Mr. JOHNSON. I know; but then I an pose if you a point district judges in all the districts which may be within a State it is the same as appointingl them for the State itself. Still, you extend the judiciary system of the U.S. to these States in art or in whole; that my friendfrom Maine wi lof course admit. Under what authority? Under the authority of your antecedent legislation. The constitution of the U.S. creates no courts, no marshals, no district attorneys: that is done by legislation; and you legislated upon the subject of constituting courts and bringing into existence the particular officers and mak whenever a vacancyfrom any cause should exist. What. right has a district judge in SCarolinaI believe there is but one district in that Stateto hold his office? What authority had you to confer it? If SCarolina was a Territory, then, as the Supreme Court have decided in the case of Canter vs. The American Insurance Compan, the judicial system of the U.S. did not extend to it. The territorial judges may be appointed for a time. The judicial tenure which the framers of the constitution were so anxious to make permanent, so as to make the incumbents independent of legislative or executive control or influence, is notcousidered as applying to courts that may be created by Congress within the Territories, and the judges of those courts may therefore, it is said, be dismissed at anytime. such has, in fact, been the practice of the GovThey may be appointed for a term of years, and dismissed as any other civil Officering it the duty ot the Executive to appoint. of the Government by the Executive. Does my honorable friendfrom Wisconsin on pose that the judges in those insurrectionnry States can be dismissed? Will he for a moment maintain that their tenure is not an independent one, that they do not. hold Office during good behavior? I presume not; and if not, why not? Because they constitute a part of the judiciary of the U.S. as created by the Constitution and are no such part of the judicial system of the U.S. in those States except upon the theory that those States are now States of the Union. Further, you have done more than this. You passed an not some 2 or 3 years ago cre ating an additional judicial circuit, making Or egon and California the 10th circuit of the U.S. The act of 1802 (I have not time to turn to it.) makes it the duty of the judges of the Supreme Court whenever any chiefjustice shall thereafter be appointed orany assoncipat justice, to make an allotment of circuits. What has been done (and you are presumed to have known what was done) by the members of the Supreme Court, and who, too, it may be supposed, have some reasonably correct view of the constitution of the U.S.? Here is an order passed by them at their session of december term, 1862: “There having been" says the orderiread from it if I tswlaosat ssscossetiaotnejusticesof this court appointed since it is “ rafernl, That the following allotment bemadeof the ChiefJustice and associatejustices of said court amenitho circuits, agreeably to the act of Congress in such casesmadeand provided” That is, the act of 1802 “and thatsueh allotmentbe enteredof record, to wit: for the 1st circuit. Nathan Clifford: for the 2nd circuit Samuel Nelson; for the 3rd circuit, Robert C. Grier for the 4th circuit Roger 15. Ta ncy for the 5th circuit, James M. Wayne: for the 6th circuit, John Catron; for the 7th circuit, Noah ll. Swaync: for the 8th circuit, David Da vis: for the 9th circuit. Samuel F. Miller; for the 10th circuit, StephenJ. Field.” Do you know what States are in these several circuits? I suppose some of the Senators do not. Bear in mind the exact dimensions of these several circuits. The 4th circuit contains Delaware, Maryland, Virginia, NCarolina, and WestVirginia. By that order the then Chief Justice was allotted to that cir cuit. No 2 States were then more absolutely in rebellion than Virginia and NCarolina. The 5th circuit consists of SCarolina, Georgia, Alabama, Mississippi, and Florida, every one in a state of iusurrection, and to that Mr. Justice Wayne was allotted. The 6th cir cuit consists of Louisiana, Texas, Arkansas, Kentucky, and Tennessee; all except Kentucky at that time in rebellion. To that the late Justice Catron was allotted. The late Chief Justice afterward died, and the present chief was appointed. The contin euey again arose when it was necessary to maic a new allotment, and that Chief Justice himself takes partin that. allotment. Does he consider these States as at an end? An order passed by the court at the session of Decem er, 1865, by which the 4th circuit, consisting of Maryland, Virginia, NCarolina, and WestVirginia, was allotted to Chief Justice Salmon 1. Chase; the 5th circuit, consisting of SCarolina, Georgia, Alabama, mississip i, and Florida. all latelyin insurrection, was a lotted to