Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
One of the first of these duties, and one that he discharged with signal
ability, required him to introduce and advocate a bill to amend and
extend the judicial system of the United States, by including in the
circuit court system the States of Louisiana, Indiana, Mississippi,
Illinois, Alabama, and Missouri, which had hitherto had only district
courts, and by increasing the number of judges of the Supreme Court to
nine. Mr. Buchanan’s speech in explanation of this measure, delivered
January 14, 1830, was as important a one as has been made upon the
subject. The measure which he advocated was not adopted at that time;
but his speech may be resorted to at all times for its valuable
discussion of a question that has not yet lost its interest,—the
question of releasing the judges of the Supreme Court entirely from the
performance of circuit duties. Until I read this speech, I was not aware
how wisely and comprehensively Mr. Buchanan could deal with such a
question. The following passages seem to me to justify a very high
estimate of his powers, as they certainly contain much wisdom:
Having thus given a hasty sketch of the history of the Judiciary of the
United States, and of the jurisdiction of the circuit courts which this
bill proposes to extend to the six new States of the Union, I shall now
proceed to present the views of the Committee on the Judiciary in
relation to this important subject. In doing this, I feel that, before I
can expect the passage of the bill, I must satisfy the committee, first,
that such a change or modification of the present judiciary system ought
to be adopted, as will place the Western States on an equal footing with
the other States of the Union; and, second, that the present bill
contains the best provisions which, under all the circumstances, can be
devised for accomplishing this purpose.
And first, in regard to the States of Ohio, Kentucky, and Tennessee. It
may be said that the existing law has already established circuit courts
in these three States, and why then should they complain? In answer to
this question, I ask gentlemen to look at a map of the United States,
and examine the extent of this circuit. The distance which the judge is
compelled to travel, by land, for the purpose of attending the different
circuit courts, is, of itself, almost sufficient, in a few years, to
destroy any common constitution. From Columbus, in Ohio, he proceeds to
Frankfort, in Kentucky; from Frankfort to Nashville; and from Nashville,
across the Cumberland mountain, to Knoxville. When we reflect that, in
addition to his attendance of the courts in each of these States, twice
in the year, he is obliged annually to attend the Supreme Court in
Washington, we must all admit that his labors are very severe.
Public-domain text, read in full here on John Shaqi.
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