Mr. NESMITH. The rule on this subject heretofore has been to allow the territorial Legislature to regulate this matter, and in our State, which was for a long time a Territory, we had some experience about it, and, we thought the power was more safely lodged in the hands of the Legislature from time to time to determine where the courts should be holden than it would be if it were left in the hands of the judges. In either case I suppose it may be properly exercised and well exercised. I do not undertake to say what the facts about this case are; but when we remember that these judges are Federal officers, sent out there from the States for the purpose of discharging official duties, it seems to me the Legislature of the Territory are the best qualified to determine their districts and when and where it will best suit the convenience of the people to have the courts held. These judges are entirely independent of the Legislature, and if this bill passes they may fix the terms of the courts in such a manner as to relieve them entirely from the discharge of their duties, or almost so. They may fix the terms of the courts so far apart as to result in very great inconvenience to the suitors, and be a practical denial of justice. All the reasons are in favor of their making such an allotment if the thing is left in the hands of the judges. If it is left in the hands of the i.where it always has been, it seems to me the RePresentatives of the people will fix the times and places and circuits so as to accommodate the people better than they would be fixed if the power was left in the hands of the judges. There would be every reason to induce the judges, if the power were left to them, to make such an organization of the districts and to fix such times for the holding of the courts as would be most convenient to themselves and enable them to perform as little duty as possible. I know it has been the uniform custom in all the Territories for the Legislature to establish the terms and districts, and I do not see any reason why this change should be made. There is another consideration. Most of the judges to these Territories are appointed from States on this side of the mountains, from the old States, and they are not conversant with the topography or geography of the country or the wants of the people; and it seems to me if we make this change we shall place the exer. cise of this power in the hands of men who are not as well qualified to exercise it properly as those who now have it. I do not know of any F.o. reason in this case for a deviation roon the general and well established rule under which all the Territories have acted so far. If there be any reason I should like to hear it.