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estimate of the sum necessary to carry it into effect, as made by the officer at Fort Monroe, had been $31,000. Put in that sum was included the purchase of land and expenses of the cavalry drill; for the sake of economy, the committee had dispensed with both these, and they now asked less than ten thousand dollars. This was to be applied to the purchase of fifty artillery horses, the equipment of six pieces, and six caissons, forming to. gether what was called a division of artillery. He earnestly and forcibly urged the usefulness of a system of instruction in the management of Light Artillery, an arm of war which was found among the most efficient em. ployed in modern times. He referred to the exploits of Towson, and Archer, to the Battles of Bridgewater and Chippewa, to the French campaigns, and particularly to the battles of Austerlitz, Jena, and Maréngo, as furnishing proof of its great effect, and concluded by quoting a communication from the War Department, in which it is especially recommended. The question being taken on this amendment, it was decided in the negative by a large majority. Mr. SAUNDERS, of N. C. then moved to amend the bill by appropriating for a fort at Beaufort in North Carolina $30,000. Mr. COCKE remarked that he understood this to be a new fortification not proposed before. He thought it was better to finish those already begun than to com. mence new works. He did not know the necessity of the fort proposed, as there was no report on the subject from the War Department. Neither the Committee of Ways and Means, nor the Committee of Military Afairs, had recommended the measure. It had no other sanction than that of a member in his place. He knew that the waters on that coast were very shallow. He did not know that there were any interests there which peculiarly required protection, and, if there were, he did not know that this fort was calculated to protect them. Mr. SAUNDERS replied to the objections of the gentleman from Tennessee. He stated the importance of the port of Beaufort: not merely for its geographical situation, but as having been pointed out by the war IJepartment, as a point which required defence. So important was it considered by that Department, that a Board of Engineers was directed to examine it, and make an estimate of the expense of fortifying it. If Congress then intended to go on with a general system of fortification, there could be no objection to the present measure. It was a part of the country which had

received but little from the General Government. As to Wilmington, (for which place, also, he intended, if his | present motion succeeded, to move an appropriation,) he knew that it was considered by the Government im. portant to protect the trade there, as was proved by the fact, that a fort had formerly been erected at that place, but which was now in ruins. The reason why the measure had not been reported by the Commitee of Ways and Means, was, that the report from the corps of Engineers had not been received in time to be submitted to them; he had, therefore, offered it in his place. But he begged gentlemen to recollect that the fort was not to be erected in his district. He had advocated it simply on the ground of its utility. | The question was then taken on the amendment of Mr. SAUNDERS, and decided in the negative. Mr. COCKE then observed, that the bill contained an appropriation for continuing the work at the Pea patch, on the Delaware river. He was aware that there was a report from the Engineer on the subject, and that the House was told that the fort was in progress; so they were told many years since. And, after vast sums had been expended, it was discovered, on examination, that the officer who superintended the work had disobeyed his orders, departed from all the plans furnished him, and, in a word, had spoiled the fort. A court martial

was held on his conduct, and it was pronounced an error in Judgment. He wished to know whether the present sum would complete the work, and at what time, and what was its present situation. Mr. McLANE replied to Mr. COCKE, and referred to voluminous documents, which furnished all the details requested by the gentleman from Tennessee. There was every certainty that the sum now asked for would com. plete the work. He accounted for the errors which had happened in the estimates of the cost of public works by the infancy of our system of engineering, and asked the gentleman whether it was not common, even in build. ing a house, that was to cost a certain sum, to find, before it was finished, it cost much more than was at first contemplated 2 And whether it could be expected, that, in an expenditure of $600,000, minute accuracy in the estimates could always be attained The original plan of the work, he said, had been va. ried. The officer who superintended its direction was inexperienced, and defects had taken place which must now be remedied... We have a report of the Engineer Department, and also an extensive estimate, with details down to ten and twelve dollars, all which was very much at the service of the gentleman from Tennessee. After all, it would be found that the total expense of the work very little exceeded the first estimate. Mr. GoCKE moved to reduce the appropriation for the Indian Department from 95,000 to 75,000 dollars. Mr. McLANE replied, that the annual appropriation had not been less heretofore than $95,000. That sum had been always required by the Department, and always granted by the House. At the session before last, the gentleman from Tennessee had inquired of the De. partment for detailed statements. A minute and extensive report had been made. The subject had been maturely deliberated. The House was satisfied, and had granted the $95,000. Last session, at the request of the same gentleman, it had been investigated again; the House again granted 95,000 dollars. At the present session, the Committee of Ways and Means had thought it unnecessary to refer to the Department for another statement. The ordinary documents of estimates, &c. were printed, and the gentleman might have access to them. It was easy for the gentleman to rise in his place and ask for the grounds of any estimate submitted, and to say he did not know the reason for this or for that expenditure. Nothing was easier, but he would submit it to the House whether agentleman was entitled to do so, without first showing that he himself had some knowledge of the subject, and assigning some reasons why the estimate was improper. The gentleman had said, the sum is large, and he does not know why it is required. But its necessity has been again and again explained to him. Mr. COCKE observed, in reply, that he should not have made any remark on this subject, had he not retained some recollection of the report made last year. He remembered that, at that time, there existed what was called a Factory Department, and he had a distinct recollection that, among the expenses charged, was a considerable item for lines, lemons, London Particular, and Tenerife. He presumed that these articles had since been dispensed with. He remembered also a charge of $1,000 for a blacksmith, the committee of Ways and Means at that time assured the house that measures should be taken to lessen the contingent exPenses of the Department, and that assurance ied him to move the reduction he now proposed. It must be recollected that the present bill does not include the expense of the Indian Agent and all his clerks, it was very easy for the Chairman of the committee of Ways and Means, when proposing an appropriation to this House to say the Department asks for it, and that here is the letter from the Head of the Department, as a

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warrant. But answers of this sort gave little satisfaction to his mind. He should never forget the London Particular. The amendment was rejected. After these bills were reported to the House— Mr. HAMILTON renewed his motion for making an appropriation for a school of practice for the Light Artillery, and earnestly pressed it upon the attention of the House. Mr. ARCHER observed, in support of the amendment, that, when it had been offered in committee, by his friend from South Carolina, it had been voted down without any objection stated. He was confident this could have happened only from the House not considering with proper attention the object presented. When compared with the object for which it was intended, the appropriation was moderate indeed. If we have any military establishment at all, we ought to give it efficiency. And if it was undeniably true, that, with respect to the establishment generally, that this could only be done by providing proper instruction, it was true a fortiori in respect to artillery. What was that branch of our army if left without instruction, and what use was there of having artillery at all, and of appropriating for its support, if the men who composed it were wholly unqualified for their duty, from the want of means of instruction ? He had said that the sum was moderate. He asked whether any sum could be considered too large with reference to the object. What is the sum asked * Only nine thousand dollars. How is it to be disbursed ?. In any new salaries, or any increase of pay? No; $7,000 of it was to be laid out in horses, which, in themselves, would be worth the money, besides furnishing opportunity for instruction, both in artillery discipline and in cavalry drill. The United States would get the value of its money, besides getting that which was invaluable. Could any one doubt the utility of the object? It was recommended by the President of the United States; it was recommended by the War Department ; it was recommended by the committee, which is the appropriate organ of this House in relation to Military Affairs. It comes recommended by all who ought to know whether it is proper or not; and, with all this force before them, would the House refuse 2 Refuse to grant $9,000 when 7,000 of it was to be invested in property! He trusted not. The question was then taken on the amendment proposed by Mr. HAMILTON, and decided in the negative—76 to 61. And the bills were then ordered to a third reading.

IN SENATE-WEdNesnar, FebacAny 9, 1825.

At twelve o'clock, the Senate proceeded to the Hall of the House of Representatives, agreeably to joint resolution, for the purpose of opening and counting the Electoral votes for President and Vice President of the United States.

At half past two o'clock the Senate returned to its Chamber, and then adjourned.

HOUSE OF REPRESENTATIVES-same nar.

The bill making appropriations for the military service of the United States, for the year 1825, was read a third time.

Mr. Forsyth, of Georgia, said that it was with great reluctance he rose at this late period in the progress of the bill, to object to one item it contained. He regretted that his duty on another committee had caused his being absent when this bill had its second reading yesterday. He had pointed out the objectionable clause to the chairman of the Committee of Ways and Means, and understood him to say, that some explanation should

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be made to the House of the grounds on which the item of appropriation to which he alluded had been introduced into that bill; but he had since discovered that he had misunderstood the honorable chairman, who had only engaged that those explanations should be given, if they were required by the House. Mr. F"s absence yesterday had prevented him from asking the explanation. He referred to that clause of the bill which appropriates 20,000 dollars for arrearages under the treaty with the Creek Indians, of 1804, ratified in 1824, and, also, 1000 dollars for the annuity under said treaty, for the current year— [Mr. Folksrth was about to enter upon a full statement of the facts in relation to this subject, with the reasons which compelled him to resist the appropriation, when the Speaker suggested that, on account of the near approach of the hour at which the House would be obliged to go into another business of great importance, the honorable member from Georgia had better move to lay the bill on the table, if he wished it farther amended. Mr. Fonsyth accepted the suggestion of the Speaker, and made the motion that the bill lie for the present on the table.] The bill was ordered to lie on the table accordingly. On motion of Mr. TAYLOR, it was Ordered, That, when the members of the Senate appear, this day, in the Chamber of the House of Representatives, the President of the Senate shall be introduced by the Speaker to a seat in the Speaker's chair, and the Senators shall be invited to occupy the seats assigned them in front of the chair.

THE INVESTIGATING COMMITTEE.

Mr. P. P. BARB00R, from the Select Committee on that subject, made the following report:

The select committee, to which was referred the communication of the Speaker, of the 3d inst. report:

That, upon their first meeting, with a view to execute the duty imposed upon them by the House, they directed their chairman to address a letter to the Hon. George Knoxen, informing him that they would be ready, at a particular time, therein stated, to receive any evidence or explanation he might have to offer, touching the charges referred to in the communication of the Speaker, of the 3d inst. ; their chairman, in conformity with this instruction, did address such a letter to Mr. Kit EMEm, who replied that he would make a communication to the committee; accordingly, he did send to them, through their chairman, a communication, which accompanies this report, marked A, in which he declines to appear before them, for either of the purposes mentioned in their letter, alleging that he could not do so, without appearing either as an accuser or a witness, both of which he protests against. In this posture of the case, the committee can take no further steps. They are aware that it is competent to the House to invest them with power to send for persons and papers, and by that means, to enable them to make any investigation which might be thought necessary; and if they knew any reason for such investigation, they would have asked to be clothed with the proper Power; but not having, themselves, any such knowledge, they have felt it to be their duty only to lay before the House the communication which they have received.

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self, but important, as connected with the fundamental principles of our Government, I have reflected, with much deliberation, on the course which duty to myself, and my constituents required me to adopt. The result of this reflection is, that I cannot, consistently with a proper regard to those duties, assent to place myself before your committee, in either of the attitudes indicated in your note. The object of the committee does not distinctly appear from your note, but I may infer from its contents, connected with the extraordinary and unprecedented proceedings in this case, that it is to hold me responsible, through a committee of the House of Representatives, for a letter, dated the 25th of January last, addressed to the Editor of the ‘olumbian Observer, and published in his paper of the 28th, which was intended to communicate, through that channel, information which I deemed interesting to my constituents, and very important to be known to the whole American people at this peculiar crisis. Thus viewing the subject, I cannot perceive any principle of power in the Constitution, which can give the House of Representatives, and, consequently, a committee created by it, jurisdiction over me as the writer of that letter; it neither involves a question of contempt of the House, nor an impeachment of an officer of the Government under the Constitution; and I can discover no authority by which the 1House can assume jurisdiction in such a case. If the authority of the House extended to acts of this kind, no limitation could be prescribed to its power, and it may reach the publisher as well as the writer, and extend to every member of the Government, as well as the Speaker of the House of Representatives. But it is not only the unconstitutionality of the power which forbids me from appearing before you; placed as I am, I cannot but perceive the dangerous consequences, as well as its unconstitutional character. Should I yield to such authority, I would be made amenable to a tribunal, which, thus constituted, has no prescribed limitation to its rules of proceeding, and which is alike unlimited in the nature and extent of the punishment it may inflict—nor can I be ignorant of the fact, that this body, thus unlimited in its rules, and in the extent of its powers, is at all times, but more especially at a crisis like the present, subject, by its very constitution and the nature of its functions, to be acted upon by some of the most powerful passions that actuate the human breast, which unfit it to perform in that cool and deliberate manner, the duties which properly belong to a court and jury. If it should be considered as proper that members be held responsible here for the communication of their opinions out of the House, on public men and public affairs, it would be much more safe that they should be placed at once under the operation of the sedition law; and, so far as the members of this House are concerned, the repeal of that famous law might be considered as a calamity, rather than a blessing. Thus regarding the constitutional power of the IIouse, and the nature of that which is proposed to be exercised in my case, I have determined, under a deep sense of duty to myself and my constituents, not to submit to a procedure fraught with such dangerous consequences. I therefore protest most solemnly against the assumption of any jurisdiction, either by the committee or the House of Representatives, that shall jeopardize my right to communicate freely to my constituents whatever I may believe necessary for the public good. It is not my intention, in the slightest degree, to impeach the charac. ter either of the committee or the House, for which I have the greatest respect, and the authority of which, within its constitutional sphere, Iregard it my pride and my duty to sustain. In refusing to submit to the authority of the House, as the writer of the letter before alluded to, it may be proper to remark, in explanation of

the admission which I may seem to have made of its jurisdiction. Whatever assent I may have given, was done hastily, relying on the conscious rectitude of my conduct, and regarding my own case without having reflect. ed duly on the dangerous principles involved in the pro ceeding, and cannot therefore be considered as a waiver of my right. The committee will observe, that the honorable Speaker, in his card, had chosen to make this matter a personal question with the then unknown writer of the letter. After due reflection, I determined at all hazards not to conceal the fact of being the author of the letter, and did not expect, by this disclosure, to enable the honorable Speaker to place me under the jurisdiction of the House. Hisappeal was sudden and unexpected, and, if any admission was made, without due regard to all the circumstances and principles of the case, it could be no matter of surprise. In declining the jurisdiction of the committee and the House, I feel the authority of another tribunal, before which I shall cheer. fully appear, and bring forward, forthwith, those facts and circumstances, which, in my opinion, fully authorizes the statements contained in my letter. These I shall spread before my constituents, to whom I am amenable for all my conduct while I am honored with a seat in this House, and I shall never hesitate, when the correctness of my conduct is brought in question, to attempt my vindication before them; and, while sustained by them, and the conviction of my own conscience, I shall never be deterred from the performance of my duty here or elsewhere. In presenting my protest, I have gone on the supposition that it was the intention of the House, in raising a committee, to hold me responsible to its ju; risdiction, as the writer of the letter which has caused 'the present proceeding. There is, however, another view of the subject, which deserves notice. It may be inferred, from the note of the committee, that it is not so much its intention, in requesting my attendance, to take jurisdiction over me, as to avail themselves of my testimony, which the Speaker has requested to have in: vestigated by the House. In this view, my objection to attending is no less decisive than the one already considered. It would-always afford me pleasure, when imperious duty did not forbid, to give all the information in my power to an investigation, which may be deemed by the House important to the character of any of its members; but, circumstanced as I am, it is manifest, if I should appear before the committee, I must be consi. dered not so much in the light of a mere witness as that of an accuser, presenting charges against the Speaker to the House, and those charges not the specific statements contained in my letter, but the more general and indefinite ones into which the Speaker has sought an inquiry. It is manifest that the difference will be great between the attitude in which I should thus be placed and the one in which i now stand, and which duty to myself and my constituents forbid me to abandon. In coming to this determination, I am not governed by any disposition to retract or modify any thing contained in my letter, which was written under a conviction of its being true and important to be known. But there are many things which we are bound to communicate to those wo represent, which prudence and duty would both forbid being presented to the House, in the form of accusations: This will be manifest when we reflect that even this House may not at all times be free from the vice of P*. sion or the taint of corruption. the history of human frailty, will require no proof of this assertion. If this view be just, which, I think, conot be questioned, it must be manifest that a member of this House may be placed under such circumstano as to make it his highest duty to speak freely and fully, even of the House itself, to those he represents, when it would be madness and folly to present charges fo

those who have read fe. 9, 1825.] Election of

their investigation. If such be the obligations of duty in extraordinary cases, the mere dictates of prudence will, in many instances, compel him to abstain from presenting to the House, for investigation, facts' which might implicate the conduct or motives of any of its members, when they ought to be freely communicated to his constituents. In the present case, although I feel myself justified, as the writer of the letter, I feel myself bound, both by prudence and duty, not to appear in the character of an accuser of the Speaker upon charges not my own, but those which he has requested to be investigated. I need not advert to circumstances which reader it peculiarly improper at the present time. The deep excitement which the important crisis has produced, the unequal contest between an humble member on the floor, and the Speaker of the House, are themselves circumstances, which cannot be overlooked in coming to the conclusion that the issue should be left before the American people, or the ordinary tribunals of the country, and I therefore protest against the proceedings in this view, as well as against the power of the House to exercise jurisdiction over me, as being equally calculated to restrain the exercise of my just rights, in an unconstitutional manner. I have the honor to be, with great respect, Your obedient servant, GEO. KREMER. Washington, Feb. 8th, 1825.

The report and letter were read, and, on motion of Mr. BARBOUR, were ordered to lie on the table, with the accompanying papers, and to be printed.

On motion of Mr. TAYLOR, it was

Ordered, That a message be sent to the Senate, that this House is now ready to receive them in pursuance of the resolution of the two Houses, of yesterday, to the end that the President of the Senate, in the presence of the Senate and House of Representatives, may open the certificates of the votes of the electors of the several states in the choice of a President and Vice President of the United States, and that the same may be counted; and that the Clerk do go with said message.

ELECTION OF PRESIDENT. At twelve o'clock, precisely, the Members of the SEsare entered the Hall, preceded by their Sergeant-atArms, and having the Presinest of the Senate at their head, who was invited to a seat on the right hand of the Speaken of the House. Seats were then assigned the Senators, who took their seats together, in front of the Speaker's chair, and toward the right hand of the entrance. The President of the Senate, (Mr. Garland,) then rose, and stated that the certificates, forwarded by the Electors from each State, would be delivered to the Tellers. Mr. 1'AZEWELL, of the Senate, and Messrs. JOHN W.TAYLOR and PHILIP P. BARBOUR, on the part of the House, took their places, as Tellers, at the Clerk's table. The President of the Senate then opened two packets, one received by messenger, and the other by mail, containing the certificates of the votes of the State of New Hampshire. One of these was then read by Mr. TAZEWELL, while the othor was compared with it by Messrs. TAYLOR and BARBOUR. The whole having been read, and the votes of New Hampshire declared, they we set down by the Clerks of the Senate and of the House of Representatives, seated at different tables. Thus the certificates from all the States were gone through with. The Tellers then left the Clerk's table, and presenting themselves in front of the Speaker, Mr. TAZEWELL delivered their report of the votes given; which was then handed to the President of the Senate, who again read it to the two Houses, as follows:

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The President of the Senate then rose, and declared that no person had received a majority of the votes given for President of the United States; that ANDREw Jackson, John Quincy Adams, and William H. Chawroup, were the three persons who had received the highest number of votes, and that the remaining duties in the choice of a President now devolved on the House of Representatives. He further declared, that John G. CALHOUN, of South Carolina, having received 182 votes, was duly elected VICE PRESIDENT or the UNITEB STATEs, to serve for four years from the 4th day of March next.

The members of the Senate then retired.

The SPEAKER directed the roll of the House to be called by states, and the members of the respective delegations to take their seats in the order in which the States should be called, beginning at the right hand of the Speaker.

The roll was called accordingly, when it appeared that every member of the House was present, with the exception of Mr. GARNETT, of Va., who was known to be indisposed at his lodgings, in this city.

The delegations took their places accordingly, ballot boxes were distributed to each delegation, by the Sergeant-at-Arms, and the Speaker directed that the ballotting should proceed.

The ballots having all been deposited in the boxes, the following Tellers were named by the respective delegations, being one from each State in the Union:

Mr. Cushman, Mr. Hooks,
Livermore, Campbell,
Webster, Forsyth,
Eddy, Trimble,
Tomlinson, Allen, of Tenn.
Bock, Sloane,
Taylor, Livingston,
Condict, Rankin,
luguan, Jennings,

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Mr. McLane, Mr. Cook, Kent, Owen, Randolph, Scott.

Mr. WEBSTER, of Massachusetts, was appointed by those Tellers who sat at one table, and Mr. RAN DOLPH, of Virginia, by those at the other, to announce the result of the ballotting. After the ballots were counted out, Mr. WEBSTER rose, and said— “...Mr. Speaker. The Tellers of the votes at this table have proceeded to count the ballots contained in the box set before them. The result they find to be, that there are– o For John Quincy AnAMs, of Massachusetts, 13 votes, For ANDREw Jackson, of Tennessee, 7 votes, For Willi AM. H. CRAwfond, of Georgia, 4 votes.”

Mr. RANDOLPH, from the other table, made a state

ment corresponding with that of Mr. WEBSTER, in the facts, but varying in the phraseology, so as to say that

ed the votes of so many states, instead of so many votes. The SPEAKER then stated this result to the House, and announced that JOHN QUINCY ADAMS, having a

majority of the votes of these United States, was duly

elected President of the same, for four years, commencing with the 4th day of March next.

On motion of Mr. TAYLOR, of New York, a committee was ordered to be appointed, to notify the President of the United States, and the President elect, of the result of the ballot.

And then the House adjourned.

[when the fact of Mr. Adams having 13 votes was announced by the Tellers, some clapping and exultation took place in the galleries, and some slight hissing fol: lowed. The House suspended its proceedings until the galleries were cleared.]

IN SENATE–Thunspar, Fehmu Any 10,

The Senate proceeded, as in committee of the whole, to the consideration of the bill “to amend the Judicial system of the United States, and to provide for three additional Circuit Courts.” Mr. R. M. JOHNSON, of Kentucky, began by saying he should be as brief as it should be in his power, in the remarks he had to offer, on the explanation of the bill, and in support of the measure which it proposed. The object of the bill, said Mr. J. embraces the creation of three additional Circuits and the appointment cf three additional Circuit Judges, to be members of the Supreme Court of the United States. Should the bill pass into a law, it will, of course, increase the number of the Judges of that court, from seven to ten. The present Judicial arrangement leaves six Western states without a representative in the Supreme Court, and without an atom of advantage from the circuit system. As to the seventh circuit, embracing Ohio, Kentucky, and Tennessee, this may be viewed as in a similar condition, since the duties of the Circuit Judge, requiring him to erform the annual round of more than 3,000 miles, eaves to him very little leisure for the investigation and reflection which are essential to correctness and despatch in Judicial proceedings. The nine Western states have a deep interest in the present question. They may be considered as equally, I might say unrighteously, deprived of those immunities which every other section of our confederacy has the felicity to share. Sir, said Mr. J. the present proposition rests not alone on considerations of expediency, but upon the principles of equal rights and impartial justice. The circumstances of the nine Western states demand the unhesitating interposition of Congress. What room can be left for equivocation and doubt, when nothing is solicited but what is enjoyed by other portions of the community ? It will be recollected, that under the present unequal system, in all causes decided in the Dist.ict Courts, the

opinion of a o: Judge is final, where the sum involv. ed, inclusive of costs, amounts to no more than two thousand dollars. A decision of this nature is conclu. sive in most cases in which the great mass of the com. munity are interested. Whatever may be the virtue or talents of an individual Judge, we possess no sufficient guarantee for the satisfactory administration of Justice, without which a free, a gallant, and enlightened public can never be content. No person, sir, is less disposed than I am to detract from the merits of our Judiciary; but other plans are contemplated. A radical change in our judicial system, proposed by some members of the Senate, is urged as a good reason for delay. This radical change, I believe, sir, has been contem. plated for many years, and yet we discover no rational prospect of success; it is intolerable that nine states in our Union are to be disfranchised, laboring under the inequality and disadvantages of having a system confined

Mr. Adams, Mr. Jackson, and Mr. Crawford, had receiv- only to a portion of our vast and growing population.

The change spoken of is designed to render the Sopreme Court independent of circuit duties, and to locate its officers within a range of ten miles square. Three | years ago, I submitted a proposition, that the Judges of this Court be requested to communicate to us a full report relative to the merits and disadvantages of the present system. This request was denied me. Fears were entertained, lest the views of this distinguished tribunal might influence the course of Congress. I entertained no such apprehensions. I had sufficient con: fidence in my own judgment to believe that I should discharge the duty I owe to my country, and I possessed equal confidence in the talents, integrity, and experi; ence of the venerated judges themselves. I introduced this self-same bill, the last session; and yet, it was im: possible to procure its being acted upon, although the Senate was in session nearly six months. We were told that there was safety in delay. The contemplated change was again pressed upon us as a reason why this system should not be adopted. I had always been of opinion that delay in the operation of justice was not only unnecessary, but dangerous. At a very early pe. riod, during the present session, I presented the subject for the serious consideration of the Senate, and we are

fect the question. It must be put off until the next session. Thus we dance round the circle of the year." session after session succeeds, and the Western States utter the voice of discontent, and call for their reason* ble rights, unheard or unregarded. Sir, I contend to it is time, high time, that something should be done. The measure proposed plainly involves the compos. tive merits of the two plans that are suggested. My wish, and it is the result of the most deliberate conside. ration, is to increase the Judicial circuits so as to embrace the whole of our Union, and to give to the West their due representation in the Supreme Court of the United States; this will augment the number of the suproo judges to ten. The other plan is, to separate circuit duties from those of the Judges of the Supreme Co. and to concentrate the latter in their chamber in " Capitol. Provided the jurisdiction of the Supr.” Court, and that of the inferior courts of the "" were confined to objects purely national, I should realize much icss difficulty, in the pian of having *.s. judges to constitute a Supreme Court, and to restric: them exclusively to the discharge of such high". as become an appellate tribunal, except where ***. stitution itself has invested them with original jo. tion. Perhaps I should concur in it is reso.". remark to such cases as arise out of the Laws of S. as relate to treaties with foreign powers, the “” laws, the concerns of the admiralty, maritimeca". *: all controversies of a similar character. But 39 . the Jurisdiction of the Federal Courts extends . --innumerable cases of a municipal character:” . state-laws, state-constitutions, and, in fact the col

still informed that a little delay will not materially al.

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