Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
In 1826, when a similar bill was before this House, we had the most
authentic information that there were nine hundred and fifty causes then
pending in the circuit court of Kentucky, one hundred and sixty in the
circuit court for the western district, and about the same number in
that for the eastern district of Tennessee, and upwards of two hundred
in Ohio. Upon that occasion, a memorial was presented from the bar of
Nashville, signed by G. W. Campbell as chairman, and Felix Grundy, at
present a Senator of the United States, as secretary. These gentlemen
are both well known to this House, and to the country. That memorial
declares that “the seventh circuit, consisting of Kentucky, Ohio, and
Tennessee, is too large for the duties of it to be devolved on one man;
and it was absolutely impossible for the judge assigned to this circuit
to fulfil the letter of the law designating his duties.” Such has been
the delay of justice in the State of Tennessee, “that some of the
important causes now pending in their circuit courts are older than the
professional career of almost every man at the bar.”
The number of causes depending in the seventh circuit, I am informed,
has been somewhat reduced since 1826; but still the evil is great, and
demands a remedy. If it were possible for one man to transact the
judicial business of that circuit, I should have as much confidence that
it would be accomplished by the justice of the Supreme Court to which it
is assigned, as by any other judge in the Union. His ability and his
perseverance are well known to the nation. The labor, however, both of
body and mind, is too great for any individual.
Has not the delay of justice in this circuit almost amounted to its
denial? Are the States which compose it placed upon the same footing, in
this respect, with other States of the Union? Have they not a right to
complain? Many evils follow in the train of tardy justice. It deranges
the whole business of society. It tempts the dishonest and the needy to
set up unjust and fraudulent defences against the payment of just debts,
knowing that the day of trial is far distant. It thus ruins the honest
creditor, by depriving him of the funds which he had a right to expect
at or near the appointed time of payment; and it ultimately tends to
destroy all confidence between man and man.
Public-domain text, read in full here on John Shaqi.
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