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
But, if it were necessary, I believe it might be demonstrated that ten
justices of the Supreme Court will be sufficient to do all the judicial
business of the country which is required of them under the present
system, until the youngest member of this House shall be sleeping with
his fathers. Six judges have done all the business of the States east of
the Alleghany mountains, from the adoption of the Federal Constitution
up till this day; and still their duties are not laborious. If it should
be deemed proper by Congress, these fifteen Eastern States might be
arranged into five circuits instead of six, upon the occurrence of the
next vacancy in any of them, without the least inconvenience either to
the judges or to the people; and thus it would be rendered unnecessary
to increase the bench of the Supreme Court beyond nine, even after the
admission of Michigan and Arkansas into the Union. The business of the
Federal courts, except in a few States, will probably increase but
little for a long time to come. One branch of it must, before many
years, be entirely lopped away. I allude to the controversies between
citizens of the same State claiming lands under grants from different
States. This will greatly diminish their business both in Tennessee and
Kentucky. Besides, the State tribunals will generally be preferred by
aliens and by citizens of other States for the mere recovery of debts,
on account of their superior expedition.
I should here close my remarks, if it were not necessary to direct the
attention of the committee for a few minutes to the details of the bill.
And here permit me to express my regret that my friend from Kentucky
(Mr. Wickliffe) has thought proper to propose an amendment to add three,
instead of two, judges to the Supreme Court. Had a majority of the
Committee on the Judiciary believed ten judges, instead of nine, to be
necessary, I should have yielded my opinion, as I did upon a former
occasion, and given the bill my support in the House. This I should have
done to prevent division among its friends, believing it to be a mere
question of time: for ten will become necessary in a few years, unless
the number of the Eastern circuits should be reduced to five.
Public-domain text, read in full here on John Shaqi.
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