JAN. 14, 1830.]

Distribution of Public Lands.

[H. of R

vided for in New England, but better aided in Missouri; the States south and west of the line mentioned would and the fund is gone. How is Missouri in aftertimes to be receive in this distribution as much as they paid? I presume not, sir. How, then, can the proposed distribution be made according to the compact? This is a difficulty which gentlemen cannot surmount.

placed on an equal footing with the New England States' The inequality is much more glaring, when we again look to the State of New York. This State reserved all the crown lands within her limits; she retained that great, fer- Sir, let me examine another principle advanced in this tile, and extensive country towards her western frontier. debate in support of the resolution. Divest the argument She has sold it and settled it, and thereby gained an im- of gentlemen of all its tissue--all its decorations-all its mense population. This population, having grown up on sophistry, and it amounts to this: the distribution must be a part of the public domain, and which they used for their made, because we have the fund in our power; because we own benefit, now comes in for an equal share of the resi- want it applied for the purposes of education and internal due. Sir, this State should be amongst the last in this improvement--because it is a common fund, and because Union to press this measure. It is unjust, unequal, and the funds of the Government should, in equity and justice, inequitable. The same remarks will well apply to Con- be disbursed equally among all the citizens of the Union. necticut, to Massachusetts, and to Maine. Now, sir, I admit that the last reason assigned looks very

There is another objection to the proposed division. Gen- pretty in theory; but if I show that the principle is wholly tlemen urge that, as the public lands are a common fund, impracticable-that the practice of the Government has to be disposed of for the common benefit of the United not been on this principle; if I prove that, upon this prinStates, it is just and proper that the proceeds should be ciple, the new States have not had their share of the funds of equally distributed. I will not stop to raise the objection, the General Governinent, I take from gentlemen the basis that, by the very terms of the resolution of Congress of of their eloquent arguments, and the fair, the alluring. the 10th October, 1780, and the terms used in the acts of and beautiful fabric erected by them tumbles into the dust. cession of the several States, the conclusion is irresistible, With the permission of the gentleman from Rhode that this fund should be used and disbursed by the General Island, [Mr. BURGES] I beg leave to appropriate a part of Government itself, for the common benefit, and thence de- his argument to illustrate my views on this subject. That duces another conclusion, that the individual States should gentleman, in resisting with me the amendment to this renot control it for their common benefit; nor shall I insist solution, offered by the gentleman from South Carolina, that this division will put it in the power of each State to [Mr. MARTIN] which provides that the new States shall, use this fund, not for the common benefit. in this distribution, be compelled to account for all the lands But I take leave to advert to the terms of cession used given them by the General Government for any purpose by Virginia and North Carolina, for the purpose of raising whatever, very properly urged that, if the new States a different objection. And here, sir, permit me to thank were to be called on to account for these lands so given, the gentleman from Georgia [Mr. WILDE] for turning my they, with the same propriety, might call the States on the attention to that which might otherwise have escaped me. Atlantic board to account for all moneys of the GoIn the deed of cession made by Virginia, it is provided vernment disbursed within their limits, either for naval that the lands thus ceded "shall be considered a common purposes, military purposes, objects of internal improvefund for the use and benefit of such of the United States ment, breakwaters, or any purpose whatever, then to as have become, or shall become, members of the confe- strike the balance and pay over. Now, sir, if the general deration or federal alliance of said States, Virginia inclu- principle be true, that the funds of the Government are sive, according to their usual respective proportions in the to be divided equally among all the States, and the progeneral charge and expenditure, and shall be faithfully and ceeds of the public lands are to be so divided, I demand, bona fide disposed of for that purpose, and for no other upon the same principle, that the new States--the States use or purpose whatever." North Carolina made the same of the West and Southwest--shall be remunerated for provision. I have already shown that this clause provided their proportion of those enormous disbursements made on that this fund was especially set apart to defray the cur- the seaboard. If the principle is to be carried out-if rent expenses of the General Government; that, until this equality and justice are to prevail, I am very sure that, fund should be exhausted in paying those expenses, no other upon this general division, the new States will not complain burdens of taxation should be put upon the States, and on the score of interest, however much they might obthence came to the conclusion that Congress had no pow-ject on principle. It cannot be denied that the same States er to divert this fund from its original object. I now con-have not had their share of the disbursements of the Gotend, sir, that the proposed distribution is wholly incon- vernment. They know, however, that the principle is imsistent with the recited compact. At the time this com- practicable. They know that the united interests, the napact was made, each State furnished its share of the ge- tional interests of all the States will not, in all cases, perneral expenditure, according to white population, and mit it; therefore, they do not complain. But they ask of three-fifths of all others, excluding Indians not taxed. the old States to imitate their spirit of liberality, and not Then the proportion of each State could be easily ascer- to ask for the application of the principle in relation to the tained. Now, that the General Government is supported public lands. by indirect taxation, by duties and imports, how are we to ascertain "the usual respective proportions" of each State "in the general charge and expenditure"" It cannot be done, sir. And until this be done, no distribution can be made, according to the principles of this compact. Shall we guess at the usual proportions? Will it be pretended, at this day, that every State, south and west of Maryland, including the latter, does not pay a greater proportion of the revenue, according to the basis of population, than any State north of Maryland?

Sir, the gentleman from Rhode Island [Mr. BURGES] has said that his State has a right to be heard in this debate. I do not deny this right. He has said, that, according to the receipts at the custom-house at New Orleans, each of the nine Western States pays only about sixty thousand dollars per annum of the public revenue, and that Rhode Island pays five times as much. Does the gentleman suppose that all the revenue paid by the Western States is paid at New Orleans? I appeal to the gentlemen around me, from the West, to say whether the duties on the oneLet me illustrate my position by a supposed case. Sup-hundredth part of the merchandise consumed in the West, pose not one cent of the revenue, paid into the common and on which they pay the duty, is paid at New Orleans. treasury, should be expended, and a division of that reve- What becomes of the imports which come coastwise to nue should be made among all the States, according to the that city? Where is the great amount of goods carried principles laid down in this resolution, according to repre- from the Eastern cities over land to the West? But, sir, sentation on this floor. Will any gentleman contend that I thank the gentleman from Rhode Island for another arVOL. VI.-67

H. of R.]

The Judiciary.

[JAN. 14, 1830.

gument which he urged against the amendment. He in- as we all supposed, that the Government had no power sisted that the new States should not be called to an ac- over the subject. So soon, however, as a division of mocount for the donations of land made them, because the ney among the States is proposed to effect the same obpeople of those States had, by their industry and enter-ject, gentlemen turn immediately round in its support. prise, given all the value to the public lands which they They are willing to do indirectly what they dare not do ever possessed. He urged that they had caused lands directly.

which were not worth more than three cents per acre to Sir, if there be gentlemen here who desire to ease the be worth a dollar per acre. He told us, also, that the pub-treasury of its masses of wealth, I beg leave to recom. lic lands had cost the Government about thirty millions of mend that they pay the just claims upon this Government. dollars, and that the Government had realized out of these If they are at any loss to know what is to be done with lands about forty millions of dollars. Sir, the gentleman, their money, I point them to the war-worn soldier of the in his last estimate, has a little exceeded the true amount, Revolution, and say, pay that debt of justice and of grati but it is true that the Government has received more in tude. Sir, when I see a poor old soldier of the Revolution money than it has paid for these lands. It is true that, by pennyless, houseless, comfortless; when I listen to his the industry and enterprise of the West, lands which were tales of heroic valor, and witness the ardor of his patriot. not worth three cents per acre, are now worth one dollar ism, and, at the same time, reflect on the wild, splendid, per acre. Nay, sir, lands that were once not worth three and expensive schemes of this Government, I have turned cents per acre, have been sold by the Government for away with a bleeding heart, and blushed for the honor of from five to ten dollars per acre; and all this was effected my country. by the industry and perseverance of Western citizens. Another reflection has occurred to me. I look upon Yes, sir; the West has not only repaid you for their lands the system proposed to be established by this resolution, more than the lands cost you, but they have paid their full as an anti-emigration system----a system which is intended share of the expenses of the Government, their full share to check the growth of the West. Has it come to this, of the national debt, and they have contributed their full sir? We have had American systems-anti-slavery sysshare, "not only in treasure, but in blood," to sustain your tems--and systems, the Lord knows what; and now we are national character-to add to your national grandeur. to have an anti-emigration system to cripple the West, and Their "darling daughters," as the gentleman from Rhode to prevent the poor of the East from going to the West, Island pleased to call them, have never been unmindful of and cultivating the fertile lands of the West. Money is the interests of this Union. In the hour of peril and of to be divided among them at home--they are to be educa trial, they have shown their fidelity to this Union. And, ted at home, and, I suppose, starve at home. Do you fear if the Union is to be divided some time next summer, I as the increased and increasing power of the West? I hope sure the gentleman from Rhode Island that posterity will not. That power is your power; it is the power of the not point the finger of scorn to these "darling daughters," whole country, and should not be feared by any part. and say, you have blasted the reputation of your virtuous Sir, I have done. I have spoken what I believed to be mothers. Sir, I speak for the people whom I represent, the sentiments of the people whom I serve. when I say there is not a people under the sun who are they cannot be bought up in the support of this resolution more devoted to their Government, to the Union, than the by any sum, much less the paltry and pitiful sum which people of Missouri. would fall to their share under this distribution. I beg pardon of the committee for thus detaining them. But coming, as I do, from a new State-being the sole representative of a new State, whose interests I think are vitally interested, I felt myself constrained to enter into this discussion.

THE JUDICIARY.

Mr. BUCHANAN rose, and said:

I believe

But to return to the resolution. I have said that, if this plan be carried into effect, the people of the new States may bid adieu to the prospect of ever having the title of the United States extinguished. We shall then have the rigid system of public speculators fixed upon us; we shall then have sales of alternate sections made, so that the sale and improvement of one may enhance the value of the other. Sir, while gentlemen have been indulging in their The bill establishing Circuit Courts and abridging the fine feelings of philanthropy--while they are pressing this jurisdiction of the District Courts in the districts of Inresolution forward, with a view of disseminating useful diana, Illinois, Missouri, Mississippi, the eastern district of knowledge among the people, I am surprised that a little Louisiana, and the southern district of Alabama, being consideration should not have been bestowed on the thou-under consideration, sands of poor non-freeholders in the several States, and in the old States, too. Would not they gladly settle and im- Mr. Chairman: It becomes my duty to present to this prove your wild lands? You cannot, forsooth, enable them committee the reasons which induced the Committee on to acquire a home by reducing the price of the public the Judiciary to report the bill to the House which has lands, and thus elevate them to the rank of the most use- just been read. In rising to discharge this duty, I feel ful and happy citizens; but you propose to educate them conscious that the subject is in its nature dry and uninin poverty and starvation, and thus you sharpen their sen- teresting; but its importance demands the attention of sibilities, and make them less able to sustain themselves every member of this committee. In vain may we pass under their own insignificance and degradation. When the most wise and salutary laws, unless we provide an we reflect on these things, sir, is it unreasonable to suspect efficient judiciary to carry their blessings and their benethat gentlemen are desirous of emptying the public treasu- fits home to the people. Without such a judiciary, they ry, so that they may fill it in a way more to their liking? reman a dead letter upon our statute book. May we not well suppose, with the gentleman from Alaba- This bill proposes no new theory--no untried experi ma, [Mr. Lewis] that the friends of this resolution know ment. It pursues the course which has been sanctioned there is in this Union a tax-paying people, and then a tax-by long experience. The Committee on the Judiciary dd consuming people? May we not tremble for the principles not seek to be wiser than those who have gone before us. of our Government when we see appeals to that descrip- This bill, therefore, provides nothing new for the old tion of population to support this measure, who will sup-States of the Union. It merely extends to the new West port it because one dollar is paid into one pocket without ern States that judicial system which has been found to be considering that two are taken out of the other? But the fully adequate to administer justice to all the States east other day the proposition of the gentleman from Massa- of the Alleghany.

chusetts, [Mr. RICHARDSON] to undertake a system of edu- Before I proceed to illustrate the necessity of this mea cation by this Government, was rejected upon the ground, sure, it is perhaps proper that I should briefly present to

Under this act, the Supreme Court of the United States consisted of a chief justice and five associate justices.

In each district of these three circuits, a circuit court was directed to be held twice in each year, to be composed of any two justices of the Supreme Court, and the judge of the district.

[H. of R.

The act of 1801 had but a brief existence. It was swept from the statute book in little more than one year after it became a law, by the repealing act of March, 1802. All the judges created under it were thus legislated out of office. This has been called a high-handed proceeding, and it is one which ought never to be resorted to except in extreme cases; but yet, in my opinion, experience has justified the measure, and has proved that such an extreme case then existed. But more of this hereafter.

the committee some of the prominent points of the judicial history of the United States. Our present system was called into existence by the judicial act of September, 1789; and it demonstrates the wisdom and sagacity of the Congress of that day, that they should, at the very first attempt, have adopted a system, which, with but few alterations, has stood the test of an experience of forty years. Under that act, the United States was divided into thirteen districts, for each of which a district judge was appointed, who was required to reside therein, and to hold a court In April, 1802, the judicial system was re-organized, and to be called a district court. These district courts were placed upon the foundation on which it now rests. The entirely independent of each other. Eleven of these old thirteen States, together with Vermont, were divided thirteen districts, consisting of the eleven States which into six circuits, the first composed of the States of New were then members of the Union, were divided into three Hampshire, Massachusetts, and Rhode Island; the second, circuits. These were called the eastern, the middle, and of the States of Connecticut, New York, and Vermont; the southern circuits. The eastern circuit was composed the third, of New Jersey and Pennsylvania; the fourth, of of the States of New Hampshire, Massachusetts, Connec- Maryland and Delaware; the fifth, of Virginia and North ticut, and New York; the middle, of the States of New Carolina; and the sixth, of South Carolina and Georgia. Jersey, Pennsylvania, Delaware, Maryland, and Virginia; These circuits have ever since continued the same, except and the southern, of the States of South Carolina and that Maine, since its admission into the Union, has been Georgia. The remaining districts of Maine and Kentucky, annexed to the first circuit. This act was the first which not then members of the Union, were not embraced in assigned to each justice of the Supreme Court a particular any circuit; but their district courts were invested with circuit. From the passage of the judicial act of 1789, until the powers of a circuit court. that of April, 1802, the justices of the Supreme Court alternated and travelled over all the circuits. Since that time, each one of them has been confined to a single circuit. The act of 1802 proceeded still further, and recognised the principle that the justices of the Supreme Court ought to reside within their respective circuits. At the date of its passage, four of the justices resided within the circuits to which it assigned them. Upon the resignation of Mr. Justice Moone in 1804, whose residence was in the fifth, but who was assigned to the sixth circuit, the present Mr. Justice Johnston was appointed his successor. Ever since that time, all the justices of the Supreme Court have reThe committee will observe, that the act of 1789 did sided within their respective circuits, except the late Judge not assign the justices of the Supreme Court to particular Washington. And of that lamented judge, permit me to circuits, but intended that they should alternate in holding say, that although he was the citizen of a State out of the their circuit courts. It was soon found to be impractica- limits of his circuit, yet his judicial character was held in ble for them to perform the circuit duties required by this as high estination by the people of Pennsylvania, as will act. Under its operation, the six justices of the Supreme be that of any man who shall probably ever become his Court, besides the performance of their duties in bank, successor. were required, in pairs, to hold circuit courts twice in Kentucky, which became a State of the Union in 1792, each year, throughout the three circuits which embraced and Tennessee in 1796, were not embraced within the all the States of the Union. In 1792, they addressed the circuits created by the act of 1802. Each of them conPresident of the United States upon the subject, who laid tinued to have a district court, which, in addition to the their communication before Congress. This produced the ordinary powers of such a court, was invested with the act of March, 1793, which declared that any one of the jurisdiction of a circuit court. Ohio became a member justices of the Supreme Court, with the judge of the dis- of the Union in 1802; and, in February, 1807, Congress trict, should compose the circuit court. This act, by di-established a seventh circuit, to consist of the States of viding their duties, diminished their circuit labors one half, Kentucky, Tennessee, and Ohio. Under this act, a sixth and enabled them, without difficulty, to attend all the cir- associate justice of the Supreme Court was appointed, to cuit courts. reside within the seventh circuit, and to hold the circuit courts. This circuit has always been too extensive, and the duties of the judge have ever been too laborious to be performed by any one man.

In June, 1790, the States of Rhode Island and North Carolina, and in March, 1791, that of Vermont, came into the Union. The districts of Rhode Island and Vermont were attached to the eastern, and that of North Carolina to the southern circuit.

Since the year 1807, six new States have been added to the Union: Louisiana, in 1812; Indiana, in 1816; Mississippi, in 1817; Illinois, in 1818; Alabama, in 1819; and Missouri, in 1821.

Thus the Judiciary of the United States continued to be organized until the passage of the famous act of February 1801. This act produced great excitement throughout the country at the time of its passage, and met with strong After the passage of the act of 1807, each of the eighteen public disapprobation. It withdrew the justices of the States which then composed the Federal Union, were proSupreme Court from the performance of circuit duties,vided with a circuit court. That act, in this respect, placed and made them exclusively an appellate tribunal. Under them all upon a equal footing. its provisions, the United States were divided into six circuits, and three judges were appointed for each of the first five of these circuits. For the sixth circuit, which consisted of the districts of East and West Tennessee, Kentucky, and Ohio, only one circuit judge was appoint- The purpose of this bill is to extend the circuit court ed; who, together with the district judges of Tennessee system to these new States; and, in doing so, to make such and Kentucky, composed the court for that circuit. The an arrangement of the two new circuits which it proposes district courts throughout this circuit were abolished, and to establish, as will enable the courts to transact the busitheir duties were transferred to the circuit court. Such was ness of the States of Ohio, Kentucky, and Tennessee. the provision which this act made for the performance of these circuit duties, which had been ably and satisfactorily discharged by the six justices of the Supreme Court previous to its passage.

Before I proceed to discuss the merits of this bill, it is necessary, to a correct understanding of the subject, that I should present to the committee the great outlines of the jurisdiction of the circuit courts of the United States.

H. of R.]

The Judiciary.

[JAN. 14, 1830.

I need scarcely repeat, that they are composed of one of Court in Washington, we must all admit that his labors are the justices of the Supreme Court and the judge of the dis- very severe.

Another cause has contributed much to swell the busi

trict in which they are held. They do not possess origi- This circuit is not only too extensive, but there is a nal jurisdiction in any case, unless the sum in controversy great press of judicial business in each of the States of exceeds five hundred dollars. Above that amount they which it is composed. In addition to the ordinary sources have unlimited original cognizance, concurrent with the of litigation for the circuit courts throughout the Union, courts of the several States, of all suits of a civil nature, particular causes have existed for its extraordinary accuat common law or in equity, in which the United States mulation in each of these States. It will be recollected are plaintiffs, or in which an alien is one party, and the citi- that, under the constitution and laws of the United States, zen of a State the other; or in which the controversy is the circuit courts may try land causes between citizens of between a citizen of the State where the suit is brought, the same State, provided they claim under grants from and a citizen of another State. If an alien be sued in a different States. In Tennessee, grants under that State State court by any State or the citizen of a State, or if and the State of North Carolina, for the same land, often the citizen of another State be sued in a State court by a come into conflict in the circuit court. The interfering citizen of the State in which the suit is brought, the de- grants of Virginia and Kentucky are a fruitful source of fendant in either case may remove the cause into the cir- business for the circuit court of Kentucky. These causes, cuit court of the United States. The jurisdiction of the from their very nature, are difficult and important, and circuit court also extends to controversies between citi- must occupy much time and attention. Within the Virzens of the same State, claiming lands under grants of dif- ginia military district of Ohio, there are also many disputferent States; and causes of this nature may be removed ed land titles. by either party from the courts of the States into the cir cuit court. Besides this extended original jurisdiction, ness of the circuit court of Kentucky. The want of conthe circuit courts are courts of appeal, in which the judg-fidence of the citizens of other States in the judicial triments and decrees of the district courts may be reviewed, bunals of that State, has greatly added to the number of in all civil cases in which the sum in controversy exceeds suits in the circuit court. Many plaintiffs, who could, with fifty dollars. When we consider that the district courts greater expedition, have recovered their demands in the "have exclusive original cognizance of all civil causes of courts of the State, were compelled, by the impolitic acts admiralty and maritime jurisdiction," this single branch of of the State Legislature, to resort to the courts of the their power must be the fruitful source of many appeals United States. Whilst these laws were enforced by the to the circuit courts. State courts, they were disregarded by those of the Union. In making these remarks, I am confident no representative from that patriotic State will mistake my meaning. I rejoice that the difficulties are now at an end, and that the people of Kentucky have discovered the ruinous policy of interposing the art of the law to shield a debtor from the just demands of his creditor. That gallant and chivalrous people, who possess a finer soil and a finer climate than any other State of the Union, will now, I trust, improve and enjoy the bounties which nature has bestowed upon them with a lavish land. As their experience has been severe, I trust their reformation will be complete. Still, however, many of the causes which originated in past years, are yet depending in the circuit court of that State.

The judgments or decrees of the circuit courts are final and conclusive in all cases in which the amount in controversy does not exceed two thousand dollars, unless when the two judges who compose them are divided in opinion upon some point which may have arisen during the trial. The circuit courts also possess exclusive original jurisdiction of all crimes of an aggravated nature committed against the United States; and they have concurrent jurisdiction with the district courts of all other offences. Their judgments in all criminal cases are conclusive, unless the judges are divided in opinion. If there has been such a division between them, either in a civil or criminal case, the point of disagreement may be certified to the next Supreme Court for a final decision.

In 1826, when a similar bill was before this House, we Having thus given a hasty sketch of the history of the had the most authentic information that there were nine Judiciary of the United States, and of the jurisdiction of hundred and fifty causes then pending in the circuit court of the circuit courts which this bill proposes to extend to the Kentucky, one hundred and sixty in the circuit court for six new States of the Union, I shall now proceed to pre- the western district, and about the same number in that sent the views of the Committee on the Judiciary in rela- for the eastern district of Tennessee, and upwards of two tion to this important subject. In doing this, I feel that, hundred in Ohio. Upon that occasion, a memorial was before I can expect the passage of the bill, I must satisfy presented from the bar of Nashville, signed by G. W. the committee, first, that such a change or modification of Campbell as chairman, and Felix Grundy, at present a Sethe present judiciary system ought to be adopted, as will nator of the United States, as secretary. These gentleplace the Western States on an equal footing with the men are both well known to this House, and to the counother States of the Union; and, second, that the present try. That memorial declares that "the seventh circuit, bill contains the best provisions, which, under all the cir- consisting of Kentucky, Ohio, and Tennessee, is too large cumstances, can be devised for accomplishing this pur- for the duties of it to be devolved on one man; and it was absolutely impossible for the judge assigned to this circuit to fulfil the letter of the law designating his duties. Such has been the delay of justice in the State of Tennessee, "that some of the important causes now pending in their circuit courts are older than the professional carcer of almost every man at the bar."

pose.

And first, in regard to the States of Ohio, Kentucky, and Tennessee. It may be said that the existing law has already established circuit courts in these three States, and why then should they complain? In answer to this question, I ask gentlemen to look at a map of the United States, and examine the extent of this circuit. The disThe number of causes depending in the seventh circuit, tance which the judge is compelled to travel, by land, for I am informed, has been somewhat reduced since 1826; the purpose of attending the different circuit courts, is, but still the evil is great, and demands a remedy. If it of itself, almost sufficient, in a few years, to destroy any were possible for one man to transact the judicial business common constitution. From Columbus, in Ohio, he pro- of that circuit, I should have as much confidence that it ceeds to Frankfort, in Kentucky; from Frankfort to Nash- would be accomplished by the justice of the Supreme Court ville; and from Nashville, across the Cumberland moun- to which it is assigned, as by any other judge in the Union. tain, to Knoxville. When we reflect that, in addition to His ability and his perseverance are well known to the nahis attendance of the courts in each of these States, twice tion. The labor, however, both of body and mind, is too in the year, he is obliged annually to attend the Supreme great for any individual.

JAN. 14, 1830.]

The Judiciary.

[H. of R.

Has not the delay of justice in this circuit almost amount- as our right. But there are several other good reasons why ed to its denial? Are the States which compose it placed the system ought to be extended to these States. And, in the upon the same footing in this respect, with other States of first place, the justices of the Supreme Court are selected the Union? Have they not a right to complain? Many from the very highest order of the profession. There is evils follow in the train of tardy justice. It deranges the scarcely a lawyer in the United States who would not be whole business of society. It tempts the dishonest and proud of an elevation to that bench. A man ambitious of the needy to set up unjust and fraudulent defences against honest fame ought not to desire a more exalted theatre for the payment of just debts, knowing that the day of trial is the display of ability and usefulness. Besides, the salary far distant. It thus ruins the honest creditor, by depriv-annexed to this office is sufficient to command the best taing him of the funds which he had a right to expect at or lents of the country. I ask you, sir, is it not a serious near the appointed time of payment; and it ultimately grievance for those States to be deprived of the services tends to destroy all confidence between man and man. of such a man in their courts? I ask you whether it is equal A greater curse can scarcely be inflicted upon the peo-justice, that whilst, in eighteen States of this Union, no ple of any State, than to have their land titles unsettled. man can be deprived of his life, his liberty, or his proWhat, then, must be the condition of Tennessee, where perty, by the judgment of a circuit court, without the there are many disputed land titles, when we are inform- concurrence of two judges, and one of them a justice of ed, by undoubted authority, "that some of the important the Supreme Court, in the remaining six the fate of the causes now pending in their circuit courts are older than citizen is determined by the decision of a single district the professional career of almost every man at the bar." judge? Who are, generally speaking, these district Instead of being astonished at the complaints of the peo-judges? In asking this question, I mean to treat them with ple of this circuit, I am astonished at their forbearance. no disrespect. They receive but small salaries, and their A judiciary, able and willing to compel men to perform sphere of action is confined to their own particular distheir contracts, and to decide their controversies, is one tricts. There is nothing either in the salary or in the staof the greatest political blessings which any people can tion which would induce a distinguished lawyer, unless enjoy; and it is one which the people of this country under peculiar circumstances, to accept the appointment. have a right to expect from their Government. The pre- And yet the judgment of this individual, in six States of sent bill proposes to accomplish this object, by creating a the Union, is final and conclusive, in all cases of law, of new circuit out of the States of Kentucky and Tennessee. equity, and of admiralty and maritime jurisdiction, whereThis circuit will afford sufficient employment for one jus- in the amount of the controversy does not exceed two tice of the Supreme Court. thousand dollars. Nay, the grievance is incomparably Without insisting further upon the propriety, nay, the greater. His opinion in all criminal cases, no matter how necessity, of organizing the circuit courts of Ohio, Ken- aggravated may be their nature, is final and conclusive. tucky, and Tennessee, in such a manner as to enable them A citizen of these States may be deprived of his life, or of to transact the business of the people, I shall now proceed his character, which ought to be dearer than life, by the to consider the situation of the six new States, Louisiana, sentence of a district judge; against which there is no reIndiana, Mississippi, Illinois, Alabama, and Missouri. Their dress, and from which there can be no appeal. grievances are of a different character. They do not so There is another point of view in which the inequality much complain of the .delay of justice, as that Congress and injustice of the present system, in the new States, is have so long refused to extend to them the circuit court very striking. In order to produce a final decision, both system, as it exists in all the other States. As they suc- the judges of a circuit court must concur. If they be dicessively came into the Union, they were each provided vided in opinion, the point of difference is certified to the with a district court and a district judge, possessing circuit Supreme Court, for their decision; and this, whether the court powers. The acts which introduced them into our amount in controversy be great or small. The same rule political family declare that they shall be admitted into applies to criminal cases. In such a court, no man can be the Union on an equal footing with the original States, in deprived of life, of liberty, or of property, by a criminal all respects whatever." I do not mean to contend that prosecution, without the clear opinion of the two judges by virtue of these acts we were bound immediately to ex- that his conviction is sanctioned by the laws of the land. tend to them the circuit court system. Such has not been If the question be doubtful and important, or if it be one the practice of Congress, in regard to other States in a si- of the first impression, the judges, even when they do not milar situation. I contend, however, that these acts do really differ, often agree to divide, pro forma; so that the impose an obligation upon us to place them "on an equal point may be solemnly argued and decided in the Supreme footing with the original States," in regard to the judiciary, Court. Thus, the citizen of every State in which a circuit as soon as their wants require it, and the circumstances of court exists, has a shield of protection cast over him, of the country permit it to be done. That time has, in my which he cannot be deprived, without the deliberate opinion, arrived. Louisiana has now been nearly eighteen opinion of two judges; whilst the district judge of the six years a member of the Union, and is one of our most com- new Western States must alone finally decide every crimimercial States; and yet, until this day, she has been with-nal question, and every civil controversy in which the out a circuit court. It is more than thirteen years since amount in dispute does not exceed two thousand dollars. Indiana was admitted; and even our youngest sister, Mis- In the eastern district of Louisiana, the causes of admisouri, will soon have been nine years in the family. Why ralty and maritime jurisdiction decided by the district should not these six States be admitted to the same judi- court must be numerous and important. If a circuit court cial privileges which all the others now enjoy? Even if were established for that State, a party who considered there were no better reason,' they have a right to demand himself aggrieved might appeal to it from the district court it for the mere sake of uniformity. I admit this is an ar- in every case in which the amount in controversy exceeded gument dictated by State pride; but is not that a noble fifty dollars. At present there is no appeal, unless the vafeeling? Is it not a feeling which will ever characterize lue of the controversy exceeds two thousand dollars; and freemen? Have they not a right to say to us, if the circuit then it must be made directly to the Supreme Court, a court system be good for you, it will be good for us? You tribunal so far remote from the city of New Orleans, have no right to exclusive privileges. If you are sove-as to deter suitors from availing themselves of this prireign States, so are we. By the terms of our admission, vilege.

we are perfectly your equals. We have long submitted to I shall not further exhaust the patience of the committhe want of this system, from deference to your judgment; tee on this branch of the subject. I flatter myself that I but the day has now arrived when we demand it from you have demonstrated the necessity for such an alteration of