstrated that the bill was no better calculated to relieve the People of Kentucky of the great grievances under which they labored, than the present system was. Mr. A. concluded by observing, that he did not rise for the purpose of going at large into the subject: his object was to ask the House to stay their hand-to pause before they acted: that ten Judges on the bench of the Supreme Court was more than was wanted for the correct transaction of the business of the Court: that, by waiting a few days, and looking at the amendment offered by his friend from Georgia, we might all agree upon a system. He, therefore, moved that the bill, together with the amendment, be laid upon the table; and that the proposed amendment be printed. The motion of Mr. ALSTON was decided in the negative. And the question recurring on Mr. FORSYTH'S amendment The question was then taken on Mr. FORSYTH'S motion, and decided in the negative. Mr. FORSYTH renewed the motion he had before made in Committee of the Whole, to add a proviso to the bill. On this question, he demanded the yeas and nays: the call was sustained. The question being on agreeing to Mr. FORSYTH'S proviso, Mr. SLOANE demanded the previous question, (the effect of which would have been to exclude all amend ments.) The House refused to sustain the demand, by the requisite number of a majority of those present. When the House adjourned. WEDNESDAY, JANUARY 25, 1826. CONGRESS OF PANAMA. Mr. MINER said, he had two resolutions which he wished to offer to the consideration of the House, on which he hoped there would be as great unanimity here, as he presumed to believe existed without these walls They referred to a subject, in his opinion, of great impor tance; one in which the whole American People took a deep and lively interest. The subject he referred to, had relation to the new nations which had arisen, and were Mr. LIVINGSTON said, that, as the honorable gentle-rising up, at the South, on this continent. But a few years man from Virginia appeared to feel some scruples of conscience on the ground of murdering the Louisiana Judge, he felt obliged to say a few words for his relief. He could assure that honorable gentleman, that the climate of Louisiana, until the end of June, was as healthy as any in the world. The first three circuits assigned him in the bill, would not occupy him more than six weeks or two months. There was, therefore, ample time to get through all the business of these three circuits before the month of June. In the Autumn, the Judge, beginning at the other end of the State, can come Northward on the remaining three circuits, and finish these in time to arrive here at the opening of the Supreme Court; and if, by chance, the yellow fever happens to prevail at Natchez, so as to interrupt the Circuit Court at that place, it would be only what might happen to any other part of the country, and had, in fact, often happened in other States. Mr. FORSYTH said, that so much respect was paid, ago, within the recollection of every member on this floor, even of the youngest, the whole of that vast country lay enchained in the fetters of despotism. The hand of op pression pressed heavily upon them. Not a ray of light or hope broke in to cheer the gloom that enshrouded them. But what prospect, asked Mr. M. do they now present? It is one of the most delightful and animating that the friends of liberal principles and the rights of man could look upon. By a succession of the most glorious revolutions the world had ever witnessed, all that vast extent of country was now spotted with free, sovereign, and independent nations. The People rose in their strength, dashed the fetters of their tyrants to the earth, proclaimed the glorious principle of the equal rights of man, and, on this sacred foundation, established free, representative, republican forms of government. The infinite praise, said Mr. M. which is due to the heroes and statesmen, the patriots and warriors, who have achieved these great re JAN. 25, 1826.] Congress of Panama.-Deserters from Foreign Vessels. [H. of R. Mr. FORSYTH hoped the gentleman would withdraw his motion for a moment, that he might make one or two remarks. The motion was withdrawn. volutions, for their wisdom and valor; and, indeed, to the The resolutions having been read, Mr. MINER expresswhole People, for their fortitude and constancy; no lan-ed his wish that they might be laid on the table. guage could express-he had not language to express it. Now, sir, said Mr. M. it does appear to me, that, in respect to these young nations, we should cherish feelings of parental regard. In respect to these free nations, we ought to cherish sentiments of the utmost kindness and Mr. F. then said, that the first resolution was perfectly respect. In regard to these nations, on the same conti- in harmony with the feelings of the nation and of the House. nent with us, neighbors to us, one of whose territories ad- The propriety of adopting the second depended upon the joins ours-it would be politic for us to cultivate the most character of the information yet to be laid before the House friendly relations. As it respected all those Republics, by the President of the United States. When the Pretheir commerce, already considerable, and rapidly in-sident, in his message at the opening of the session, excreasing, was an object of desire by the nations on the pressed his intention to send Ministers to the Congress of other side of the Atlantic; and it appeared to him that we Panama, Mr. F. took it for granted, that the documents should be wanting in duty to our country, if we did not accompanying it would shew the invitation given to the adopt all proper measures to secure to ourselves a fair United States, and the motives for accepting it-or, if not, participation in it. We ought, said he, to be fully in- that a subsequent communication would be made for that formed of every thing that relates to their general and purpose. Resting satisfied with this general and natural particular policy, and to leave no fair means unemployed impression, he had felt no curiosity for further information. to conciliate their good will and respect. These nations A resolution offered by a gentleman from South Carolina, have followed our glorious example: they still look to us (Mr. HAMILTON) had made it his duty, standing in the refor advice. They have thought fit to call a Congress, at lation he did to the House, to be more accurately informwhich all the Republics of the South are to be represented, ed. He had inquired, and ascertained, from the proper at Panama; and they have invited us to meet them there. Department, that, as soon as the approbation of the Senate, Ought we not to do so' Should we send Ministers there, of the proposed mission, was expressed, it was the inten would it not be received as a mark of respect, and would tion of the Chief Magistrate to ask distinctly of the House it not be regarded with feelings of satisfaction? Should for the necessary appropriation. He had intended to state we refuse, would it not be regarded as disrespectful? this, when the resolution of the gentleman from South Would it not give displeasure? and would not the agents Carolina was to be considered, with the expectation that of foreign nations, who would be present there, take the it would produce a suspension of the proposed call for in"opportunity to sow the seeds of jealousy between us, and, formation He did state it to that gentleman. Since the erhaps, obtain commercial advantages in consequence of resolution had been presented, no change in the state of t, which we should have occasion to regret? Mr. M. de- this matter had occurred. The question, deeply interestclared he was opposed to entangling alliances with any ing and important at it was, was still coram judice. As nations; he did not deem them necessary here, and he was soon as it is decided, if decided according to the wishes of ure they were not contemplated. One word more, said the Chief Magistrate, the House will be called on to deterMr. M. The Holy Alliance of the Old World have their mine what should be done. The other branch of the NaCongresses, to put down, and to keep down, liberal prin- tional Legislature, acting as the advisers of the President, iples; and he thought it right that the Republican nations will sanction or reject the proposed measure. If it sancf the New World, whose Governments were based on a tions it, it will be for us to determine whether we shall ecognition of the equal rights of man, should meet, by give or withhold the means necessary to carry it into heir Representatives, in Congress, to consult for the gene-effect. To enter into the question before that time, al good; and to see, at least, that their rights should not e encroached upon. This was a subject in which the hole American People took a deep interest; and he beeved the feeling was universal-almost as universal as the we of liberty itself-that, with the Republican nations of e South, we should cherish the most respectful and most iendly relations. With these remarks, Mr. M. would sub-priety of granting it. it the resolutions, only adding, that he must look to the podness of the House rather to consider what he ought have said, than what, under the deep embarrassment experienced, he had said, in their support. Mr. M. en submitted the following resolutions: "Resolved, That the People of the United States have ewed, with deep and anxious solicitude, the exertions the People of the several States in the Southern part of is continent, to secure the inestimable privileges of in-ducing the mover to offer the resolution. pendence and self government: that they have seen e proofs exhibited of their fortitude, patriotism, and lor, with admiration, and beheld the success with which gracious Providence hath crowned their arms, with graude and delight. Resolved, That, as it accords alike with the generous d spontaneous wishes of this People, and the soundest xims of policy, that the most perfect harmony of feeling d intercourse should be cherished among all the Amerin nations, the principles of whose Governments are inded in an acknowledgment of the equal rights of man, e appointment of Ministers to the proposed Congress of nama, is a measure dictated by wisdom and propriety; d provision ought to be made, by law, to defray any exnses that may result therefrom." would be altogether improper. Mr. F. hoped that the The resolutions were then ordered to lie on the table. "Resolved, That the Committee of Foreign Affairs be instructed to inquire whether any, and, if any, what, provision ought to be made by law to authorize the arrest and surrender of deserters from foreign vessels in the ports and waters of the United States." Mr. STEVENSON, of Penn., asked for the reasons in Mr. TRIMBLE then observed, that the inquiry on this resolution was, in its nature, general, extending to all desertions which may take place in the waters of the United States. The bill reported by the Committee on Foreign Relations, referred only to those from French ships, and had regard to the provisions of our treaty with that Power. Complaints are frequently made that this Government does not reciprocate the conduct of other Governments in this matter. Deserters from our vessels, in foreign ports, are always apprehended by those Governments, and delivered up. Ought not the same thing to take place here? The inquiry has relation to this general subject, and it would be a very desirable thing that some general arrangement should be entered into respecting it. The resolution was agreed to. H. of R.] Discriminating Duties-Judiciary System. DISCRIMINATING DUTIES, &c. [JAN. 25, 18. plain, that he scarcely knew how to press it upon the Committee, its propriety was so obvious. The Constitu Mr. CAMBRELENG offered the following: "Resolved, That the Committee on Commerce be in- tion declares that a Supreme Court shall be organized structed to inquire into the expediency of amending the Congress, in pursuance of this provision, organized the act of 1st March, 182, so as to authorize the President of Court, and prescribed the duties it had to perform. Al the United States to remove the discriminating duties now persons who have causes included within the sphere of imposed on British vessels and their cargoes, upon their This proposition was so obvious, as to admit of no dispute its jurisdiction, have, as of course, a right to its decision entry from any British American possession, whenever he shall have been officially informed that American vessels What, then, is this Supreme Court? And of what does it consist? It is a Judicial tribunal, whose power is com and their cargoes are, in like manner, admitted into the mitted to a certain number of Justices. These Justices, British American colonial free ports." Mr. CAMBRELENG stated, that the late acts of the therefore, constitute the Court, and all who are entitled: the judgment of the Court, are entitled to the judgment British Parliament, emancipating their colonies from some of their ancient restrictions, afforded us an opportunity of these Justices. But when we come to look at the actual state of things, we find that, in practice, a judgment af passing a corresponding act, and of relieving our own com- the Supreme Court does not mean, in fact, a decision merce from tonnage and other duties now charged upon the Justices of that Court, but a decision of a quorum d it in our intercourse with the colonies. It might be sup- the Justices. Of that quorum three is a majority-four cot posed that the general measure, proposed at this session, stituting a quorum of the Court. Now, I would ask, if would embrace this branch of our foreign trade. He there is not an obvious propriety in altering this state of thought not, unless some modification should be made in things, so as to give to our citizens what they expect un the bill. It was important to both countries that the re-der the Constitution-the judgment of the whole Court strictions on this trade should be removed; and he had of the abstract propriety of the change there can be no reason to believe the measure would be acceptable to our doubt. It is necessary both for the cause of justice and own Government. Mr. NEWTON, Chairman of the Committee on Commerce, said, that he had not risen to oppose the resolution of the gentleman from New York; but he would state to the House, that, in consequence of the reference of so much of the President's Message, at the commencement of the session, as relates to the commerce of the country, the committee thought they had this whole subject before them. If the commerce between the United States and the West India Islands, was not on so liberal a footing as could be desired, it was not the fault of the United States. This Government had frequently offered to put it on a liberal footing; but Great Britain always refused. Mr. CAMBRELENG said, he was aware that the sub for the character of the Court. According to the present arrangement, a judgment pronounced to-day may be reversed to-morrow. Four constitute a quorum, and three have power to decide: but to-morrow a different four may constitute the quorum, and have the same power to decide as the first four. The decision of the Court will depend upon accident. The only remedy for this evil, is to require for each decision a majority of the whole Court This position is so true and obvious, that it cannot be ne tions had been urged to the amendment when proposed cessary to press it upon the committee. Various objec in committee of the whole: to these I shall endeavor to make a satisfactory reply. ject of discriminating duties had been generally referred The resolution was then agreed to. JUDICIARY SYSTEM. The House then proceeded to the unfinished business of yesterday, which was the consideration of the bill "further to extend the Judicial system of the United States." The question being on the Proviso, offered by Mr. FORSYTH, as an amendment to the bill, Mr. FORSYTH modified his amendment so as to read as follows: "Provided, That no final judgment shall be pronounced by the Supreme Court, which shall not be approved by such a number of the Justices as shall constitute a majority of all the Justices of the said Court." Mr. FORSYTH observed, that he had no disposition to arrest the progress of this bill, or to retard its passage. From the day of its introduction, he had no desire to take part in the discussion of it, further than to submit a proposition to get, if possible, a better system: but if this should not be practicable, to submit a proposition to render the system proposed by the Judiciary Committee as perfect as possible. The proposition he now submitted, was so First, it has been said that this is not the proper phot for introducing a provision of this kind; and that, if it is introduced at all, it ought to be made the subject of a de shew that this is the proper place to introduce it. Whence A single consideration will be sufficient to arises the power of three Judges of the Supreme Court to decide a cause? It is derived entirely from the act of Congress constituting the Court. From that part of that that five Judges should be a quorum of the Court, is deact by which Congress has been pleased to determine rived by inference the power of a majority of the quorum to decide. The present bill proposes to change the number to constitute a quorum; hereafter that number is te be six: four being a majority of six, will have, by infer ence, the power to decide a cause. Should not this inference be prevented by express provision in the hill, which effects the alteration in the number of Justices ne cessary to make a quorum of the Court? I think the amendment proposed could not be appropriately offered to any other bill. But it has been urged by the Chairman of the Judiciary Committee, that it is not proper to alter an entire system on account of a single case. And that such a case will not occur again in forty years. Sir, I am happy to be in formed by the gentleman from Massachusetts that this is so But he will pardon me for remarking, that he has, in the case, assumed the fact upon which he argued. It is very true, that only one case has occurred sufficiently impor tant to become notorious. That case was one in which the interests of an entire section of the country is involved. Owing to this circumstance, every movement of the Court with relation to it, was watched with the most anxious scrutiny. The precise number of Judges who agreed in the decision, was particularly inquired into, and imme diately made known. But how many individuals may have suffered by decisions of this sort, whose cases hart SET not. JAN. 25, 1826.] Judiciary System. [H. of R. In his never been presented to the public eye! To enable the applied to common cases, but only to those where a State House to judge how many had probably occurred, I will law is in question. Sir, I hold directly the reverse of this state one fact from the minutes of the Court. In February opinion. For what was your Judicial system erected? term of 1823, there were but five Judges attending, and, To protect weakness-to destroy the inequality produced during a part of the time, but four Judges. How many by physical or moral power, and to put all petitioners for causes, and how many principles must have been settled at justice on the same level. Powerful communities, Indethat Court; and who can tell how many of these had the pendent States, with their Executives and Legislatures, sanction of a majority of all the Justices of the Supreme are in no danger; they have power to redress their own Court? We are told by the gentleman from Massachu- wrongs; they can call the injurer to the bar of public setts, (Mr. WEBSTER) that a single decision does not opinion. They can act by their Senators and Represensettle the law of the land, but only the law of the case in tatives in Congress. If disappointed there, they can apNot so a feeble indiviwhich it was rendered. That, when a principle is impor-peal to each other, and, by combining their forces, they tant, and the Court thin, it is customary to have a re-hear- can alter the Constitution itself. ing in a full Court, and that the law is solemnly and defini- dual. His name and his wrongs are buried together in tively settled. Sir, I sincerely hope that no such practice obscurity. The judicial injustice which he suffers, is prevails. It cannot but be deeply injurious. What be- known only to himself, his family, and his counsel. comes of the rights of the individual first concerned? In case the evil, however great, is irredressable. The provi his case the law is settled, so far as it effects his cause:sion is important in all cases, but peculiarly necessary for afterward, the law is to be altered by a solemn decision. the defence of individual suitors. Mr. TRIMBLE observed, that he was satisfied the If the law of the land, thus settled by solemn decision, differs from the law of the case, does the new decision re- House was not at this time prepared to adopt the principle No-it does of the amendment; and, as some modification of it was verse the judgment pronounced in the case? Who is to atone for the injury suffered by the citi-wished by many, if the amendment should be pressed in zen? He is to console himself with the reflection, that, its present form, the vote taken on it would not be any in all future cases, the decisions of the Court would be just. fair expression of the sentiments of the House on the prinBut I cannot but believe that there is a mistake in this ciple. Besides, the amendment did not adhere well to the statement; when the law is doubtful, and the Court thin, bill. The object of the bill is to render the Judicial sys. the cause is suspended, and that question is reserved and tem uniform throughout the United States. The object decided afterwards at a fuller Court: a wholesome and of the amendment is wholly different-it is to fix what prouseful practice, and a proof of the respect voluntarily portion of the members shall be required to perform cerpaid by the Supreme Court to the principle that I wish tain acts. The principle is new: it has not been reported on by the Judiciary Committee. If hereafter that Comto have, by amendment, incorporated in the bill. We are informed by the gentleman from Massachusetts, mittee shall report to the House a bill embracing the prin(Mr. WEBSTER) that if we require a majority of the whole ciple, it can there be fully discussed, and the bill amendCourt to give validity to every decision, it will produce ed in such way as may be acceptable to the House. The great delays. That it will produce some delay, cannot subject, he believed, was at this time before that commitbe doubted. But what will be the extent of this delay? tee-and, if that committee should even report against the The law supposes that the Judges are always in Court it principle, the House, if it disagreed with the report, could lays them under obligation to be there; and there they order the subject to be re-committed, with instructions to will be, unless their presence is prevented by accident or introduce a bill in its favor. He, therefore, hoped that disease. Suppose an accident occurs, and one Judge is the friends of the bill, even though approving the princidetained, there will then be nine Judges present. On the ple of the amendment, would vote against it at this time. Mr. POWELL said he should vote against the amendprinciple I wish to introduce, six out of these nine must Its effect in practice would be, that the Supreme concur in every decision pronounced. Can this occasion ment. great and injurious delay? But it may be said, supposing Court will be unable to judge any cause at all, unless six Judges happen to be present. We all know those Judges only five concur, will you have their decision suspended I answer, where the point to be decided is so nice, and are far advanced in life, and that their residences are disthe case so doubtful, that five Judges decide one way,persed over different and distant parts of the Union-(and and four the other, no decision ought to be had-the case should be suspended till it can be determined by all the Judges. Sir, there is another view of this subject: It is advanced by the Chairman of the Judiciary Committee, as an irresistible argument, against separating the Judges of the Supreme Court from their circuit duties, that such a separation will render the Court odious, and that its decisions will be suspected of being prompted by the Government, under whose eye the Judges sit, and near which they will, But this objection applies with great, probably, reside. if not with equal force, to the system in the bill. Ten Judges are distributed by it over the whole United States, and of these, six are a quorum, and four a majority of six. Many of these Judges will be very distant from this City, and if any absences take place in the Court, they will, of course, be most likely to happen among those Judges at a distance. Those, on the contrary, whose homes are near the Seat of Government, will be always in attendance. So that, on the gentleman's own plan, the decisions will in fact be made only by the Judges who are nearest to Washington, and will be liable to all the imputations which he dreads in the other case. It has been suggested, sir, to be very important, that this requisition of the majority of the Court should not be VOL. II.--72 when their number shall be increased to ten this will be Mr. MOORE, of Kentucky, then offered the following, the ( |