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DAILY, . B7 SNOWDEN & THORNTON, ABD (roa THE COCHTBY,3 OH TUESDAYS, THURSDAYS AND SATURDAYS. COBBER OP FA1BPAX-ATEKT AH» PBlHTyV ALLEY. Daily Paper, §8—Country Paper, &5, per annum MONDAY, JANUARY 9, 1826. JUDICIAL BILL. The House resolved itself into a Committee on the bill to am- nd the Judicial system; Mr. Tomlinson (of Con.) in the chair. The question recurring on the motion of Mr. Mercer of Virginia to amend the bill by strik ing out the first section— Mr. MERCER said he was persuaded the House would do him the justice to believe that he spoke with perfect sincerity when he made the avowal that never, at any period of his life, had he undertaken a heavier responsibility than that which he was, at this moment, about to as sume; nor had he ever undertaken any on which he so sensibly lelt the inadequacy ol his own powers to sustain with the effect he desired, the part which he had assigned to himself in this important discussion. He was free to confess that he had been under the influence of serious alarm, when he heard the bill, lor the first time, reported to the House without a single voice being raised in opposition to the general prin ciples on which it was founded; and, again his apprehensions were excited yesterday, on per ceiving ih it it was approaching the same point, when the voice of his honorable colleague broke gratefully upon his ear, sounding the welcome signal opposition, lie was not onlv oppressed with the vast importance of the question ou which he was about to address the Committee; but he could not be insensible of the unfortunate situation in which he found himself placed, in om ')-»»'ion to the powerful Committee on the Ju diciary, composed as it was, of individuals cel eb, .ued for the profundity of their professional knowledge, the extent of their general acquire ments. and the weight of their separate and co ibined reputation. Against such a phalanx, he could hope but for little success. One rav of light, however, broke upon him ! The Committee had, themselves, hesitated as to the policy of the bill. The chairman him self, whose opinion had always the weight of an authority, had, in effect, pronounced the in competency of the bill He felt strengthened in the jesolution of resistance, when he heard the argument which was delivered yesterday, and in a manner which driighted him, by a pa triot soldier of the revolution; and much was he astonish* d, when he regarded the nature of his propositions, to discover by what path he had reached the conclusions at which he had arriv ed, that the bill before the Committee could be looked on as a remedy for the evils which he had pictured. What are the evils? He had listened with pleasure, while the gentleman from Massachusetts, in the brief history with which he had favored the House, had given his opinion, that the first Congress had been pecu liarly felicitous in striking out at once, a sys tem of Judiciary so well adapted to the genius and exigencies of the country. He understood him to state that the only evil which resulted to the states on this side of the Allegany moun tains, was that of delay, and that this would be remedied by the bid which was before the Committee. So much for the states which lie on this side of the mountains; as relates to them, the present system has, during an existence ol 36 years, given entire satisfaction, from one end ©i these slates to the other, from the Northern to the Southern extremities W here then are the evils? They are to be sought for beyond the frontiers of the territory which he had des cribed; in a portion of the Union, in the happi ness and prosperity 01 wnicn nis icciing* as perfectly enlisted as in the welfare of the At lantic states; in which he ought to feel as deep an interest, for he was well acquainted with its worth, and held in the profoundest respect the virtue and genius which originated there. In what portion of this territory should he look for these evils? They were confined, as was admitted by the friends of the bill, to one solitary district, comprising three states; and in what manner do they originate? Let us ga- j ther the facisfrom the same source. How has : the delay arisen in Kentucky, where we are in - formed there are nine hundred and fifty causes on the docket, while, within three years, two thousand causes have been disposed ol? 1 he Judge, a man worthy of our highest veneration and warmest affection, has been stretched on the bid of sickness; and, owing to this affliction, this accumulation of causes has taken place.—— Applying the principles of computation to this evil, what cause of alarm does it present? A cause involving aSmatter of fact and testimony, and occurring in a remote region Passing from Kentucky to Tennessee, we find there are two hundred and twenty cases remaining over in the western part of the state of 1 ennessee. We are not told with what despatch the Circuit i Court has proceeded in the eastern section of Tennessee. If we pass into Ohio, we find the number of undecided causes still less. With a view to reduce this mountain to a molehill, he would state a curious fact, for which he was indebted to the Deputy Clerk of the Supreme Court, which would tend to illus trate the extent to which a new organization of the Supreme Court, iD the manner prescribed bv this bill, would apply a remedy He lound that the appeals from the state of Ohio were nine; from Indiana, there was one, from \>est ern Virginia, one; from Mississippi two; from West Tennessee one; from East 1 ennessee nine It would lie seen by this statement that where ah-re is no Circuit Court, in which a Supreme j Judge presides in association with a District J Judge, but where the District Court exercises the jurisdiction of a Circuit Court, there has been no appeal; while there are frequent ap peals from the district which enjoys the pre sence and privilege of a Circuit Court. He had not looked into the fact; but he understood that there was but one appeal from Western Virgi nia, a portion of the State which comprehends a moiety of the population, and three-fifths of the territory of the whole state. 'I hus it is in variably found to be the case, that where we have Circuit Courts established we have ap peals to the Sunreme Court; while, on the oth er hand, where there is no Supreme Judge, ca ses are decided by the District Judge, sitting alone, and from whose decisions we hear of no appeals. With respect to .the derangement of the business in Kentucky; the divisions of the Kentucky Judiciary had thrown a great num ber of cases into the Supreme Court. Suitors finding the course of justice in the State Courts interrupted, were compelled to adopt the alter native of going into the Supreme Court. Is the remedy which is proposed by the bill now under consideration, proportioned to the evil which it professes to correct? The remedy proposes the creation ol new Circuits west of the Mountains; to make an addition to the Judges on the Bench of the Supreme Court, in order to supply the present delects, and to cor rect the anomalous features in the Judiciary ol the Western States. \\ hen these reformations had taken place, therefore, it appeared to him that the system would still be liable to all the objections which are urged by the gentleman from South Carolina, as reasons for the parsing of the bill. After the bill should have passed, those States will receive the same Judges; what then becomes of the injustice which had rous ed the eloquence of the gentleman from South varoiina. 1 nai gentleman the inequality which at present prevailed, as odious in its character. If so, it was instituted at the desire of the people themselves, who had asked for a District Court without a Supreme Judge. An honorable colleague ol his was the author of that system, in Western Virginia. How many causes were exhibited on its dock et, he could not tell. The district had, howev er, been subsequently divided. The evils which are thus complained of in the Western States, are not heard of here, in the form in which ihey have been pointed out bv the gentleman from Massachusetts; and if they did exist, they would not he remedied hy this bill. Do not all remember, how many years the Supreme Court has been in operation without any disapprobation in all this exten sive country? Are we not aware that the very evils which we now propose to iemedy, were originallv proposed by the Judges themselves; and were rendered necessary by the difficulties which stood in the way of an intercourse be tween remote sections of the country? Between 1801 and 1803, a measure was proposed for their relief. This relief was to he afforded them by reducing the number of the Circuit Courts, and discharging the Supreme Judges from the exercise of their duties. What are we now called on to uo, when our country is still further extended, when our wealth has been quadrupled, and our commerce increased? The only proposition which succeeded at that time, was to add one term >o the Court. Since that period, we have passed through a war, lrom which we came with unfaded honor; we are now in the enjoymertt of- universal content ment, beset bv no evils but those which fancy creates to guide her path along with her sister ; reason. At such a moment of tranquility and , welfare, this question, after having been raised to agitate the people out of the House, is bro’t within its walls to produce discussion and dis may. The honorable member then proceeded to show that in all cases in which the decisions of! the Supreme Court had produced any discord | in particular sections of the United States, the evil which was produced was as bounded in its extent, as it was transient in its cause: He re ferred to the dissatisfaction which was excited in Pennsylvania, when that State called on her sister States to stand by her in resisting the de cision, and threatened to arm her militia to op pose the law: At that moment, when this spi rit of dissatisfaction was in existence, and when the Government was on the point ofcalling out the troops of the United States, Pennsylvania called on Virginia, in vain, to assist. He re membered that Virginia had said, that the Constitution had provided the tribunal, and she W0UK1 IlOl IIUCnriT IU uniuiu via uivniwu. This course received the approbation of the Union. In the largest and most populous States, he knew of no complaint against the present Supreme Court says»em. The power was conceded to the Supreme Court to sctttle constitutional questions. It had acted on this power iti the case of the U. S. Here the court was in opposition to the wishes ol V irginht; but she submitted to the power vested in the court. Wou'd gentlemen proceed to remove the com plaint now made in the State of Kentucky on the subject of the United States’ Bank? Will the addition of three Judges on the Bench of the Supreme Court produce a remedy? How were the proposed Judges to be selected? He expected that they would be taken from the Western States It would be so, as a matter of course. The House, by passing the bill, would give sanction to the selection of them from the West. What then? There will he four Western Judges It was true, the present venerable Judge from the West was now lying sick in Kentucky, but he hoped he had still before him a long prospect of the continuance of a life which had been as advantageously as it had been honorably devoted to his country He knew much of that venerable Judge, who deserved to stand high in the estimation of his countrymen. He could tell of him “a tale of the olden times,” which would draw the tears from his hearers. He had been led into this strain by the suggestion of a triend sitting by him, who had whispered that there would be four Western Judges. Here the honorable member j stated his understanding as to some part of the i language which had fallen from the Chairman | of the Judiciary Committee, and which had led , him to believe that a change had taken place in j some of his sentiments in regard to the system. ; Mri Webster explained, that he had only said his mind had under gone some change om' e s bject of the principle relative to isirict Courts exercising Circuit Court jurisdict on. Mr. Mercer resumed.—He was happy to hear what had fallen from the gentleman from Massachusetts.—Every thing which fellJrom that quarter he considered as entitled to the ae_ liberate attention of the House; andby himsc it was alwavs received with respect. He hat understood, from the course of argument of the gentleman from Massachusetts, that his ob ject in increasing the number of the judges ot the Supreme Court, was, to make it more de pendent on public opinion, by enabling the judges to hold more intercourse with the peo ple, and thfis to become acquainted with the po pular feeling, and to make it sympathise with the people. He would be glad to .know if a numerous Bench could more easily command i popularity than one ol a limited number He took a view of the constitution of the differ ent State Courts, to show that there was not more than a single precedent for a greater number of judges than five. Maryland, he under stood, had six; but there was nothing in all the usage of the United States to authorize the for mation of a Bench of eight judges. '1 he ob ject of this increase, then, is, a political object. —It is to fit it for the discussion and decision of political questions, and not to satisfy the cl is-. contented population of the western States Here the honorable member made reference to a charge which had been made against some of the judges of the Supreme Court, some time since, in relation to the concealment of judicial opinion, and an erroneous decision, and staled some circumstances within his knowledge. But as we were unable to catch the language of the honorable member, we shall content our selves with a mere reference to live subject, without running the risk of giving an incorrect statement. He went on to state that an increase of the present number of judges would not have the effect of expediting justice Whoever heard that ten judges could despatch business with more expedition than five? The gentle man from Massachusetts had not asserted this as a reason for this bill, but had put its expedi ency on the ground of exposition of law and the Constitution. The effect, instead of creating a more expeditious mode 01 doing uusiness, would-be diiectly the contrary. We should have one judge from Kentucky, one from len nessee, and one from Ohio, and thus a faction would he introduced on the Bench, and perpe tual ditcord and division would be the conse quence. The best provision for giving more expedition to the business before the Court was that which the gentleman from Massachusetts had himself brought before the House, when he reported the bill to provide for an earlier com mencement of the session of the Supreme Court. Some reduction had already taken place in that business—A short time since there was one hundred and seventy six causes on the docket; now, he understood, there were about one hun dred and lorty-six. The real object of the pre sent bill was political—it was intended for po litical purp-.ses, and none other can be alledged in its support. What is the Court of Appeals? It is a court for the second trial-of cases which have been once decided. It is for a re hearing and re-ex amination by an impartial tribunal, of cases which have been determined. What is the course proposed? You state that you send the Judges into different circuits, in order that they may obtain information of a local character — But, in appeal cases, this argument will avail little. A ease which has been decided in a Cir cuit Court is brought up for appeal; but it is not decided by the Judge who had been allot ted to'that particular circuit; for it is an appeal from his decision As the Judges who have to decide on the appeal have not travelled that cir cuit, the opportunity of obtaining local infor mation has not been given them, and thus this argument falls to the ground Now, where there is a District Court exercising the powers of a Circuit Court, there is no Supreme Judge to obtain knowledge, nor is there any appeal. On the other hand, where a Supreme Judge and a District Judge ar e associated on the bench ot the Circuit Court, appeals are frequent. There was, however, a capital objection, which would lie against the whole system In one of the repo-ts which had bum published of the remarks of the gentleman from Massa chusetts, and from the identity of language which existed between his own notes and the terms f the Reporter, he was induced to be lieve the expression was correct—it appeared that he had predicted that the time would soon come when it won d he necessary to separate the Supreme from the Circuit Courts. If such a time was approaching whence* the necessity of appointing these additional Judges. Iir WOUIU bity III*!* »aoi aj/jmiaiuj V...J intciuled for temporary purposes, il we have even a prospect of arriving at that perfect sys tem which the gentleman from Massachusetts seems to contemplate, when the Courts will be severed. Why ther* should we have the appa ratus which is now proposed? Why should we not retain, for the short time which is to elapse, the same system which has already been found sufficient for all our purposes for so ma ny years? The gentleman from Massachusetts had even gone so far as to stale the precise time when this separation of the Courts might be expected to take place He had even named 20 years He would be glad to know why an earlier period could not have been fixed? Why not ten years? Some of our present judges are at present old; and if the time was so far pro crastinated, he feared the new circuit system would drive some of our venerable old judges from the bench before that time. He begged to repeat his sincere wish to give every accommodation to the Western States. He felt a deep interest in their welfare. No man who had crossed the Alleghany mountains as frequently as he had done, in the course of a not very long life, could ever return without being strongly attached by the kind and hospi table manner in which he had been treated. No man, more than himself, would unite with him to obtain all which could gratify their wishes or add to their interests—he would go heart in hand in wishes for their mercantile prosperity and long life, he was willing to u nite in cutting roads and canals—in making a canal across Florida; there was no measure which could be suggested, by which their wealth and reputation and happiness could be increased, in which he would not unite wit them; but he could not consent to touch the present Supreme Court system The moment when two parties shall be found on the benrh of that Court, the long and steady confidence. which the people have had in its integrity and respectability, will be shaken. He was sure, if the gentleman from Massachusetts could take up this view of the question, he would present it to the Committee; with a power of thought and expression, a vigour of intellect and sound ness of judgment; to which he who now ad dressed the Committee felt his feeble powers utterly incompetent. If that gentleman could be convinced that this change tended to evil, he would picture that evil to the House with more effect than any other member on this floor. No danger can be apprehended from the pre sent constitution of the system. There might be discontents relative to particular decisions, but they would lead to no evil results. The State of Virginia was discontented with the decision in the case of Cohen ; and Ohio, with that in the case of M’Culloch ; but if their dis contents could pass the limits of their own ter ritory, and reach two States, there the progress of the infection would be terminated. The respectability of the Supreme Court can, in no way, depend on its numbers. He would refer gentlemen to the courts of law in Eng land. The King’s Bench had only five Judges, while the highest Court, the Chancery Court of that kingdom, had only a single Judge, the Lord Chancellor. In New-York, the number of the Judges had been reduced to three: and this revolution was produced by the votes of the people, a majority of 26,000 voices calling for the reduction. Even if the number of the Court could be increased to ten, and even to twenty Judges, he did not see how this could increase personal intercourse between the Judg es and the people; or how any other test could be discovered, by which the people would be able to decide on the character and qualifica tions of the Judges; and that is the opinion of the learned members of the profession who form the link—and tire only link, of profession al intercourse between the Judges and the peo ple. The gentleman from Massachusetts would have a “Judge always a Judge, altogether a fndn-e. and nothin" but a Judire.” But the tendency of this bill is to make them time servers, and to induce them to be all things to all men. Has not the Supreme Court, in its present form, been regarded with veneration ? Is it not now adorned by talent and virtue ? Has not the gentleman from Massachusetts himself given this testimony ? The experience of 56 years has produced nothing to shake this opi nion So far Irom personal popularity having any influence on judicial decision, or producing it, he could point to an instance which would stand as a striking and conspicuous exception to the proposition. The Judge who now pre sided over the Supreme Court with such sin gular ability, though venerated and beloved in the state of Virginia, happens to have differed from his own state, in all the decisions which lie has made on the .subject of constitutional law. If we were to frame the Couri according to the law introduced by the gentleman from Massachusetts, we should open the door to the admission of great evils. The Judge could derive no benefit from an extended intercourse with the people; it could not advantage them in the way of instruction ; and it ought not to bias their judicial opinions. Let us go on as we are Regarding the Supreme Court as our sheet anchor, we should be cautious not to part from it, and thus leave the vessel of state ex posed to the rocks and shipwreck. He was not indisposed to accord to the West any reform which would produce to them the benefits they expect and wish. He was not un willing to concede to them all they ask, if they would leave the Supreme Court in its present sound and tried condition. If his motion to strike out the first section should prevail, he would be willing to recommit the bill, and to recommend a reduction of ihc Judges, when the first vacancy should occur, to six ; and sub sequently, to five; to divide the country into nine districts, and for each court of more than one district, to allot a Supreme Judge to sit with the District Judge as often as might be necessary. He would be willing that the Dis trict Judge should exercise maritime and ad miralty jurisdiction, and from the Admiralty Court, that the first appeal should be to the Circuit Court to that particular circuit. You will multiply evils, if you induce a want of confidence in the Judges—in those who com pose the Court. How liable, in cases of sick ness or accident, will you.make the decisions of the Court to revisals ! You will dam up jus tice in the Court ef Appeals, by increasing the difficulty of remedy. On reviewing the remarks which he had felt it his duty to make, he never was more sensible of his own feebleness. He found it utterly im possible to speak where the echoes confounded ids voice. He had endeavored to suggest some few ideas,more in the hope of arresting the pro gress of the bill, and inducing other gentlemen, of more power of mind and expression, to :ome forward, than of enlightening or guiding [he decisions of the Committee. VIRGINIA LEGISLATURE. REPORT OF THE COMMITTEE OF FINANCE. [Submitted to the House of Delegates.] The Committee of Finance having taken into consideration the revenue and expenditure* of the government, have prepared, and respect fully submit, the following estimates of the pro bable receipts of me current fiscal year, and of the expenses of the government, under existing laws, chargeable upon those receipts. HF.CEITS. The probable receipt* at the Treasury, with in t^ie current fiscal year ending the 30th Sep tember, 1826, may be estimated as follows, viz: : Tax on lands $146,778 14 On lots 25,083 45 On slaves 114,315 75 On horses and mules 31,116 12 On studs and jacks 6,825 01 On coaches 5,853 58 On gigs 5,390 26 i On carry alls 1,015 20 On stages 97 30 --- 12,356 34 On merchants, brokers and jewellers 47,646 64 On pedlars 2,092 84 ' On ordinary keepers 18,254 81 On keepers of houses of private enter tainment 1,784 58 On exhibitors of shows 939 51 • 407,183 19 Deduct for probable insolvencies,Sic. say 2 per cent 8,143 66 ■ ' i 399,039 53 11 Deduct, also, for sheriff's’ commissions, at 5 per cent. 19,951 97 Ditto, for prompt payments <t -i per cent. 8,323 42 - 28,280 39 370,750 14 AM estimated nett revenue from the counties of Brooke and Lee, not in cluded above, by reason of the commis sioners' books not being returned 2,078 37 Tax on law process, seals of court and notaries public 38,000 00 Surplus of duty on tobacco shipped, held to cover losses for which tJie State is liable 6,000 00 Militia fines and arrearages 15,0 iO 00 Redemption of lands forfeited 2,500 00 Sale of unappropriated lands 1,500 00 Register’s fees 3,0.W 00 Arrearages of taxes 5,000 00 Miscellaneous receipts, viz: Sundry bonds and judgments 20,127 00 Preston’s securities 10,190 00 Rents of water « 800 00 - 31,117 00 Making the total amount of the pro bable receipts, within the current fiscal year, 474,951 00 To which add the balance in the Trea sury, on the 1st of October, 1325, exclu sive of the fund created for the Wash ington Monument, amo'intingto $13,003 10, and also of the sum of i>l>8,7u7 51, part of the revenue of t he current Usual year, which was paid into the 'Treasury prior to the 1st of Oct. 1825 3,947 42 And the total amount of available funds, of the current fiscal year, w ill be $478,901 09 EXPENDITURES. The expenses of the government, under existing laws within the current fiscal year, may be estimated as fol lows, viz:— General Assembly 100,000 00 Officers of government 76,0UU 00 Commissioners of the revenue, and clerks of courts fur examining commis sioners’ books 28,000 00 Criminal charges, including guards for county jails 40,000 00 i oimngeni expenses ui cuuns, mem ding allowances to attomies, clerks, she riffs, &c. for public services 25,000 00 Pensioners 5,u00 00 Civil Contingent Fund 15,000 00 Military Contingent Fund 1,000 oQ Expenses of Mditia 25,00o 00 Pay of Adjutant General and Brigade Inspectors 4,500 00 Penitentiary, internal charges 4,000 00 Officers* salaries 6,150 00 transportation of Convicts 5,850 00 - 16,000 00 Public Guard in the City of Richmond 16,000 00 Representation to Congress and State Senate 500 00 Slaves executed and transposed 10,000 00 Public Warehouses 5u0 GO Civil Prosecutions 500 00 Lunatic Hospital at Williamsburg 10,000 00 Public Arsenal at Lexington 4,G00 00 Collection and transportation of Arms 1,000 00 Manufactory of Arms 6,000 00 Interest on $319,000 seven percent, certificate debt 22,330 00 Balances of appropriations unexpended 1st of Octo ber, last, viz: For redemption of old 6 percent, debt $20,500 00 Western Lunatic Hospital 5,0t<0 00 Map of the State 4,333 50 J Improv. the public Square 800 00 Cleaning, packing, and re moving public arms to Lex ington 5,000 00 netting's Justice, expend ed since 1st Oct last 8,250 00 - 43,883 50 Transportation and maintenance in County jails, of Lunatics 1,500 00 Total amount of probable expenses of the government within the current fiscal year 451,713 50 Shew ing a probable excess of receipts and cash in the Treasury, over the ex penditures of the current fiscal year, un der existing laws, of 27,188 43 $478,901 93 A por'ion of the revenue of each fiscal year is annually, paid before the commencement of the year, and constitute a part of the balances in the Treasury at the end of the preceding year. This being a circumstance of ordinary occurrence, it has heretofore been thought not material to vary the estimates on that account. Perceiving, however, that the amount thus paid into the Treasury prior to the 1st of October last, varies considerably from the amount thus paid in the preceding year, your committee have, with a view to the greatest possible ac curacy in the estimates now submitted, exclud ed from the balance in the Treasury at the ter mination of the last fiscal year, the sum of §38,707 51, part of the estimated revenue of the current fiscal year, which had been previ ously paid into the Treasury and constituted a part of that balance. Various unexpended ap propriations of khe last year, amounting to the sum of 8*3,883 50, are included in the above estimate of the expenditures of the current year. Among these is a balance of 820,500, of an appropiiation to the Sinking Fund, for the redemption of so much of the old 6 per cent, certificate debt of the Stale as was not held by the President and Directors of the Li terary Fund. This balance is believed to be fully sufficient for the accomplishment of that object; and when it shall have been done, there will be no outstanding debt of the State, ex cept what is held for the use of the Literary Fund, consisting of a portion of the old six per cent, debt, and 8319,000 of seven percent, cer tificate debt, the redemption of which, at this ;ime, does not appear to your committee as de sirable. In submitting the foregoing estimates of the •evenue and expenditures of the State, it is leasing to your committee to be able to state, hat, from an attentive consideration of the date of the public finances, there does not ap jear to them any necessity for an increase of he present tatrs of taxation. Should any new .ubjects of taxation be discovered, which ought, n justice, to contribute towards the expenses jf government, a proportional reduction from [he existing taxes might be made; and, in that :vent, your committee are not aware of any subject on which the reduction could be more equitably made than the lax on law process. Newark Cider. BBI.S. racked Cider, of a very superior quality, CW/ landing this day per sloop Chauncey, from New-* fork—and per Farmers Ingenuity, from Philadelphia, >00 gallons winter pressed oil of warranted quality, for «leby tjan3] B. I. T. WILSON.