CRIMINAL CIRCUIT COURTS.
Mr. Dunn's bill [H. R. 334] in relation to the Criminal Circuit Courts and the Judges thereof, being taken up-
Mr. DUNN said the question was still a dubious one whether these Criminal Courts are constitutional or not; and, however it might be determined, this bill can do no harm. But if the Supreme Court should hold that these courts are unconstitutional, the effect will be, that every conviction in a Criminal Court-every single sentence from the Judges of these Criminal Courts will be invalidated. Every prisoner they have sent to the penitentiaries will be releasd and become a ground of action for false imprisonment, for work done and labor performed, &c. This bill was for remedy in either case, as far. as may be. But if the Supreme Court should decide the act authorizing these Criminal Circuit Courts unconstitutional ab initio, and he were asked whether, in that event this bill would offer a complete remedy, he would be obliged to say he could not answer the question. Still, he offered it as a remedy for settling the terms of these judges, etc.
Mr. ZOLLARS could not think the Supreme Court would so decide, and he was not ready to vote for the bill.
Mr. DUNN was not directly interested in the passage of this bill above any other gentleman who is intrested in having the questions involved settled on the statute book.
Mr. DAVIS of Floyd-Has this bill been before the Judiciary Committee of the House?
Mr. DUNN. Yes; and they have recommended its passage.
Mr. ZOLLARS feared the passage of the bill would involve new difficulties.
Mr. WELBORN saw no objection to the passage of the bill at once. It could do no harm, and if the Supreme Court should decide the law creating these Courts unconstitutional, it would offer a statutory remedy. He thought it extremely doubtful whether these Criminal Courts are Constitutional Courts. If they were their Judges can hold but four years. He might say that this bill had been drawn in anticipation of the decision of the Supreme Court, and to avoid the consequences set forth by Mr. Dunn.
Mr. ZOLLARS submitted: if these prisoners have been illegally convicted, can you convict them by legislative action?
Mr. WELBORN. We may do the very best we can. This is the best remedy we have got. We will close the doors on them if we can. We will remedy the evil if it can be remedied.
Mr. ZOLLARS. Suppose the Supreme Court decides that these courts are not Circuit Courts, will this bill override the decision?
Mr. WELBORN. No.
Mr. STANTON (to Mr. Zollars.) Have you got a better remedy?
Mr. ZOLLARS. I have not.
Mr. STANTON. Then why not pass it? He then demanded the previous question and order its force, the bill was carried to the final passage in the House of Representatives-yeas 72, nays 7.
