Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-12-18


Iia, the following amendmen, to de constitution Of
The United States, be proposed the legislatures of
the several states which, when ratified 2y Tho Ieos
a,ur,s Of threcourihs OF the states Shall Inc ,;Ji
10 an h'en's andpuiposes, part of the said consti-
That. in all controversies where the judicial pow
or ci The tned States shall be construed ms 70 ex
onu 10 amy case IA law or equity, arising under this
CONSTITUTIONS tue laws of the United Sies or treaties
made or which shall he made under their uuhor;,y
and 10 which state shall be "a panty and in All con-
u~versies IN which state may desire To become !, |
parry, IN consequence al having tbs. constitution ar
laws al such state questioned the Senate al. The Ijoii
ed StnieS shall have appellate jurisdiction
Nnen ne yesterday gave notice of his in |
tent'on 10 make this proposition. Mr.J stated
that II had originated from serious conseouen
ces which had lately taken place between scy
eral nj the States and the Judiciary fine IJn;t-
| cd States. More especially late decision orI
that Court which had declared unconslit,,tion- |
al a certain act of the Kentucky Legislature.
called The Occupying Claimant Law, which
would overturn the deliberate policy of the |
State FOR upwards ten wears past. The object |
| of which WAS the settlement of couOicfinor
land claims, which had been a serious evil 10
The prosperity ofihe state, and if persisted
M, would produce the most disastrous conse.
quences IN giving rise to muchlitigation where
questions had been settled for years, and put
every thing respecting landed property into
| H.
mon consideration would ever induce him 10
propose an amendment TO the constitution, but
ne considered the causes which had induced
hih To ask leave 10 propose his amendment of
no ordinary magnitude ; he was not PREPARED
To say that this was the hest remedy that
could beproposed, but he would say, that il
was the duty of Congress to look into the mai
Ter before the subject assumed more serious
character, and 1t was for that object that he
determined TO Introduce the amendment
On Offering this resolution to-day. MIR. j.
further said, that on Yesterday. when he had
gwen notice to the Senate that he would ask
leave To introduce the amendment to the con
stitution on subject so yitally important to
the harmony of the United States. he did not
know, nor did he have the most distant in;i
nation, that he should be anticipatinr the
wishes OF the Kentucky Lcgisat;re-the DO
| dy which he had the honor in part TO represent.
But he was happy TO discover tlia, a resoln-
'ion had been introduced into the Legislature
OF that State, declaring that the Senate of the
| United States, or some other tribunal should
be created 10 take appellate jurisdiction in
cases where State is concerned in judicial
| controversles IN the courts of the u States
| He expressed most decided preference for
the Senatorial body, where all the states were
equally represented ; and whatever was thus
decided, without the trouble or expense of
another tribunal. would be likely Ia quiet pub
tic excitement where State considered her
rights violated !y the Judgment of the federal
judiciary.
| Mr.. Barbour, ofVirgnia, rose, as he. said. to
second the motion of his honorable friend
not rom any apprehension that opposition
would be made TO the leave asked because
mat would be departure from the comfy uni
Versaiiy manifested to every member who
rendered Tor consideration subject of inter-
EST, bat merely to hear testimony to IFS i'm
portan"e: aud to the necessity that exists of
| through investigation of the subject There
are, SAID he, other decisions which have been
MADE by the Supreme Court, beside the dcci-
SION on the occupancy law, alluded to by his
| friend, which have produced considerable ex-
citement, and 10 alay which, if practicable.
wei becomes the wisdom of the Senate
am very lar from expressing an opinion for or
! against tie proposed amendment Ina case
oi sucn consequence, opinions ought TO be
| formed only after the most serious deiibera
ton. That an evil exists in the collisions be-
tween the constituent members of our Union
ana the federal authority, as to the sphere of
me powers OF the latter, must be admitted,
ana Is Just subject of deep regret. The in
ve5tiSation growing out Ofthe proposed reso-
| luton may cventuate in its rejection, as be-
| inS more inconvenicht in its consequences
t'iai Tie constitution as now constructs or
on the other hand, it may be adopted as an
| ehectuai remedy to the existing cvil-or, per-
maps, by c!Ictmg the whole wisdom of the
senate on this interesting subject, some other
plan may he devised that will obyiate the ex-
lstlng difficulties, give satisfaction to those
now dIsqueted, and restore that confidence
ana goodwill on which alone, TO any benefi-
! cal result, our institutions must rest
! Inc resolution was twice read by general
consent and, on motion of Mr. Holmes. oil
MaIn", 1t was made the order of The day for
the second Monday in January.
The Senate then adjourned.
HOUSE OF REPRESENTATIVE
After prayers by the Rev. Mr. Ruiand. the
il"use came 70 order, and the journal of yes
terday was read.
The following petitions were read and re-
ferred
10 the committee on Claims 20
On WAYS and Means 3
On Revolutionary Pensions l0
On Pensions and Revolution
airy Claims 10
On Public Lands
On Private Land Claims
On Post Roads
a Select Committee
mr.. LaHrop, from committee, reported a
Diii Tor extending the time for the redemption
OF iand sold for the direct tax; which bill was
vice read and referred to committee of the |
whole '''N
mr. Rhea, from the committee of Pensions
rePoTted Dill to revive and continue in force
ior longer Tune the act TO revive and CON |
'inue IN force the act TO provide for persons |
VINO were disabled by known wounds receiy-
ca III the revolutionary war, and for other
purposes which was twice read.
AIr llr,,,