18th CONGRESS, Location and Improvement of Indians.—Nashville Bar.

2d SESSION.

RECAPITULATION.

[H. of R. & Sen.

The number of Indians embraces those in the country West of Lake Michigan, as well as those in the peninsula of Michigan; the information being such Las not to admit of a separate enumeration.

Some of the Indians claiming lands in these states reside partly in both; the particular number in either cannot therefore be stated.

The Indians claiming lands in these states, do not all reside in any one of them, except the Chicka. saws; and it cannot therefore be stated what is the particular number residing in each state.

(The Osages and Piankeshaws are scattered in Missouri and Arkansas, and most of the former beyond the limits of either; it cannot therefore be stated what is the particular number of Indians in either.

Department oF WAR, Office Indian Affairs, Jan. 10, 1825.

THOS. L. M⚫KENNEY.

MEMORIAL

in the exercise of this power-in states where there is

Of the Members of the Bar of Nashville, in the comparatively, little or no business, a Judge of the SuState of Tennessee.-Jan. 4, 1825.

preme Court is associated in the administration of justice with the District Judge. The questions presented are decided by a court which, almost, ensures correctTo the Honorable the Senate and House of Representatives ness and satisfaction; or, if the question is difficult, and of the United States of America, in Congress assembled. worthy of a more solemn examination, by a division of opinion in the court it may be brought before the SuThe members of the Bar of Nashville, in the state of preme Tribunal, when the amount in controversy, or Tennessee, beg leave, respectfully, to submit to your the situation of the litigants, would not otherwise allow honorable body, a brief statement, showing the evils ex- this to be done. In other states, where the dockets are perienced by the Western States, in consequence of the crowded with business, where property, to an immense defective organization of the Federal Judiciary System. amount, is in dispute, and where questions of the greatIn the nine Western States, there is only one Circuit est moment, to the parties and the community, are to be Judge; and, of course, only one member of the Su- decided, the courts are, sometimes, as we have been inpreme Court of the United States. Seven of those states formed, composed only of a District Judge, of inferior are, at this time, entirely excluded from all the benefits talents, whose judgment, no matter how palpably erro to be derived from the presence and learning of a Judge neous, if the amount is under two thousand dollars, is of the Supreme Court. If this be a privation, followed irreversible, beyond examination, and carries with it disby serious injuries to the states in that situation, it is time aster and utter ruin to the suitor; and if the amount is that a remedy should be applied by the National Legis- such as allows of a writ of error, it is too often impossilature, or its application be clearly shown to be imprac-ble for the injured party, either from poverty or want of

ticable.

When the extensive grant of judicial power was made by the Constitution, to the Federal Government, it became the duty of that Government to provide for the exercise of those powers in a mode equal in its operations, and by courts fully competent, by their ability, learning, and knowledge of the laws which they were to administer. At present, there exists a great inequality

friends, to purchase the expensive and distant remedy. But, if it should be a criminal prosecution, by an error1 in which the character, or liberty, or property, or life of the citizen is to be affected, then he must bow in submission to the erroneous judgment of a single Judge. And if, instead of imbecility, the District Judge is endowed with great talents and learning, yet, there can be no division of opinion, which is of such infinite import

ance in criminal causes, and in those where no writ of error is allowed; and, in the decisions of all questions, there is not so great a probability of correctness as if he was assisted by another Judge of equal or superior ability.

If this state of things does not constitute a great inequality, and even injustice, in the mode of exercising and distributing the judicial powers of the Union, it is hardly possible to suppose any case which would constitute this degree of inequality and injustice.

[H. of R. & Senate.

he must know the situation of their land titles; be must hear their legal principles and their peculiar sy stems of jurisprudence examined and discussed by the resident lawyers, by men to whom those principles and systems are familiar, who can correct any erroneous opinions which may exist in regard to any part of them. His mind must be imbued from the fountain head. This can only be done by the Judge holding the courts in the several states, and applying his mind, exclusively, to acquiring a knowledge of the laws of the two or three states, Great and ruinous as are the evils which arise from in the courts of which he may preside. A man of vigothis source, they are not so alarming in principle, or sorous mind, thus situated, and thus employed, will carry injurious in practice, as those which spring from the in- into the Supreme Tribunal of the Nation a competent competency of the present Supreme Court to execute knowledge of the laws which are to govern their exami the judicial powers confided to the General Govern nation and decisions; and if the appeal is to correct an ment, in the mode which the spirit of the Constitution error committed by himself, he bears with him the light prescribes, and which the safety and welfare of the citi- which will enable his associates to detect such error, zens of the several states of the Union demand. This and rectify what was, probably, a mistake occasioned by grant of judicial power was to be exercised over two the hurry of trial, which will sometimes occur to the great, but entirely distinct, departments-the one re- ablest men. garding the administration of the Constitution and laws of the United States; the other, which is, at least, of equal importance, regarded the administration of the laws of the several states. When this transfer of power was made, it was not intended, by the states, that any change should, thereby, be effected in their laws; but, it was expected that those laws, whether common or statute, should be administered in their spirit and purity; and, upon receiving this power, it became the imperative duty of Congress to organize the Courts of the United States in such a manner, and upon such principles, as would ensure a just, and enlightened, and substantial discharge of a trust, so extensive and important. That such is the duty of the United States none will deny. What is then necessary to its performance, and what defects in this organization will constitute such a dereliction of this duty, as to form a just and rational ground of complaint? The object to be attained is the impartial administration of justice, according to the state laws. To effect this, it is not only necessary that the Judiciary Tribunal be honest and enlightened, but, that it have, also, an intimate and accurate acquaintance with the common law of the state; by which we mean the common law of England, or, the Civil law, as modified by the habits of the people, and the situation of the country; the statute laws of the states, with their history, causes, construction, and application, and the judi cial decisions of the state courts; all of which constitute the laws which the courts of the Union are to observe as their rule of decision; and, upon the understanding and observation of which, depend the rights and welfare of the citizens, and the security of their property.

The peculiarity of the local laws of some of the Western states, particularly of Kentucky and Tennessee, in relation to their land titles, renders it necessary that there should be two, or more, Judges in the Supreme Court of the United States, from the Western country. These systems of law are not the same in Kentucky as in Tennessee, though between them there is some resemblance; but, in many parts of these systems, no analogy exists to the doctrines of the common law; and a Judge may be an excellent lawyer, endowed with the most exalted talents, and yet not competent to decide or even comprehend, many questions arising in landed controversies from these states. Able counsel may be employed to argue these causes, who are, themselves, perfectly conversant with their local laws, yet, it is im practicable, in an argument of counsel, to lay down all the first rudiments and principles, and to inform, sufficiently, the minds of Judges who are strangers to a system of laws, which is, in reality, complicated, and which, to them, would appear technical and inconsistent. No one will deny, that uniformity of decision in the Supreme Federal and State Tribunals, upon questions involving titles to land, is of the greatest importance; and how great would be the confusion and distress that would ensue from a difference of opinion and decision between those tribunals, upon questions of that nature.

Your memorialists respectfully represent, that, although by the act of 1807, the Circuit Court system was extended to Tennessee, yet, in fact and in practice, for much of the time, during the interval, from that period to the present, the Circuit Courts have not been attended by a Judge of the Supreme Court of the United Are the Courts of the United States so constituted, States. The seventh circuit, consisting of Kentucky, as to ensure, to a reasonable extent, the proper and safe Ohio, and Tennessee, is too large for the duties of it to exercise of this great trust and power? The negative be devolved on one man; and it was absolutely impossianswer to this question, is most obviously and most de- ble for the Judge, assigned to this circuit, to fulfil the plorably true. What Judge on the bench of the Su- letter of the law, designating his duties. The law repreme Court has an accurate knowledge of the laws of quired the Court to be held once a year in the district Missouri, Alabama, Mississippi, Louisiana, Illinois, or of West Tennessee, and the Judge of the Supreme Tennessee? Not one-it is quite impossible that any one Court, since 1807, has attended but ten courts for said of them should have, situated as at present they are. district, little more than one half the number; and, from We know, we every day feel and we do most deeply the situation of the District Judge, in relationship to the regret, their entire ignorance of the laws of Tennessee; parties, his interest in the event of the questions deand this we say, not in derogation of that very able and en- pending, and other causes, great delay and increase of lightened Court, for which we feel the highest respect, expense have been the consequence; and no power bas but, to show the imperfections of the present system, existed to have many questions of importance and diffiand attribute them to their proper cause. It is impos-culty revised in the Supreme Court, where the amount sible that each of the Judges can acquire such a minute in controversy was under two thousand dollars. An adacquaintance with the laws of every one of the twenty-ditional cause of complaint, in Tennessee, now exists; four distinct, sovereign states, all differing in their codes, that, at the last session of Congress, the time of holding so as to be competent to determine, with ability and satisfaction, the causes dependent on those codes. To acquire an adequate knowledge of the state laws, the Judge must devote much of his time to their study; he must be acquainted with the country and its citizens;

the Circuit Court of the United States for the district of Ohio, was made the same as that of its session in Nashville. How this happened, we are unable to say-probably from mistake; it will not, we hope, be imputed to a wish, on the part of the members of Congress from

18th CONGRESS, Memorial of the Nashville Bar.—Convention with Russia. [Sen. & H. of R.

2d SESSION.

Tennessee, to dispense, altogether, with the Circuit attend their circuits, in the different states, which are Court. This was far from their intention. If the pre- held, we believe, twice a year in every state and district sent state of things remains, either Ohio or this state will in the Union, except in Tennessee. In that state, owing be deprived of the benefit of the attendance of a Judge to its division into two districts, wholly unconnected of the Supreme Court. But, arranged as the Courts with each other, so far as relates to the Federal Court, were before the last Congress, the Judge of the Sev- as much as if they were in different states, there is but enth Circuit never had it in his power to remain at Nash-one Circuit Court held in a year, for the transaction of ville during a whole session. He has always been ne. business. In the Circuit Courts of the United States, cessarily called off before the end of the term, to hold held in almost every state of the Union, perhaps in alĺ court at some other place; which circumstance, alone, but three or four, the business on the dockets can be, has been productive of great inconvenience and delay. and is, completed in four or five days. Were the CirThe Circuit Court, for this district, commonly sits from cuit Courts held in each state or district but once a year, six to eight weeks; and it is believed, that no possible this would enable the Judges of the Supreme Court to arrangement of the sessions of the court, under the pre- hold their sessions for a much longer period of time, and sent system, can prevent an interference, so as not, ne- complete the business before them. The inconvenience cessarily, to deprive one or more circuits of the benefits of having but one Circuit Court in a year, would be of a Judge of the Supreme Court. much less than that arising from the great delay, which now exists, in the disposition of the causes in the Supreme Court. The practical effect of the present system, both as to the Supreme and Circuit Courts, is, that the causes of the least importance, and where the amount in controversy is small, are now immediately disposed of, and, others are delayed, from year to year, without argument or decision.

To show to your honorable body the situation of the business in the Circuit Court for the district of West Tennessee, the following statement is submitted with regard to the number of suits depending therein: On the trial docket of said court, in 1819, there were one hundred and seventy suits; in 1820, there were one hundred and fifty-two; in 1821, there were two hundred and two; in 1822, there were one hundred and fortyeight; in 1823, one hundred and eighty-five; and in 1834, one hundred and sixty-one. The most of these suits were of importance, either as to amount or in principle. Many of them involve difficult questions in law or equity, upon the decision of which, depend large and valuable tracts of land, and, sometimes, the whole estates of individuals. The above number of suits is not the annual product of each year-they have been accumulating from time to time-have been sometimes continued for the want of a competent court, at others because they were not reached, until some of them are older than the professional career of almost every man at this bar. The delay of justice is almost equivalent to its denial; and when the extent of this district, and the distance from which witnesses are summoned, are taken into view, it will be seen that the expense of protracted litigation must be ruinous. No method occurs to us, that will have a tendency to prevent the highly injuri ous and fatal consequences which we have endeavored to point out, but a change or reformation in the judiciaTy system, or in the number of Judges; and to attain this end, we have made this appeal to the National Legislature.

Upon the most mature consideration that we have been able to give to the subject, we think the most acceptable plan would be, to form new additional circuits in the Western country, and to appoint three Circuit Judges, who shall likewise be Associate Justices of the Supreme Court of the United States.

We respectfully submit these our sentiments and views, hoping that they will be received by you in that spirit which ought to characterise an American Congress; and we trust that your enlightened body will remove the numerous inconveniences and great evils which Tennessee, in common with the other Western states, now suffers, from the organization of the present judicial system of the United States. G. W. CAMPBELL, Chairman.

FELIX GRUNDY, Secretary.

A PROCLAMATION.

Whereas a Convention between the United States of

America and His Majesty the Emperor of all the Russias, 5th (17th) day of April, in the year of our Lord one thouwas concluded and signed at St. Petersburg, on the sand eight hundred and twenty-four; which Convention, as translated from the French language, is, word for word, as follows:

In the name of the most Holy and Indivisible Trinity:

Your memorialists cannot perceive the force of the objection which has been urged against this plan, that ten will be too great a number of Judges for the Supreme Court of the United States. In England, no practical inConvenience is found from having twelve, or, in truth, including the Lord Chancellor, thirteen Judges for the decision of cases in a court of last resort; and we confidently refer to the results of experience in that country. No good reason can be given why ten Judges cannot transact business with equal ease, celerity, and abili The President of the United States of America and ty, as seven; and should it so happen that, upon ques- His Majesty the Emperor of all the Russias, wishing tions of great importance, an equal division of opinions to cement the bonds of amity which unite them, and should exist, in all probability, it would be better for the to secure between them the invariable maintenance community that such question should remain undecided, of a perfect concord, by means of the present and that the cause be decided by an affirmation of the Judgment of the court below. It may also be said, that the court, as at present constituted, cannot transact the business on the docket of the Supreme Court, and that increasing the number of Judges will not obviate, but rather add to, this difficulty. Why is not the business Now transacted? Because the Judges are compelled to

VOL. 1.-9

Convention, have named, as their Plenipotentiaries, to this effect, to wit: The President of the United States of America, HENRY MIDDLETON, a citizen of said States, and their Envoy Extraordinary and Minister Plenipotentiary near his Imperial Majesty; and His Majesty the Emperor of all the Russias, his beloved and faithful CHABLES ROBERT Count of NESSELRODE, actual

18th CONGRESS,}

A Convention between the United States and Russia.

[Sen. & H. of R.

Privy Counsellor, Member of the Council of State, Se- Article 6th.-When this Convention shall have been cretary of State directing the administration of Foreign duly ratified by the President of the United States, with Affairs, actual Chamberlain, Knight of the order of St. the advice and consent of the Senate, on the one part Alexander Nevsky, Grand Cross of the order of St. Wla- and on the other by His Majesty the Emperor of all te dimur of the first class, Knight of that of the White Eagle Russias, the ratifications shall be exchanged at Washing of Poland, Grand Cross of the order of St. Stephen of Hunton in the space of ten months from the date below, gary, Knight of the orders of the Holy Ghost and of St. sooner, if possible. In faith whereof the respective Michael, and Grand Cross of the Legion of Honor of Plenipotentiaries have signed this Convention, and there France, Knight Grand Cross of the orders of the Black to affixed the seals of their arms. and of the Red Eagle of Prussia, of the Annunciation of Sardinia, of Charles III. of Spain, of St. Ferdinand and of Merit of Naples, of the Elephant of Denmark, of the Polar Star of Sweden, of the Crown of Wirtemberg, of the Guelphs of Hanover, of the Belgic Lion, of Fidelity of Baden, and of St. Constantine of Parma; and PIERRE de POLETICA, actual Counsellor of State, Knight of the order of St. Anne of the first class, and Grand Cross of the order of St. Wladimir of the second; who, after hav

Done at St. Petersburg, the 17th (5th) April, of the year of Grace one thousand eight hundred and tweet four.

HENRY MIDDLETON.

LE COMTE C. DE NESSELROVE
PIERRE DE POLETICA

And whereas the said Convention has been duly r fied on both parts, and the respective ratifications of t ing exchanged their full powers, found in good and due day of the present month, by Joas QUINCY ADAMS, same were exchanged at Washington, on the elevent form, have agreed upon, and signed, the following stipu-cretary of State of the United States, and the Baron

lations:

Article 1st. It is agreed, that, in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or subjects of the high contracting powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following articles:

Article 2d.-With the view of preventing the rights of navigation and of fishing, exercised upon the great ocean by the citizens and subjects of the high contracting powers, from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permission of the governor or commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States upon the Northwest Coast.

Article 3d.-It is moreover agreed, that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said States, any establishment on the Northwest Coast of America, nor in any of the Islands adjacent, to the north of fifty-four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Russian subjects, or under the authority of Russia, south of the same parallel.

Article 4th.-It is, nevertheless, understood, that, during a term of ten years, counting from the signature of the present Convention, the ships of both powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks, upon the coast mentioned in the preceding article, for the purpose of fishing and trading with the natives of the

country.

TUYLL, Envoy Extraordinary and Minister Plenipotes tiary of his Imperial Majesty, on the part of their spective Governments:

Now, therefore, be it known, that I, JAMES MONE" President of the United States, have caused the sur Convention to be made public, to the end that the s and every clause and article thereof, may be observed and fulfilled with good faith by the United States in the citizens thereof.

In witness whereof, I have hereunto set my hand, caused the seal of the United States to be affred Done at the City of Washington, this twe day of January, in the year of our Lord one t [L. s.] sand eight hundred and twenty-five, and of Independence of the United States the fart ninth. JAMES MONROE.

By the President:

JOHN QUINCY ADAMS,
Secretary of State.

LETTER

From the Secretary of State, transmitting infor ation in relation to the Commercial Relations, (as they at present exist,) betireen the Uni States and the kingdom of the Netherland February 11, 1825.

DEPARTMENT OF STATE,

Washington, 10th February, 1825. The Secretary of State, in obedience to a resolutio of the House of Representatives, of the 21st of Janua last, directing him to communicate to that House a information he may have in this Department, "show whether the duties levied on the tonnage of the vesses of the United States, entering the ports of the kingdon of the Netherlands, and on the merchandise with which Article 5th-All spirituous liquors, fire-arms, other they may be loaded, exceed those paid by the vesse arms, powder, and munitions of war of every kind, are belonging to the said kingdom," has the honor to sub always excepted from this same commerce permitted by to the House of Representatives copies of the corres the preceding article; and the two powers engage, re-pondence in this Department, having relation to the ciprocally, neither to sell, or suffer them to be sold to the natives, by their respective citizens and subjects, nor by any person who may be under their authority. It is likewise stipulated that this restriction shall never afford a pretext, nor be advanced, in any case, to authorize either search or detention of the vessels, seizure of the Extracts of a letter (No. 102) from Mr. Everett, to M merchandise, or, in fine, any measure of constraint whatever, towards the merchants or the crews who may carry on this commerce; the high contracting Powers reciprocally reserving to themselves to determine upon the penalties to be incurred, and to inflict the punishments in case of the contravention of this article, by their respective citizens or subjects.

subject.

Respectfully submitted,
JOHN QUINCY ADAMS.

Adams, dated

BRUSSELS, 17th March, 1823 "I have the honor to enclose copies of two pos which I have lately had occasion to address to Baron da Nagell, and of his answer to them."

"The reply to my application in regard to the differ ence in the duties imposed upon goods imported:

18th CONGRESS, Commercial Relations between the U.States and the Netherlands.

SIR: The new Tariff, which has recently gone into operation, contains several articles affecting the comnercial relations between this country and the United States. I think it my duty to invite your Excellency's attention to these articles, and to point out the manner n which they will operate upon the American trade. Your Excellency will recollect that the Government Extract of a letter (No. 105) from Mr. Everett to Mr.