During the long and brilliant judicial career of Judge McLean his
circuit grew into an empire--altogether too large for any one judge to
give the courts therein more than a nominal attendance--rising in
population from 1,470,018 in 1830 to 6,151,405 in 1860.

Besides this, the country generally has outgrown our present judicial
system. If uniformity was at all intended, the system requires that all
the States shall be accommodated with circuit courts, attended by
Supreme judges, while, in fact, Wisconsin, Minnesota, Iowa, Kansas,
Florida, Texas, California, and Oregon have never had any such courts.
Nor can this well be remedied without a change in the system, because
the adding of judges to the Supreme Court, enough for the accommodation
of all parts of the country with circuit courts, would create a court
altogether too numerous for a judicial body of any sort. And the evil,
if it be one, will increase as new States come into the Union. Circuit
courts are useful or they are not useful. If useful, no State should be
denied them; if not useful, no State should have them. Let them be
provided for all or abolished as to all.

Three modifications occur to me, either of which, I think, would be an
improvement upon our present system. Let the Supreme Court be of
convenient number in every event; then, first, let the whole country be
divided into circuits of convenient size, the Supreme judges to serve in
a number of them corresponding to their own number, and independent
circuit judges be provided for all the rest; or, secondly, let the
Supreme judges be relieved from circuit duties and circuit judges
provided for all the circuits; or, thirdly, dispense with circuit courts
altogether, leaving the judicial functions wholly to the district courts
and an independent Supreme Court.