MVB Senate remarks on the judiciary, 8 January 1827

MVB Senate remarks on the judiciary, 8 January 1827

IN SENATE.

Mr. VAN BUREN said, that the general law, passed in 1821, provided for the removal of causes from the Circuit Court of one State to that of another. But a difficulty which was not then anticipated had since arisen, and very much embarrassed the course of judicial proceeding under that act. In some of the States there were no Circuit Courts; the causes usually tried in Circuit Courts, being acted upon by District Courts having Circuit Court powers. The law of 1821 did not contemplate, and made no provision for this predicament; and thus removals were sometimes impossible, from such a state of things. This was particularly the case in the State of Mississippi, and other Southwestern States. The object of this bill was to authorize a removal of causes from Circuit Courts in one State to District Courts possessing the powers of Circuit Courts, in another.

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