Speech of Hon Reverdy Johnson On Organization of Provisional Governments Wi
Speech of Hon Reverdy Johnson On Organization of Provisional Governments Wi
Reverdy Johnson
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Districts of the States. They are all out according to the theory. Mr. FESSENDEN. But the districts may exist. Mr. JOHNSON. I know ; but then I sup- pose if you appoint district judges in all the districts which may be within a State it is the same as appointing them for the State itself. Still, you extend the judiciary system of the United States to these States in part or in whole ; that my friend from Maine will of course admit. Under what authority? Under the authority of your antecedent le...gislation. The Constitution of the United States 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- ing it the duty of the Executive to appoint whenever a vacancy from any cause should exist. AVhat right has a district judge in South Carolina — I believe there is but one district in that State— to hold his office? What au- thority had you to confer it?
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