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making the appropriation, was then vernment, and was not representtaken up, and passed, by a majo- ed; nor was the republic of Chili ; rity of 133 to 61. The house ha- the concurrence of its legislature ving thus assented to the policy of not having been obtained to the the mission, by making the appro- nomination of the plenipotentiapriation, measures were taken to ries, in time to permit them to take carry it into effect; and orders their seats in the congress. The were transmitted to Mr. Anderson, governments of England and the who was still in Colombia, to at- Netherlands, though uninvited, sent tend the Congress, which was to diplomatic agents, whose influence, hold its first meeting in the month no doubt, was felt in that assemof June. In his way to Pana- bly. These agents were not perma, he was unfortunately attack- mitted to be present during the deed, at Carthagena, by a malignant liberations of the congress ; but, fever, which proved fatal, and de- from time to time, communications prived the country of an able and were made to them of the most useful representative.

important of their proceedings. The delay that had been occa- The body continued in session sioned, by the long and protracted until the 15th of July, and after discussions, to which this measure much discussion, concluded behad been subjected, in both houses, tween themselves, as belligerents, thus prevented any representation a treaty of friendship and perpetual of the United States, in the first confederation, offensive and defenmeeting of that assembly ; it ha- sive, to which all other American ving been found impossible for Mr. powers might accede within the Sergeant to prepare, in the short year. This treaty had for its obtime which remained, after the de- ject the augmentation of the naval cision of the house, before the force of the belligerents, which meeting of the congress, for his was to be carried into effect by departure ; and the approach of Mexico and Colombia, the other the unhealthy season, having ren- states paying their contingents todered his journey to Panama pe- wards the support of the navy. culiarly dangerous.

Connected with this, was a proviThe representatives of Peru, sion for the gradual reduction of Mexico, Central America, and their land forces. The assembled Colombia, met there on the 22d of plenipotentiaries seem to have enJune, and commenced their deli- tertained a well grounded jealousy berations. Upper Peru, or Boli- respecting the large standing arvar, had not then organized its go mies which had been kept up in! the new states, under the chief- newed, and the meeting of the contains who still controlled them, as gress, annually in time of common well as directed the civil affairs of war, and biennially in time of peace, their respective governments. agreed upon. The next meeting was

A convention was also con- ordered to be held at Tacubaya, a cluded, fixing the quotas of the re- village near the city of Mexico, in spective governments to the com- the month of February, 1827. Its mon defence, and an agreement proceedings more properly come concerning their employment. The within the occurrences of the entreaties between the assembled suing year, and will be reserved powers were recognized and re- for the succeeding volume.

CHAPTER V.

Bill to extend the Judiciary System-Proceedings in House-Defeated by the amendment of Senate. Annual Report of Secretary of Treasury. Report of Committee of Ways and Means. Appropriations for Fortifications--Support of Government-Army-Navy. Public buildings. Bill for relief of Revolutionary Officers. Francis Larche. Conclusion of Session.

At the first session of congress circuits, and constituted circuit after the adoption of the constitu- judges for those circuits in the place tion, an act was passed for the or- of the old judges, who were releasganization of the judicary of the ed from attending the circuits. United States. According to this The next session of congress, this organization, the supreme court law was repealed, and the old sysconsisted of six judges, who were to tem restored with a modification; hold two stated terms at the seat of which provided for a reference to government in the year. They the supreme court, in all cases in were also to hold circuit courts which the judges of the circuit twice a year, with the assistance of court differed in opinion, and gave the district judge of the district in to the supreme court the power to which the court was held ; two of assign the judges each to his parthe supreme court judges sitting ticular circuit. with the district judge, as a circuit No farther alteration was made court. The United States, by this in the judiciary department, until agreement, were divided into three 1807 ; when a new associate juscircuits, and so continued until tice was added to the supreme 1792, when it was found, that the court, for the purpose of attending duties of the judges of the supreme the 7th circuit, then created out of court were too burdensome, and the states of Ohio, Kentucky, and the system was modified, so as to Tennessee. This was the first exallow one of the judges to hold a tension of the circuit system beyond circuit court with the district judge. the mountains ; and no additional This alteration gave thein some re- extension of the system has been lief, and the system continued with- made, notwithstanding the augmenout change, until the judiciary act tation of population and business in of 1801; which reduced the number the western states, had rendered of the supreme court judges to 5, some amendment necessary. divided the United States into 6 In those states, peculiar circumstances had brought a dispropor- causes peculiar to the western tionate quantity of litigation, before states, and the appropriate remedy the tribunals of the United States. was a local one. The augmentaAll their supplies of European ar- tion of the United States' courts in ticles, both necessary and ornamen- the west, so as to correspond with tal, were obtained from the Atlan- the increase of population, and to tic states; and the sources of litiga- clear from the docket the cases tion from this intercourse alone, which had been for years waiting were numerous. The Atlantic for decision, was the remedy creditors, naturally, preferred the proposed, and the only one federal courts, and a great quantity adequate to remove the evil. This of the business of those courts, remedy necessarily brought with it was derived from their controver- an alternative, which, in the opisics.

nion of many, was an evil of equal Another prolific source of their magnitude—that of augmenting the business, was to be found in the number of the judges of the susituation of the real estate in the preme court, or of relieving them western states. The title to all from their circuit duties, and subthe land in seven of those states, stituting circuit judges in their was founded on grants either from place. To propose to the westforeign governments ; from the Uni- ern states, as a permanent arted States; or from some of the old rangement, that the duties of the thirteen states, which formerly claim- federal courts should be performed ed a proprietary interest in those by district judges, as heretofore, lands. In all these cases, any con- would have been denying their troversy concerning real estate, claims to an equality with the oldwould be referred to the courts of er states. The choice, therefore, the United States.

was between an augmentation of The questions, too, concerning the judges of the supreme court ; the military bounty lands, and tracts or an entire change of the judicial belonging to non-residents, which system. had been sold for taxes, were all In 1819, a bill was proposed, referred to federal jurisdiction and passed the senate, to establish

These causes had crowded the the circuit court system throughout docket of the western circuit court the United States. This plan, howto such a degree, as to materially ever, was subject to the objecimpede the course of justice, and to tions, that the judges of the suproduce a delay almost equivalent preme court, the tribunal for the to a denial of right. They were final decision of all great constitu

tional questions, would be deprived, the passage of this bill. Some opof all opportunities of making posed it on the ground that it would themselves acquainted with the render the bench of the supreme laws and local customs of the se- court too numerous, and thus diveral states; and, that previous minish the responsibility and impair knowledge of the cases brought the usefulness of the several judges. before that court, which is acquired Others objected to the introduction by the judge who presides at nisi of so many judges, at one time, from prius, and is now brought into the the west. It was well understood supreme court, by the circuit that dissatisfaction was felt in that judges : and that the executive, part of the union, at some of the released from the necessity of late decisions of the supreme court ; looking into the circuit, to supply and fears were expressed that, by any vacancy on that bench, would the appointment of three new confine his choice to a more limit- judges, these decisions would be ed sphere, and impair the influence reversed, and the law of the land of the court, by neglecting local unsettled. Objections of a party considerations, as well as its use. character were also started ; growfulness, by making a seat there, the ing out of the patronage which the reward of political services, instead passage of this bill would place of legal learning and talent. in the hands of the executive.

These objections to the modifi- The necessity, however, of procation proposed in 1819, prevailed; viding some remedy, was so apand in order to satisfy the just ex- parent, and no other being propopectations and demands of the sed of so unobjectionable a chawestern states, and to remedy the racter, the bill reported by Mr. existing evils, a bill was brought Webster was sanctioned in the forward in the house early in the house, by a vote of 132 to 59. session of this year, by the chair. In the senate, it was amended, by man of the judiciary committee, joining Ohio and Kentucky in one (Mr. Webster,) to create three ad- circuit, and placing Missouri in the ditional judges of the supreme circuit with Indiana and Illinois, court, to hold circuits in the western and providing that each of the new states. By that bill, Ohio, Indiana, judges should reside in his respecand Illinois, formed the 7th circuit; tive circuit. This alteration passKentucky and Missouri, the 8th ; ed, by a vote of 32 to 4. Both Tennessee and Alabama, the 9th ; the senators from Ohio, and one of Louisiana and Mississippi, the 10th. the Kentucky senators, opposed

Great opposition was made to this amendment.

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