H. of R.]

Georgia Militia Claims.

[FEB. 14, 1825.

for his conduct; to refuse the private soldier his pay for included in the cession of 1802. In what does this relathe fault of his commander, is to punish the innocent tion consist? The services were for the defence of the and to suffer the guilty to escape unscathed. Was it de-frontiers, and had no more relation to this territory than nied that the Governor of Georgia had this discretiona- services performed in New Hampshire or Massachusetts, ry power? The opinion of the Accountant was, that he in defence of their frontiers. had. The documents show that it was vested in him, not only to call out the militia of Georgia, but to call upon the Governor of South Carolina for aid from the militia of that state, in case of emergency. The Military Committee, itself, speaks of the discretionary power of the Governor of Georgia. The contractor of the U. States furnished the troops, under the conviction that the Governor had authority from the United States to call out the militia. He gave notice to the Secretary of War that he was furnishing supplies for the militia service. He was not commanded to refrain, and his accounts were paid without dispute.

It is a great error to suppose that the magical words, "in consideration of expenses incurred by the State," and on which so much stress is laid, express the real consideration for which the $1,250,000 was to be paid. The consideration was a territory sufficiently extensive for two European kingdoms. From the sale of the lands, government has received four millions of dollars; more than six million is due, and the remaining lands will yield fifty millions, if sold at the minimum price of pub lic lands. It may be asked, Why were these words introduced into the compact? and what are the expenses to which they refer? The last question has been answered by my colleagues. The first, I shall now answer, and, trust, satisfactorily. When the Commissioners of the United States were called upon by those of Georgia, to stipulate a payment of a large sum, out of the proceeds of the lands ceded, if they did their duty, they demanded of the Georgia Commissioners, on what principle Georgia demanded a payment for lands ceded for the general benefit, when New York, and Massachusetts, and Connecticut, and Virginia, and North Carolina, had ceded territory withont any equivalent? To this appeal to the magnanimity of one of the parties, the answer was simple and conclusive. New York and Massachusetts had conflicting claims, and, to avoid dispute, ceded the disputed territory. Connecticut gave up her juris diction, but retained her right to the soil. Virginia and North Carolina gave up their territory, but saddled it with the payment of a variety of the existing claims, indefinite in extent, and not yet satisfied. Georgia ceding territory, asks only what has been demanded and grant

It is now too late to deny a liability to pay what was demanded in 1793. But a new ground of opposition to these claims was discovered in 1803. A Committee of this House fancied that these claims were adjusted in the contract between the United States and Georgia for the cession of the territory comprising at this day the states of Mississippi and Alabama. The United States stipulate, as part consideration of that cession, to pay $1,250,000 out of the nett proceeds of the land ceded, "in consideration of expenses incurred by the said state in relation to the said territory." These magical words, in the judgment of the committee of 1803, as in that of the Military Committee of this Congress, paid off these militia claims, or at least shifted the responsibility upon the state of Georgia. In support of this opinion, as the words themselves bear no such construction, resort was had to Mr. Levi Lincoln, the Attorney General, who was one of the Commissioners who formed the contract of 1802. This letter of Mr. Lincoln is a mere opinion, founded not upon the instrument, but upon his vague re-ed to Virginia and North Carolina. She asks in money, collections of some conversations with the Georgia and they received lands. Georgia owes to her State Commissioners. As a matter of evidence, it weighs not troops two millions of acres of land. This debt is to be a feather, as it is expressly contradicted by the positive discharged out of the Western lands, about which we are declarations of two gentlemen, in every respect his treating, by the terms on which the troops enlisted. It equals. They speak from perfect knowledge of this is not a Revolutionary claim, but a claim arising prior to subject. These gentlemen state that these claims were the adoption of the Constitution. It is due for defence not included, because the state of Georg a never ac- of the State, and forms a fair and reasonable claim upon knowledged herself liable for them. That the Commis- the Confederation. It has not been allowed, and we sioners had no authority to stipulate about them, and must take care that it shall be paid, especially as we are did not stipulate for their payment or assumption by about to convey away the fund on which it was secured. Georgia. It is not possible for any unprejudiced man to The nature of this claim has been already explained. A read the letter of the Georgia Commissioners, and be- brief recapitulation may not, however, be useless. In lieve that these militia claims were intended to be in- 1787, during an Indian war, it was deemed necessary cluded in the words quoted from the act of cession. It to raise 3,000 men. As an inducement to enlistments, is admitted, however, that, in drawing up articles of 640 acres of land were offerd to each private; and to any compact, between States or individuals, the inten- the officers, a larger quantity--the greatest amount pro tion and the act are not always the same. The parties mised being 1200 acres to a Colonel. The Statute of intend to do one thing, and sometimes do a very differ- Georgia lies on my table, for the inspection of any gen ent thing. This may arise from the superior adroitness tleman who wishes to know, accurately, its provisions. of one of them in the use of language, or from careless- It is enough for my purpose to state the substance of it. ness in the choice of words. In the present instance, The enlistments were made, and warrants for the boun neither can be supposed; all the persons engaged in ties were given to the officers and men. According to forming the compact of 1802, were gentlemen of astute the promises of the statute, these bounty warrants were understandings and pure characters. There was no de- to be located in the Western territory. A part of the sign to entrap-there was no want of care. The words troops were to be raised in what was then called Franklin, used expressed fairly the intention of the parties. Can a part of what is now the state of Tennessee. To these they, by any construction, be made to cover these mili- recruits a promise was given of 50 acres on every 100 of tia claims? Georgia did not owe them. This was ad- hounty, in lieu of rations, which Georgia did not pro mitted. The documents show that she did not. Where pose to furnish them, and this quantity was to be survey does she assume to pay them? No promise to pay themed in the Bend of Tennessee. In demanding payment is in the instrument. Nothing is contained in the compact which imposes any obligation upon Georgia which did not then exist. These claims were then charges on

the General Government. They remain so still.

Were it even admitted that there was an obligation on the state of Georgia to pay these claims in 1794, it is yet necessary to show that these expenses had a "relation to the territory ceded," before they can be considered

for these bounty warrants, Georgia followed the exam. ple of Virginia and North Carolina. In consenting to pay, the United States did only what was done for those States. The difference between the cases is this: The claims of Virginia and North Carolina were Revolu tionary. The claims of Georgia prior to the Constitu tion, but after the Revolution.

Virginia and North Carolina made the land subject to

FEB. 14, 15, 1825.]

Georgia Militia Claims.

[H. of R. & Sen.

Mr. HAMILTON rose in reply, but gave way to a motion for adjournment, which was carried.

their claims. Georgia asked the amount in money, and invade Georgia, but were restrained by the Governor unpaid it over to her citizens and those claiming under til it was ascertained what was to be done by Spain and them. The Commissioners of Georgia and of the United the U. States.] Such was the effect produced by this letStates acted wisely in making this arrangement, both ter, that the administration of Gen. Washington expected for the interests of the individuals claiming and for the a war with Spain as the ally of the Creeks and Cheroconvenience of the United States, in the subsequent kees. The letter of Mr. Jefferson to Mr. Carmichael, survey and sale of the territory ceded. The ceded ter- communicating this document, shows the apprehension ritory has been regularly surveyed by the United States. of the government that such was to be the consequence There are no conflicting claims in Alabama and Mis- of the disturbances to the South. To the Western gensissippi. The ground has not been " shingled with war- tlemen, a full justification of the conduct of the Gorants," as in Kentucky and Tennessee. The claimants, vernor would be found in the fact that, notwithstanding under the statute of Georgia, have all been paid, while the force called into service, the incursions of the Insome of those claiming under Virginia and North Caro- dians were so frequent, that the frontier settlements lina, are yet unsatisfied. Whoever will consider the were broken up the whole extent of the Indian boundadisputes and difficulties which have attended the ar- ry. All this is aside from the question. It was imma. rangement of these claims of Virginia and North Caroli- terial whether the Governor was justified or criminal in na, will applaud the conduct of Georgia. employing the force called out. The troops were callThis explanation accounts for the apparent contradic-ed out by him as the agent of the United States; the U. tion between Mr. Lincoln and the Georgia Commission- States are bound to pay. The U. States have paid the ers, and completely reconciles their statements. Mr. contractor who supplied them all the expenses incident Lincoln heard the Commissioners say something about to the service; have paid troops from Tennessee, ear militia claims due by that State, and he has confounded ployed under similar circumstances, and have not been the claims for services in 1787, with the claims for the absolved from their liability to the Georgia militia by the services rendered in 1792, '3, and '4. This claim of two compact of 1802. millions of acres is that referred to in the cession, and not the trifling sum of $142,000. This latter is a debt incurred, not by Georgia, but by the United States; and is as wholly unconnected with the former, as the militia claims of Massachusetts are. IN SENATE-TUESDAY, FEBRUARY 15, In construing this instrument, then, it is for this House to choose whether they The Senate resumed, as in committee of the whole, (Mr. will make its language refer to claims equal in amount KING, of Alabama, in the Chair,) the bill to amend the to the sum stipulated, and having a direct relation to judicial system of the United States, and to provide for the land ceded, or to this little militia claim, so far short three additional Circuit Courts; the question being on of the sum stipulated, having no relation to the land ced-recommitting the bill with instructions. ed,and in which the state never meddled, except through its Governor. I will now shew, in conclusion, that the Military Committee have erred on this subject, and on the same ground as the Secretary erred in 1794. They express great regret that the documents were burnt in the War Office. Sir, it is true that the documents were burnt, but the records of the state of Georgia have been applied to, and from those records the whole correspondence on both sides has been obtained. The committee suppose that those documents, if they had not been burnt, would show why these claims have been reject ed. And they suppose, as the Secretary did, that they were rejected because the operations against the Creeks and Cherokees had taken a direction which was offensive to the government. But this was never the fact. It is true, indeed that expeditions were undertaken against the Indians, in opposition to the will of the government; but these were expeditions, not of the militia, but of volunteers, acting on their own mere motion, in revenge for injuries previously inflicted by the Indians.

It is immaterial whether the Governor of Georgia acted right or acted wrong. He was authorized, by the General Government, to raise those troops: in doing so, he was the agent of the General Government, and the government is bound to pay the soldiers he raised.

Were it, however, necessary, I could show that, instead of doing too much, he did too little. The documents show that the people of the state did not consider the frontiers sufficiently protected. The Legislature passed sundry resolutions, calling upon the General Government for further aid-aid which would have been indispensable, but for the voluntary expeditions undertaken by the citizens of Georgia against the Indians. To show the danger to which the state was exposed, I ask the attention of the House to a single document, a letter from the Spanish Governor of Louisiana to the Spanish Commissioners, Jaudenes and Viar, [Mr. F. read from Waite's State Papers, extracts from the letter, which stated that 600 Cherokees were asking supplies of ammunition to invade Georgia; that partial supplies had been given; that four bodies of Creeks were ready to

Mr. JOHNSON, of Kentucky, offered a few further remarks explanatory of the nature of the bill, and called for the Yeas and Nays.

Mr. TAZEWELL, of Virginia, adverted to the im portance of the measure, and the impossibility of its receiving the consideration which it merited, and passing through both Houses of Congress the present session. He then moved that the bill and resolution be indefinitely postponed, and pledged himself, should the postponement take place, to co-operate with the honorable mover of the bill, in producing a plan which should ensure the attainment of the object he had in view, by the best means that could be employed.

Mr. TALBOT hoped that the bill would not be postponed, and went into a long argument to show that the Western states, who had been for years asking that the benefits of the Circuit system should be allowed them, should not longer be denied a just and common right. He proceeded to reply at some length to the arguments urged against the bill, when it was last before the Senate, and contended that the present bill was only an attempt to perfect a system which had received the approbation of the country for more than thirty years, a system copied from the English judiciary, which, whatever might be said of the Government, was the pride of the country and the admiration of the world. He glanced at the observations made in relation to the impracticability of the Judges of the Supreme Court performing circuit duties, and maintained that the present facilities for travelling through the country were such that this argument was entitled to no weight.

Mr. BARBOUR, of Virginia, begged the Senate would not be alarmed with the idea that he was going to consume the time by entering into detail in reply to every objection made by the gentleman from Kentucky; not that he thought them unanswerable, but the time would be unreasonably consumed. He should, he said, feel himself reluctantly compelled to vote in favor of the motion made by his colleague, not because he was averse to any change being made in the Courts of the United States, for he had, he thought, been sufficiently

Senate.]

On the Judiciary.

[FEB. 15, 1825.

explicit in declaring his belief of the necessity of some four millions, and was limited to the old thirteen states; change being effected, but under the conviction that now, the case was very different, the theatre in which there was not sufficient time remaining: any plan they this vast jurisdiction was to be exercised, was those immight adopt must of necessity be carried through in a mense regions inhabited by millions of people that will hasty manner, totally incompatible with the vast import-be produced in the course of time. It surely did not ance of the subject-he thought that it was one of the follow as a necessary consequence, that because a most important that could be presented for their delibe- scheme, adopted under one set of circumstances, provration and would call forth all the talent of both Houses ed wise and salutary, it was to continue so when those of Congress. His friend (Mr. TALBOT,) suggested that circumstances had entirely changed. The gentleman this was the only time that any amelioration could be admitted that this scheme was now defective, because effected, and if it were now postponed nothing would he was striving to mend it, yet he commended the ori be done. But, said Mr. B. there was but one sentiment ginal scheme. That, Mr. B. said, would be no longer on this subject. It was not the question whether a of any service; we were a new people, and a wise legisjudge should be located in Kentucky, Tennessee, or lature, in adopting those measures which promised to be Ohio, but what should be the organization of that tribu- most useful, would pay some regard to those changes nal, which, they were told, carried the destiny of the which must inevitably ensue in progress of time. He nation in its decision. That was the great question to would advert to facts. There were, according to the be decided, and when it was considered what import- statement of the gentleman from Kentucky, nine hunant consequences were involved by a wise or unwise dred cases on the docket of that state. They had half a decision, it would not excite much surprise that they million of people; and if they went on progressing as should approach the subject with some degree of cau- they did now, they would, in fifty years, have 90,000 tion, and ask for ample time for deliberation. It was causes untried. Mr. B. said he would content himself asked, why was not this scheme proposed earlier in the with making his estimate at one-third of that number, session? He would reply, last Thursday was the time 30,000. Allowing that there was an appeal in one cause the bill was called up. Was it for them, who were not out of fifty, it would leave six hundred causes to be departicularly concerned in bringing forward this measure cided annually by the judge. to call it up, and suggest a scheme by way of amendment? It was sufficient they were at their posts when it was called up, and had then expressed the views they had of the subject. Three propositions were now before the Senate, on this subject, and how could it possibly be properly discussed and receive the sanction of both houses of Congress in so short a space of time as now remained indeed, it was not at all desirable that a measure of such magnitude should be so pressed on, that mature deliberation could not be exercised on it.

It was impossible the court could sit more than fifty judicial days, which would leave twelve cases a day to be decided, whereas, if they appealed to experience, they would find that one case in twelve days would ap proach nearer the truth. The effect of all this would be, that the docket would go on increasing, the fountain of justice would be clogged, and appeals would be made from every part with no other end in view than that of producing delay.

Mr. B. repeated his opinion as regarded the necessary Mr. B. thought that the gentleman from Kentucky qualifications of a Judge of the Supreme Court. There had availed himself to the utmost of the privileges of must be, he said, a mass of intelligence and experience, that body, in indulging in a wide range of discussion. a character to be acquired which could only be the reIf this had been a motion of indefinite postponement on sult of many years laborious exertion, and it was out of the merit of the question, his objections would have the question to tell him that such a man as this could been in order, but when it was distinctly stated that it traverse the empire to do all the duty required as Circuit was merely to gain time for deliberation, he thought|Judge, and then come to this city and act as Supreme the discussion should have been limited to that naked Judge. His friend alluded to the beautiful turnpike proposition, because the merits of the question were roads and comfortable steam boats. Those were luxu not implicated, his colleague having pledged himself to ries which were, no doubt, duly appreciated in the East; assist the friends of the measure in obtaining their but, if he would turn to the West, he would find they object the ensuing session. were not so easily to be enjoyed, unless, indeed, the gentleman had, in imagination, established the canal across the Alleghanies. Fill that event took place, Mr. B. thought, he had been rather too sanguine on the subject. He would advise him to go to the Supreme Court, to cast his eye on the gentlemen occupying the bench, and then say whether they possessed the physical power

Suppose, said Mr. B. Missouri should present a person, every way qualified, to be a Supreme Judge, (an event, he thought, very probable, from the talent and genius which had emanated from that state,) a person like the present Chief Justice in point of years and wisdom, could he be expected, after having fulfilled all his duties there, to come here every year at the most inclement season, and under circumstances of the greatest difficulty? No! It was utterly impracticable. It was his opinion that the officers of the Supreme Court must be limited to the Metropolis.

Mr. B. said he admitted, no scheme could be proposed that was not liable to some objection or other. The gentleman from Kentucky had taken this opportunity to compliment the judicial system of Great Britain. Mr. B. admitted it was a good one, but one that was not calculated to operate beneficially on a large extent of terri. tory. Was it possible, that the twelve judges of Eng-of making such extensive journeys. land could pass through the whole of the British possessions, in different parts of the world? Were such a proposition to be made, the judges, and all England, would listen with astonishment. Yet he thought one of those judges could visit British Canada in less time, and with more facility, than a judge of the Supreme Court could come from Missouri to Washington. In preparing a scheme of this kind, it was necessary to glance into futurity, and to contemplate the time when territory would be added to territory, till they passed the Rocky Mountains. Were the judges of the Circuit and Supreme Court centered in one person, what could he Mr. B. said, that an incidental remark he had made perform in those distant regions, and then come to Wash-had been misunderstood, and the gentleman had made ington to fulfil his important duties there? And yet, a case of his own, and had discoursed most eloquently because the Western states required an increased number of judges, they were to rush precipitately on this measure, and shut their eyes as to the future consequences. It was urged that the scheme now in force was adopted by the wisest and best of mankind. At that time, Mr. B. said, the population was but three or

upon it. He did not say the Judges were to learn the law from the counsel, but he said that the counsellors on both sides would state the law, in connection, to the Judges of the Supreme Court, and the Judge, with the text and comment before him, would be able to decide. The gentleman said that these Judges were to make

CONGRESS.
On the Judiciary.

[Senate.

FEB. 15, 1825.] themselves acquainted with the laws of the different Mr. B. said he would offer one more remark. It was states by traversing the Union. But, said Mr. B. he true, as the gentleman had suggested, that the Supreme surely could not mean to say that they should be itiner. Court was the most transcendent judicial tribunal in the ants through all the states. He could be only in one or world; others dwindled to nothing in comparison with two states, and the time that he would consume in trait. In other tribunals, the mere question of meum et versing the others would be far better employed in his tuum limited their jurisdiction, but here, in addition, closet examining the laws of the different states; the were decided the great questions which presented themconsequences would be far more beneficial to the coun- selves under the constitution of the United States.try. They were the most august tribunal in the world, but notwithstanding they were not so supreme as the gentleman intimated, for there was a yet higher power, to which the Supreme Court must bow, that was, public opinion. It was the people they looked to under all circumstances, and in every vicissitude they had a confidence in the integrity and wisdom of the people.They were the sheet anchor which secured the safety of the vessel.

Mr. B. said the principal object he rose for was to notice the allusions the gentleman from Kentucky had made to the decisions of the Supreme Court, the nationality of its character, and the particular bearing of his allusions on the state of Virginia. As far as he was able to understand him, he meant to say, that he (Mr. B.) had defended those decisions of the Supreme Court which had produced excitement at home.

[Mr. TALBOT said he had been misunderstood, and explained.]

Mr. BARBOUR said, when that subject was touched upon before, he had declared he did not conceive it was any part of his duty to be the apologist for the Supreme Court. Nor had he the vanity to suppose, if he were so disposed, that he could represent the grounds on which they made those unpopular decisions, half so strongly as they had done. But every gentleman of the Senate would recollect that when a reference was made on the other side of the House, without any reference to the subject on his part, when the judgment of the Supreme Court was arraigned, he (Mr. B.) observed, that these gentlemen constituted a co-ordinate branch of the government, and there was a courtesy due from one department of the government to the other. If any member or department of government were guilty of an impropriety, it was the duty of every faithful servant of the government to sound the alarm, that the evil might receive a speedy and effectual remedy; but that irritation, which was produced by the insinuations of one department against another, when no effectual measure was contemplated, was incompatible with the genius and spirit of the government. Therefore, it was that he had insinuated, with submission, that courtesy required they should speak of the co-ordinate branches of government with respect. He should not violate his own rule by entering into any discussion on the decisions that had been made, the reasons on both sides were before the people, and let them decide for themselves.

The question on which they were to decide was one of vast importance to the tranquillity and well-being of the Union; and what was required of these old men? Why, to traverse the empire with the rapidity and facility of post boys, and then they were to be allowed only fifty days to deliberate on those important questions, whose consequences were so important to the well-being of the country. The plan of the gentleman from Kentucky required bodily vigor-his, required the mental vigor necessary for such judges. They ought to have their own time to deliberate on questions of this sort, and to turn and return the different authorities till their decisions should challenge the admiration of all but the interested party.

Mr. B. said, though he should vote in the affirmative on this proposition, he begged his friend to believe that he would cordially unite with his colleague in the determination to assist him in the plan which would be adopted for their benefit.

Mr. KELLY, of Alabama, thought it would be very unjust, after application had been made from year to year for relief, now to postpone the consideration of this important question to another session, and that too on the supposition that they had not time to think about it. The people of the Western country, he could assure them, had a very different expectation. He could not conceive where was the immense difficulty in the arrangement of either of the two systems proposed for their relief, the extension of the system, or the formation of a separate Supreme Court. If the majority were Mr. B. said, there was another objection to which he willing to extend the benefits of a system that were en. wished to call the attention of the Senate. It had been joyed by one portion of the Union to another portion, said that this court would be too national. It had already he thought there could be no difficulty in the way. So exhibited frightful symptoms of nationality; by locating much time and deliberation certainly were not necessathem here that nationality would be increased, and final- ry, and he submitted to the Senate whether a question ly, this court would ride triumphant over the desolation of this kind, on which so much feeling had been excited of which it will have been the cause. Mr. B. protest- in the West, was to be passed off by postponement ed warmly against insinuations of this kind against without consideration. It was incumbent on them in the Supreme Court, and said, if ever the time should acting to act as much as possible to the satisfaction of come, which God avert, that this branch of the govern- all parts of the Union, and if they said they had not ment, in which was deposited the peace and tranquillity time to consider the question this session, what assurof the Union, should commence destroying the rights of ance would be given to the people of the West that it states, and prostrating their independence, instead of should afterwards be considered? It was just as probathe little murmur of excitement that was now occasion-ble that next session opposition would be made, and if ally heard, they would hear the voice of the whole nation, swelling as it advanced, till it announced that the people had felt this oppression committed on their rights, and were about to take decisive measures. If, after forty years, it is found that the power of this court has not been abused, they might reasonably expect that it would not be hereafter. If they were in reality thus formidable in their power, the gentleman was going to increase it instead of abstracting a portion of it, by increasing their number. For certainly that which a small number would dare to do, a larger number would not shrink from. As new states were added, more judges would be necessary, and the court would be deprived of its character of a small deliberative body.

they acted on this subject at all they would do it in opposition to some gentlemen who would call for time to consider.

It was, Mr. K. said, no small matter to live under the circumstances in which a large proportion of the Western people do live-a large proportion of the freehold property is still depending in court for trial, and in many instances both parties were already ruined. The Dis trict Judges were not men of the highest honor, nor had they the capacity to make a correct decision in an intricate cause, the consequence was, they did not possess the confidence of the people, and ill-will and confusion reigned amongst them.

The present bill proposed the addition of three judges

to the Supreme Court, and the leading objection seemed to be the increase of numbers. He acknowledged that that objection might possess some weight, but saw no reason why they should not at once proceed to settle it. It was no small matter to let this huge mass of litigation in the Western country go on unattended to and undecided, even to the next session of Congress. If the majority of the House were opposed to the bill, and preferred the formation of a separate Supreme Court-be He only required them to act on the question, that the people might see they had attended to the subject, and their complaints had been listened to with some degree of attention. If it were now postponed, the people would not see the necessity of such a measure, and would come to the mortifying conclusion, that a deaf ear had been turned to their complaints.

it so.

[FEB. 15, 1825.

such courts. These courts were held by District Judges, on whom Congress had conferred the power, whilst in the other states, they were held by the judges of the Supreme Court themselves. There was a disparity cer tainly, but those were inconveniences that fell far short of those they would suffer, were they deprived of the circuit system altogether. The evil, though serious, was not so imperative as to preclude the least delay, but call on Congress to act on a subject of such importance, under the circumstances in which we stood. If, how ever, the Senate thought they had time to carry it thro' with proper deliberation, he was willing to go on with it.

Mr. JOHNSON, of Kentucky, was much gratified to hear the justice of the claims of the Western people acknowledged by the gentleman from New York, (Mr. Mr. K. was prepared to adopt either system, as being VAN BUREN.) The question, he said, was neither new infinitely preferable to the present state of things in the or complicated in its character, for it had been before part of the country he came from. He urged them to them the greater part of three sessions, therefore, so act on either system-the measure had been so long much time could not now be required to arrange and pending, that it must, he said, be familiar to every mem- discuss it. It was the general opinion that something ber of the Senate; and with the legal abilities they had ought to be done for their relief, and it was their duty amongst them, there could be no difficulty in making to sit early and late, till some efficient plan was organiz the necessary arrangements. He concluded by observed for that purpose. Mr. J. then made a few remarks ing, that if they could not be satisfied to the extent of their wishes, they would be content to take whatever they could get.

Mr.VAN BUREN, of New York, said, that the question immediately before the Senate, was a motion to postpone indefinitely, made on the single ground of want of time to do justice to so important a subject. The wide range of debate which this question had produced, would be more properly considered when the previous question was disposed of. The motion had been divided—it was, in the first instance, to recommit the bill with specific instructions. The division of the question would not prevent the consideration of the instructions proposed, and to recommit it without instructions, would only cause useless delay. It was a question which of the three systems that had been proposed for affording the relief that was asked, should be adopted. The bill on the table, proposes to retain the present system, and extend it to the new states, by increasing the number of the judges of the Supreme Court. Some were of opinion that that system is not calculated for the time in which we live, and that it is necessary to change it, and substitute one better adapted to the present state of the Union.

Was there any reasonable probability that a bill, having for its object to provide a permanent judicial system for this country, could be prepared and passed in the few remaining days of the session? The season for temporary expedients had passed, and what they did now, must be of a permanent character. The appoint ment of three new judges would, in the opinion of many, make the Supreme Court too numerous, and by authorizing their appointment, the door would, for a long time to come, be closed against the substitution of any other system.

Mr. V. B. said, for himself, he was prepared to act in regard to the subject; his willingness to postpone, arose from a conviction that there was not sufficient time to do justice to the subject; but if the motion to postpone should not prevail, he hoped the Senate would devote their undivided attention to it, until it was completed. The sense of the Senate would be taken, and if its decision be in favor of postponement, he would cheerfully Co-operate with the gentleman from Virginia, in taking the business up at the commencement of the ensuing session, and bestowing the utmost attention upon it. He acknowledged the justice of the claims of the Western states to have a new judicial system established embracing them, or to grant them a fair participation in that which already existed.

Those six states to whom the Circuit system was not yet extended, were not, however, entirely deprived of

on the organization of the Supreme Court, the extent of its powers, &c. and concluded by protesting strongly against the bill being postponed.

Mr. EATON, of Tennessee, rose to object to the postponement of the bill. Whether the relief sought for, should be now obtained or not, to many gentlemen of the Senate might appear of little importance; but it was very different to the people of the West, who, for a tedious time past, and up to the present moment, had been urging complaints, and asking redress. It was im portant to ascertain whether or not any thing could be done for them; if nothing could be done, he at least hoped that Congress would be civil enough to say to them, their claim had been patiently heard and examined, not hastily postponed. He said he felt himself under great obligation to both the gentlemen from Virgi nia, one of them had declared his entire willingness to take up the matter next year and apply a corrective; the other, (Mr. BARBOUR,) was disposed to be equally generous and liberal, provided he should be here. No one could entertain a higher respect for the character and services of the gentleman than he did, or should regret his departure from that body, more than he should, unless his absence should bring with it, some correspondent benefit to himself. Virginia might very well pro mise her future services and good wishes; had the West been as well taken care of, they too might be willing to wait until the next session. Virginia had nothing to complain of on the subject of the Judiciary; she was amply provided for, by having within her limits two of the Judges of the Supreme Court, both of them men of distinction, and whose decisions carried satisfaction and confidence with them when made. This, he said, was not the case with the West, where but a single Judge had been assigned to perform the business of nine states. Tennessee had, to be sure, heretofore derived some advantage from this system, defective as it was, for, occasionally, not always, she had an associate Justice to settle the disputes of her citizens; but even that had lately vanished, inasmuch as the Circuit Court of Ohio, by an act of the last session of Congress, had been assigned for the very day on which the Circuit Court at Nashville sat. He contended, that one portion of the Union, was as much entitled to the fostering care of the Legislature as another: privileges enjoyed by one section, others had not only a right to ask for, but to demand. The present system, he said, had been made many years ago; it was coeval with the Government, and had been esta blished with a view to the old thirteen states which formed the original compact; it had, by the addition of another Judge, been partially extended to the West;