Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1821-12-22
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rRom THE SArIoNEL INrELL,cEscER.
IN SENATE.

AMENDMENT OF THE CONSTITU. i.
Resolved, by the Senate and House j,
Of Representatives. of the United Stases !
Of America liz Congress assembled,
That the following amendment TO the |
constitution Of The United States, be
proposed to the legislatures of the seva-
raj states, which, when ratified BY the e-
Sislatures OF three-fOurths of the states,
shall be valid to all intents aud purpo.
ses, as part of The said constitution.
"That, in all controversies where
the judicial power Of the United States
shall be so construed, as 10 extend to |
any case in law or equity, arising uu-
der this constitution, the laws of the |
United States, Or treaties made or
which shall be made under their au
thority, and to which state shall be a |
party; and in all controversies in which |
state may desire to become a party,
in consequence Of having the constitu-
ton or laws Of such state questioned,
the Senate of the United States shall
have appellate jurisdiction.''
When he yesterday gave notice Of his in.
tontion TO make this proposition, MIR. J. sta
ted that it had. originated from serious con-
sequences which had lately taken place DE
tween several of the States and the judiciary
Of the; United States. More especially a
late decision Of that Court which had decia.
| red unconstitutional @ certain act of the
Kentucky Legislature, called the Occupying
Claimant Law, which would overturn the
deliberate policy of thu. State for upwards of
ten years past. the object Of which was The
epf nf cnuNic,tur land cia nh oh
had been serious evil to the prosperity of
| the State, aud, if persisted in, -. would pro.
duce the most disastrous consequences in Civ
| ing rise to much litigation where questions
had been settled for years, ard put every
thing respecting landed property into the
greatest confusion. He stated that no com
| mon consideration would ever induce him to
| propose an amendment to The constitution,
but he considered the causes which had in.
duced him to ask leave to propose his amend.
| ment, of no ordinary magnitude; he was not
| prepared to say that this the best rene.
| dy that could be proposed, but he would
say, that 1t was the duty OF Congress to look
| into The matter before the subject assumed q
| more serious character, and it was for tina,
object that he determined to introduce the
| amendment,
| On offering this resolution to-day, MIR. ].
! further said that on Yesterday, when he had
| given notice to the Senate that he would ask
| leave to introduce the amendment to the
| con stitution on q subject vitality import.
ant to the harmony of the United States, he
| did not know, nor did he have the mos, dis.
| tant intimatiOD, that he should be anticipating
the wishes of the Kentucky Begislature-the
| body which he had the honor in part 10 re.
present. But ne was happy to discover
that resolution had been introduced into
4 4 81 ,E
| the Senate of the United States, OF some o.
Their tribunal should be created TO take appel.
! late jurisdiction In cases where a State is
| concerned in judicial controversies in the
| Courts of the United States. He expressed
| a most decided preference for the Senatorial
| body, where all the States were equally re-
presented; and whatever was thus decided,
without the trouble OF expense of another
| tribunal, would be likely to quiet public ex-
! citement where State considered her rights
| violated by the judgment Of the fedora! jndi,
| ciarye
MIR. Barbour, Of Virginia, rose, as he said,
| to second the motion OF his honorable friend
not from any apprehension that opposition
| would be made to the leave asked, because
| that would be departure from the comfy
! universally manifested to every member who
! rendered for consideration subject of in
terest, but merely to bear testimony to its
| Importance, end to the necessity that exists
of a thorough investigation Of the subject
| There are, said he, other decisions which
| have been made BY the Supreme Court, be.
side the decision on the occupancy law, allu
| ded TO by his friend, which have produced
consideFab excitement, and TO sllsy which,
{ if practicable, well becomes the wisdom of
the Senate. am very far from expressing
an opinion for or against the proposed a.
mendment In case of such cons eQuence,
| opinions ought TO be formed only after the
| most serious deliberstion. That an evil ex
| lists in the collisions between the constituent
members of our Union end the federal au
thority, as to the sphere of the power. of
the latter, must be admitted, and is Just
subject Of deep regret. The investigation
growing out OF The proposed resolution may
eventuste in its rejection, as being more in
convenient in its consequences than the con-
| stiiuiion as now construed; or, on the other
hand, it may be adopted as an effectusl rem
edy 10 the existing evil--or, perhaps, by eli
citing the whole wisdom OF the Senate On
this interesting subject, some other plan may
be devised that will obylate the existing diff
ficulties, give satisfaction TO those now dis.
| quoted, and restore that Confidence and
goodwill on which alone, to any beneficial
result, our institutions must rest.
The resolution was twice read by general
consent; and, on motion OF MIR. Holmes, OF
Maine, it was made the order of the day for
The second Monday in january
The Senate then adjourned.
HOUSE OF REPRESENTATIVES,.
Mr.. Sergeant, Of Penn. from the commit.
tee on the Judiciary, reported bill for the