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
There is another point of view in which the inequality and injustice of
the present system, in the new States, is very striking. In order to
produce a final decision, both the judges of a circuit court must
concur. If they be divided in opinion, the point of difference is
certified to the Supreme Court, for their decision; and this, whether
the amount in controversy be great or small. The same rule applies to
criminal cases. In such a court, no man can be deprived of life, of
liberty, or of property, by a criminal prosecution, without the clear
opinion of the two judges that his conviction is sanctioned by the laws
of the land. If the question be doubtful or important, or if it be one
of the first impression, the judges, even when they do not really
differ, often agree to divide, _pro forma_, so that the point may be
solemnly argued and decided in the Supreme Court. Thus, the citizen of
every State in which a circuit court exists, has a shield of protection
cast over him, of which he cannot be deprived, without the deliberate
opinion of two judges; whilst the district judge of the six new Western
States must alone finally decide every criminal question, and every
civil controversy in which the amount in dispute does not exceed two
thousand dollars.
In the eastern district of Louisiana, the causes of admiralty and
maritime jurisdiction decided by the district court must be numerous and
important. If a circuit court were established for that State, a party
who considered himself aggrieved might appeal to it from the district
court in every case in which the amount in controversy exceeded fifty
dollars. At present there is no appeal, unless the value of the
controversy exceeds two thousand dollars; and then it must be made
directly to the Supreme Court, a tribunal so far remote from the city of
New Orleans, as to deter suitors from availing themselves of this
privilege.
I shall not further exhaust the patience of the committee on this branch
of the subject. I flatter myself that I have demonstrated the necessity
for such an alteration of the existing laws as will confer upon the
people of Ohio, Kentucky, and Tennessee, and of the six new Western
States, the same benefits from the judiciary, as those which the people
of the other States now enjoy.
Public-domain text, read in full here on John Shaqi.
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