Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress Page: 65
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APPENDIX—To Gales & Seaton's Register.
1 2d SeSon!8' I Memorial of the Nashville Bar.—Convention with Russia. [Sen. & H. of R.
Tennessee, to dispense, altogether, with the Circuit
Court. This was far from their intention. If the pre-
sent state of things remains, either Ohio or this state will
be deprived of the benefit of the attendance of a Judge
■of the Supreme Court. Bat, arranged as the Courts
were before the last Congress, the Judge of the Sev-
enth Circuit never had it in his power to remain at Nash-
ville during a whole session. He has always been ne-
cessarily called off before the end of the term, to hold
court at some other place ; which circumstance, alone,
has been productive of great inconvenience and delay.
The Circuit Court, for this district, commonly sits from
six to eight weeks; and it is believed, that 110 possible
arrangement of the sessions of the court, under the pre-
sent system, can prevent an interference, so as not, ne-
cessarily, to deprive one or more circuits of the benefits
ofa Judge of the Supreme Court.
To show to your honorable body the situation of the
business in the Circuit Court for the district of West
Tennessee, the following statement is submitted with
regard to the number of suits depending therein : On
the trial docket of said court, in 1819, there were one
hundred and seventy suits ; in 1820, there were one
hundred and fifty-two; in 1821, there were two hundred
and two; in 1822, there were one hundred and forty-
eiffhtj in 1823, one hundred and eighty-five; and in
1824, one hundred and sixty-one. The most of these
suits were of importance, either as to amount or in prin-
ciple. Many of them involve difficult questions in law
or equity, upon the decision of which, depend large and
valuable tracts of land, and, sometimes, the whole
estates of individuals. The above number of suits is not
the annual product of each year—they have been accu-
mulating from-time to time—-have been sometimes con-
tinued for the want of a competent court, at others be-
cause they were not reached, until some of them are
older than the professional career of almost every man at
tins bar. The delay of justice is almost equivalent to
its denial; and when the extent, of this district, and the
distance from which witnesses are summoned, are taken
into view, it will be seen that the expense of protracted
litigation must be ruinous. No method occurs to us,
that will have a tendency to prevent the highly injuri-
ous and fatal consequences which we have endeavored
to point out, but a change or reformation in the judicia-
ry system, or in the number of Judges; and to attain
this' end, we have made this appeal to the National
Upon the most mature consideration that we have
been able to give to the subject, we think ihe most ac-
ceptable plan would be, to form new additional circuits
in the Western country, and to appoint three Circuit
Judges, who shall likewise be Associate Justices of the
Supreme Court of the United States.
Your memorialists cannot perceive the force of the ob-
jection which has been urged against this plan, that ten
will be too great a number of Judges for the Supreme
Court of the United Slates. In England, no practical in-
convenience is found from having twelve, or, in truth,
including the Lord Chancellor, thirteen Judges for the
decision of cases in a court of last resort; and we con-
fidently refer to the results of experience in that coun-
try. No good reason can be given why ten Judges can-
not transact business with equal ease, celerity, and abili-
ty, as seven; and should it so happen that, upon ques-
tions of great importance, an equal division oi opinions
should exist, in all probability, it would he better lor the
community that such question should remain undecided,
and that the cause be decided by an affirmation
judgment of tile court below. It may also be saia, aiat
the court, as at present constituted, cannot transact the
business on the docket of the Supreme Court, and that
increasing the number of Judges will not obviate, but
, rather add to, this difficulty. Why is not the business
HOW transacted > Because the Judges are compelled to
attend their circuits, in the different states, which are
held, we believe, twice a yeairin every state and district
in the Union, except in Tennessee. In that state, owing
to its division into two districts, wholly unconnected
with each other, so far as relates to the Federal Court,
as much as if they were in different states, there is bat
one Circuit Court held in a year, for the transaction of
business, tn the Circuit Courts of the United States,
held in almost every state of the Union, perhaps in all
but three or four, the business on the dockets can be,
and is, completed in four or five days. Were the Cir-
cuit Courts held in each state or district but once a year,
this would enable the Judges of the Supreme Court to
hold their sessions for a much longer period of time, and
complete the business before them. The inconvenience
of having but one Circuit Court in a year, would be
much less than that arising from the great delay, which
now exists, in the disposition of the causes in the Su-
preme Court. The practical effect of the present sys-
tem, both as to the Supreme and Circuit Courts, is, that
the causes of the least importance, and where the amount
in controvei-sy is small, are now immediately disposed
of, and, others are delayed, from year to year, without
argument or decision.
We respectfully submit these our sentiments and views,
hoping that they will be received by you in that spirit
which ought to characterise an American Congress; and
we trust that your enlightened body will remove the nu-
merous inconveniences and great evils which Tennessee,
in common with the other Western states, now suffers,
from the organization of the present judicial system of
the United States.
G. W. CAMPBELL, Chairman.
Fet.ix Giuisdy, Secretary.
From the President of the United States, trans-
mitting a copy of the Convention between the
United Stales'and the Emperor of Jlussia. Jan-
uary 21, 1825.
To the Senate anil Ihuse of
Jiepresciitaiives o f the United States:
I communicate, herewith, to both Houses of Congress,
copies of the Convention between the United States
and His Majesty the Emperor of all the Itussias, conclud-
ed at St. Petersburg-on the5th(17th) of Aprillast; which
has been duly ratified on both sides, and the ratifications
of which were exchanged on the 11th instant.
Washington, \3th January, 1825.
By. the President of the United States of America,
Whereas a Convention between the United States of
America and His Majesty the Emperor of all the Kiissi.iA,
was concluded and' signed at St. Petersburg, on the
5th (17-th) day of April,in the year of our Lord one thou-
sand eight hundred and twenty-four; which Conven .on,
as translated from the French language, is, word for
word, as follows :
In the name of the most Holy and Indivisible Trinity •'
The President of the United States of America and
His Maiesty the Emperor of all the. Russias, wishing
to cement the bonds of amity which unite them, and
to secure between them the invariable maintenance
of a perfect concord, by means of the present
Convention, have named, as their Plenipotentiaries,
to "lis effect, to wit; The President of the Umted
of America, Hksht Mrrowrosr. a citizen of said
Ilates, ^d tL.r Envoy Extraordinary and. Mister
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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/m1/441/: accessed October 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.