Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Nineteenth Congress Page: 13
1632 columns, xi p. ; 25 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
18
OF DEBATES TO CONGRESS.
14
DEC, 14, 15, 1825.]
On the Judiciary.
[SENATE.
Webjmdii, DEC. 14, 1825.
The Senate proceeded to consider the following resolu-
tion, submitted yesterday by Mr. Eatos :
ifeaoletd, That the Committee on the Judiciary inquire
into the expediency of so amending the judicial system of
the United States, as that each and all the States may
equally participate in its benefits.
Mr. EATON said, he was not aware it was necessaiy to
offer any explanation of the resolution; he merely desired
to call the attention of the Committee on the Justiciary to
the subject, as it was one of very great importance to the
section of country where he resided. In the year 1789,
five Associate Justices and one Chief Justice had been
deemed necessary to discharge the judicial functions of
the United States. At that period the population of the
country was not greater than is the present population of
the Western States, where but a single Associate Judge
was now assigned. He was now incompetent to the labor;
and in fact the performance of his duties had almost de-
stroyed his constitution. Many complaints had been made
on tile subject, but ever)' application had been refused or
put off for want of time or inclination to meet and act upon
it. He said there was much business in the country which
necessarily came into the United States' Courts, and in
which, if any error existed, there was no mean of correction
by appeal to the Supreme Court. The People of the West
were not satisfied with the kind of justice which had been
extended to them. They had repeatedly applied for some
amelioration. He hoped, therefore, that the Judiciary
Committee would give to the subject the earliest atten-
tion. The Western country had not had fair dealing on
tbe subject, and, until they should be placed on the same
footing with the other States of this Union, as respected
their Judiciary, they would never cease to complain, and
to ask redress.
The resolution was then agreed to.
The Senate then proceeded to the consideration of the
following resolutions, submitted by Mr. Holmes :
Euolved, That the Committee on Finance be instructed
to inquire into the expediency of regulating the duties on
certain goods, so far as to prevent the illegal introduction
ing of the gentleman from Pennsylvania was correct. If
he recollected right, both the bilfa brought forward last
went there now.
The resolutions were then agreed to.
.The Senate then proceeded to consider the following re-
solution, submitted by Mr. LLOYD, ofMassacluisetts, yes-
terday :
Resoktd, That the Secretary of the Navy be directed to
cause to be laid before the Senate, the proceedings and
judgment of the Court of Inquiry in relation to the employ-
ment of the squadron under Commodore Porter, for tlie
suppression of Piracy in the West Indies, and the trans-
portation of specie, in vessels of the United States, during
the years 1823 and 1824, and, also, the proceedings of
the Court Martial in reference to the transactions at Fox-
ardo.
Mr. LLOYD observed, that the first part of the resolu-
tion—that relating to the proceedings of the Court of In-
quiry—had been offered at the solicitation of Commodore
Porter himself. The second part of the resolution, Mr. L-
said, he had added because the proceedings of the Court
Martial had been printed, by order of the Navy Depart-
ment, for the use of the Members of Congress, and were
now ready for distribution : and, as there could be no ob-
jection to receiving them, he had thought it as well to
make the call for them while requiring the proceedings on
the first named subject.
The resolution was then agreed to.
TiirnsDiT, December 15, 1825.
The Senate proceeded to consider the resolution sub-
mitted yesterday by Mr. JOHNSTON, of Louisiana, on the
subject of the Judiciary.
Mr. JOHNSTON said, that the resolution he had sub-
mitted required no illustration. The subject was familiar
to the Senate, and especially to the Committee to whom it
was proposed to be referred. It had been repeatedly
pressed upon Congress; and, at the past session, it had
of such goods from Provinces or Territories adjacent to the j been deferred, under the assurance, that, at the present,
United States. j something definitive should be done. Mr. J. said, that,
jRe&Jted, That the Committee on Finance be instructed j when this subject was thrown open, so many different
to inquire into the expediency of revising and altering the views were taken ; so many projects for the reorganiza-
several laws relating to the coasting trade. i tion of the Courts were presented : such diversity of opi-
Rmdved, That the Committee on Finance be instructed j nion prevailed, diat every scheme successively failed. The
to inquire into the expediency of altering the law relative | new States, aware of the difficulty of perfecting, in any
to the seizure and forfeiture, so far as respects small par-
cels or packages, of good3 illegally brought into the United
States.
Sir. HOLMES observed, that, last year, separate bills
passed the Senate on the subjects of the two latter resolu-
tions, but were not acted on by the other House. The act
which we passed in 1790 or 1792, regulating the coasting
trade, only related to the Atlantic coast, and the waters on
that coast. This act was altered in 1820, but no provision
was made to regulate the trade on the interior waters.
The end proposed by the bill relating to seizures and for-
feitures, was, to provide for a more expeditious mode of
seizure and forfeiture of goods illegally imported in small
parcels, and thus lessen the expenses of adjudication.
Mr. FINDLAY" said, he was not so conversant with the
subject as the honorable mover, but it appeared to him
that one, if not two, of the resolutions ought to be referred
to the Committee on Commerce—if they were to he refer-
red to the Committee on Finance, on the ground that any
regulations in the coasting trade would affect the Finances,
then almost every subject coming before the Senate ought
to come before the Committee on Finance—-it would be
short time, any new system of reconciling public opinion
to it, as well as the time necessary to arrange all the de-
tails of an extensive and complicated plan, had now to ask
of Congress to extend to them at once the benefits of Cir-
cuit Courts ; and, at the same time, to remedy all the in-
conveniences from the defective arrangements of these
Courts, as well as the laws regulating the jurisdiction and
the mode of proceeding. Mr. Johnston said, the first part of
the resolution related to the Supreme Court, and, unless
some amendment could be obtained in its terms, it would
be useless to ask an extension of the Circuit Courts. He
said, he presumed that, at every term, 70 or 80 causes
were left undecided and that, at this time, more than
twice that number were on the docket, and that that Court
could not, in the short space allotted to them, determine
half those causes. The effect was, that no judgment could
be had in the Court of last resort under two years, and
sometimes three ; that the Court could not now keep pace
with the progress of business, and the docket would con-
stantly augment that a great mass had already accumu-
lated, involving constitutional construction, property to an
immense amount, and principles of great interest. Such
difficult to make any regulation in commerce but would af-; a distribution of the Circuit Courts must be made, as will
J'<*ct finance. j afford a longer session to the Supreme Court, and, even
Mr. I.LOYP, ofMassaohusctts said, the general reason-1 then, it is feared that some time will elapse before they
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the First Session of the Nineteenth Congress, book, 1826; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30753/m1/11/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.