Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress Page: 63
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APPENDIX—To Gales & Section's Register.
182d Location and Improvement of Indians.—Nashville Bar. [H. of R. & Sen.
STATES AND TEBIIITOIUES.
New York, -
ber of Indians.
oi lu!id claimed.
("The number of Indians embraces those in the cotin-
I try West of Lake Michigan, as well as those in the
i peninsula of Michigan; the information being sucli
Las not to admit of a separate enumeration.
C Some of the Indians claiming lands in these states
\ reside partly in both; the particular number in
Ceither cannot therefore be stated.
The Indians claiming lands in these states, do not
' all reside in any one or them, except the Chicka.
saws i and it cannot therefore be stated what is the
j particular number residing in each state.
f The Qsages and Piankeshaws are scattered in Mis-
} souri and Arkansas, and most of the former beyond
the limits of either; it cannot therefore be stated
\.what is the particular number of Indians in either.
Department oj? Wan, Office Indian
Jan. 10, 1825.
THUS. L. M'KlSNNEY.
Of the Members of the Bar of Nashville, in the
State uf 'I'mnessee.—fan. 4, 1825.
To the Honorable the Senate and House of Representatives
of the United States of America, in Congress assembled'
The members of the Bar of Nashville, in the state of
Tennessee, beg leave, respectfully, to submit to your
honorable body, a brief statement, showing the evils ex-
perienced by the Western States, in consequence of the
defective organization of the Federal Judiciary System,
In the nine Western States, there is only one Circuit
Judge ; and, of course, only one member of the Su-
preme Court of the United Stales. Seven of those states
are, at this time, entirely excluded from all the benefits
to be derived from the presence and learning of a Judge
of the Supreme Court. If this be a privation, followed
by serious injuries to the states in that situation, it is time
that a remedy should be applied by the National Legis-
lature, or its application be clearly shown to be imprac-
W hen the extensive grant of judicial power was made
by the Constitution, to the Federal Government, it be-
came the duty of that Government to provide for the
exercise of those powers in a mode equal in its opera-
tions, and by courts fully competent, by their ability,
learning, and knowledge of the laws which they were to
administer. At present, there exists a great inequality
in the exercise of this power—in states where there is
comparatively, little or no business, a Judge of the Su-
preme Court is associated in the administration of jus-
tice with the District Judge. The questions presented
are decided by a court which, almost, ensures correct-
ness and satisfaction ; or, if the question is difficult, and
worthy of a more solemn examination, by a division of
opinion in the court it may be brought before the Su-
preme Tribunal, when the amount in controversy, or
the situation of the litigants, would not otherwise allow
this to be done. In other states, where the dockets are
crowded with business, where property, to an immense
amount, is m dispute, and where questions of the great-
est moment, to the parties and the community, are to be
decided, the courts are, sometimes, as we hare been in-
formed, composed only of a District Judge, of inferior
talents, whose judgment, no matter how palpably erro-
neous, if the amount is under two thousand dollars, is
irreversible, beyond examination, and carries with it dis-
aster and utter ruin to the suitor ; and if the amount is
such as allows of a writ of error, it is too often impossi-
ble for the injured party, either from poverty or want of
friends, to purchase the expensive and distant remedy.
But, if it should be a criminal prosecution, by an error^
in which the character, or liberty, or property, or life of
the citizen is to be affected, then he must bow in sub-
mission to the erroneous judgment of a single Judge.
And if, instead of imbecility, the District Judge is en-
dowed with great talents and learning, yet, there can be
no division of opinion, which is of such infinite import-
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress, book, 1825; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc30752/m1/439/: accessed January 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.