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
The great question, then, which remains for discussion is, does the
present bill present the best plan for accomplishing this purpose,
which, under all circumstances, can be devised? It is incumbent upon me
to sustain the affirmative of this proposition. There have been but two
plans proposed to the Committee on the Judiciary, and but two can be
proposed, with the least hope of success. The one an extension of the
present system, which the bill now before the committee contemplates,
and the other a resort to the system which was adopted in the days of
the elder Adams, of detaching the justices of the Supreme Court from the
performance of circuit duties, and appointing circuit judges to take
their places. After much reflection upon this subject I do not think
that the two systems can be compared, without producing a conviction in
favor of that which has long been established. The system of detaching
the judges of the Supreme Court from the circuits has been already
tried, and it has already met the decided hostility of the people of
this country. No act passed during the stormy and turbulent
administration of the elder Adams, which excited more general
indignation among the people. The courts which it established were then,
and have been ever since, branded with the name of the “midnight
judiciary.” I am far from being one of those who believe the people to
be infallible. They are often deceived by the arts of demagogues; but
this deception endures only for a season. They are always honest, and
possess much sagacity. If, therefore, they get wrong, it is almost
certain they will speedily return to correct opinions. They have long
since done justice to other acts of that administration, which at the
time they condemned; but the feeling against the judiciary established
under it remains the same. Indeed, many now condemn that system, who
were formerly its advocates. In 1826, when a bill, similar in its
provisions to the bill now before the committee, was under discussion in
this House, a motion was made by a gentleman from Virginia [Mr. Mercer]
to recommit it to the Committee on the Judiciary, with an instruction so
to amend it, as to discharge the judges of the Supreme Court from
attendance on the circuit courts, and to provide a uniform system for
the administration of justice in the inferior courts of the United
States. Although this motion was sustained with zeal and eloquence and
ability by the mover, and by several other gentlemen, yet, when it came
to the vote, it was placed in a lean minority, and, I believe, was
negatived without a division. It is morally certain that such a bill
could not now be carried. It would, therefore, have been vain and idle
in the Committee on the Judiciary to have reported such a bill. If the
Western States should be doomed to wait for a redress of their
grievances, until public opinion shall change upon this subject, it
will, probably, be a long time before they will obtain relief.
Public-domain text, read in full here on John Shaqi.
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