Upon which Mr. Breckenridge, from Kentucky, rose, and stated that two days ago he had given notice that on this day he would submit to the consideration of the Senate two resolutions respecting the Judiciary Establishment of the United States. As, however, those resolutions were not necessarily connected, and as they might be distinctly discussed, he would at present confine himself to moving the first resolution; without however foreclosing to himself the right of submitting the second after the disposition of the first. He, therefore, moved that the act passed last session respecting the Judiciary Establishment of the United States be repealed.
[This is the act which created sixteen new circuit judges.]
Friday, January 8.
Judiciary System.
Agreeably to the order of the day, the Senate proceeded to the consideration of the motion made on the 6th instant, to wit:
"That the act of Congress passed on the 13th day of February, 1801, entitled 'An act to provide for the more convenient organization of the Courts of the United States,' ought to be repealed."[64]
Mr. Breckenridge then rose and addressed the President, as follows:
It will be expected of me, I presume, sir, as I introduced the resolution now under consideration, to assign my reasons for wishing a repeal of this law. This I shall do; and shall endeavor to show:
1. That the law is unnecessary and improper, and was so at its passage; and
2. That the courts and judges created by it, can and ought to be abolished.