Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-04-26

- reo,iIatc the medical department. ol
~. - army. requiring of the Principal
u 80. Assistant Apothecary General bond
' and security for their faithful conduct;
o." a Granting to the Surgeon General
fine privilege Of franking official iet-
tsrs:1 which was read.
Tbe resolution submitted yesterday
~ MIR. Sanford, was taken up and a.
greed to.
JUDICIAL SYSTEM.
The Senate took up, in committee OF
,be whole, MIR. Wilson in the chair, the
lii fnrther to extend the Judicial sys-
tsm Of the United States introduced
come time since by Mr.. BurriIl.
This bill embraces number OF pro-
Visions touching the powers of the judg-
O. the administration of justice III the
co,rts of the United States, the rightof
appeal. &c.
,he different sections of tho bill-ex-
mining to the Senate briefly, their OBJ
;ert. the defects of the present system
intended TO be remedied. &c. When
he had concluded. \
Mr.. Smith for reasons which he sta
ted at large. moved to strike out the
following sections being the last in the
bill:
SEC. a, .4ad be it further enacted,
That, whenever. upon any indictment.
information, or other criminal ptosecu-
,ion, in any state court. the party de-
lsmiant shall set up in his defence, un-
der the general issue, or otherwise, any
right, authority, or dnty, claimed, and
exercised by virtue Of the constitution,
treaties, or laws OF the United States,
and the decision Of tie court before
which the same shall be pending, shall
be against the validity of such right,
authority, or duty. if the same shall not
otherwise fully appear of record, the
party defendant shall be entitled TO file
his bill OF exceptions TO such decision at
any time before Judgment rendered
thereon; aud such bill of exceptions,
being found true, shall be signed and
acknowledged by the same Court, or by
TIE presiding Judge thereof, and record.
I'd among the records Of the coaft; and
in every case Where it shall appear OF
record that the court shall have decided
against the validity of sGch right, au-
thority. or duty, writ of error shall
lie from the judgment rendered on said
Indictment, information. or other pro-
secution. 10 the Supreme Court of the
United States, at any time within five
wears after the rendition of such .iudg
ment: and said court shall have full au-
iaority to iudge therein, and to affirm
or reverse The same, as justice and law
shall require: PForiLed, h0Wertr, That
no writ of error shall operate as stay
ofexecution of sach Judgment, unless
the party defendant during the same
t.m in which Judgment shall be passed
shall enter into recogni2ance in such
state court, in a reasonable sum, with
good and Sufficient suretieS. to sue forth
such writ of error within thirty days
after such rccognizal ce be achnow-
lodged, retnrrabie to the next term OF
the supreme court of the United States
which shall be holden after sixty days
from the time IF the rendition Of such
judgment, and TO prosecute the same
writ to effect. and to abide the final
Judgment and decision of the court rem
aered thereon; and in default thereof.
that such rec9gnizance shall be forfeit
cd and in case such judgment shall be
affirmed. the supreme court shall award
reasonable costs against the plaiAtiH IN
error, and shall remand the cause to
the state court for execution, according
to the original judgment.
On this motion debate OF conside-
rable duration arose, in which the mo
ton to strike ont the section Was ad,o-
Gated by Mcssrs. Smith. Lowrie, Ian
man and Walker Of Geo. and was op
posed by Messrs. Rarlitl, Mcilcn, and
Otis.
The nation was finally decided i'll the
aflirmatiye-ayes IA. noes IL land
The bill was then reported to the
Senate, and postpaned to Saturday.
The Senate took up the m age OF
5 the House Of Rcprest atatives. announc~
ing that they insist on their amend
ments to to the bill establishing dis
trict court in Alabama. (reduciug the
salaries of the Judge and marshal. the