To David Daggett
Mount Vernon1 Decr 8th 1818
Dear Sir
I have to acknowledge the rect of your favor of the 3d accompanied by the bill "further to extend the Judicial System of the U.S."
I saw and read with care, last winter, the Bill prepared by the gentleman you allude to, and then thought that all its provisions were necessary; but my memory does not enable me to reexamine that opinion, not recollecting, with sufficient precision, the clauses omitted in the present bill to which your questions particularly apply. Under the existing law, causes, in certain cases may unquestiona[b]ly be removed from the State to the Circuit Courts, and if the provision which is omitted in the present bill goes no farther than the old law it would seem to be unecessary; but I do not recollect what are the circumstances stated in the proposed bill. I make a like observation as to the other case of witnesses— Under the present law, witnesses are liable to be recognized in criminal cases; but I know of no law which authorises the Judge to require Sureties, altho, in practice, I have understood, it has frequently been done. I do not however recollect what are the Circumstances stated in the proposed bill under which such sureties may be required.
I observe the bill for the reorganization of the Judiciary has passed to a second reading— What do you suppose will be its fate? Our present system is worse than being imperfect, as it is very obvious that the Judges of the Supreme Court have & can have no constitutional authority to hold the Circuit Courts. There are, in my opinion many strong reasons, or the ground of expediency, for the contemplated change.
It will afford me very great pleasure my dear Sir to see you here if you can come down at any time before the latter end of Jany. I am with very great respect your most ob. Servt
Bush. Washington
ALS, CtY: David Daggett Papers. BW addressed the letter to "The Honbe David Daggett Member of Congress Washington." The cover is postmarked, "<illegible> 9." The document was free franked.
1. BW first wrote "Washington," but replaced it with "Mount Vernon."