A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term — John Shaqi
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 3: Andrew Jackson, 1st term
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
In this general survey of our affairs a subject of high importance
presents itself in the present organization of the judiciary. An uniform
operation of the Federal Government in the different States is certainly
desirable, and existing as they do in the Union on the basis of perfect
equality, each State has a right to expect that the benefits conferred
on the citizens of others should be extended to hers. The judicial
system of the United States exists in all its efficiency in only fifteen
members of the Union; to three others the circuit courts, which
constitute an important part of that system, have been imperfectly
extended, and to the remaining six altogether denied. The effect has
been to withhold from the inhabitants of the latter the advantages
afforded (by the Supreme Court) to their fellow-citizens in other States
in the whole extent of the criminal and much of the civil authority of
the Federal judiciary. That this state of things ought to be remedied,
if it can be done consistently with the public welfare, is not to be
doubted. Neither is it to be disguised that the organization of our
judicial system is at once a difficult and delicate task. To extend the
circuit courts equally throughout the different parts of the Union, and
at the same time to avoid such a multiplication of members as would
encumber the supreme appellate tribunal, is the object desired. Perhaps
it might be accomplished by dividing the circuit judges into two
classes, and providing that the Supreme Court should be held by these
classes alternately, the Chief Justice always presiding.
If an extension of the circuit-court system to those States which do not
now enjoy its benefits should be determined upon, it would of course be
necessary to revise the present arrangement of the circuits; and even if
that system should not be enlarged, such a revision is recommended.
A provision for taking the census of the people of the United States
will, to insure the completion of that work within a convenient time,
claim the early attention of Congress.
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