Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-12-15
Wednesday, Dec. IL.

IN THE SENATE.
Wednesday, Dec. IL.
Mr.. Johnson of Kentucky agreeably to
! the notice which he gave yesterday. hav-
! ing obtained leave introduced the follow
ing resolution, proposing an
AMENDMENT of the CONSTITUTION.
Resolved, BY the Senate and House Of Re-
| prtsen.atives of the Un,ted States of .4me-
rico IN Congress assembled, That the tol.
lowing amendment to the Constitution. OF
the United States, be proposed to the le-
pi,lators of the several states, which when
ratified by the Legislators of three fourths
of tie states, shall be valid to all intents &
| purposes, as part OF the said constitution.
"That in all controversies where the
judicial power of the United States shall
be so construed, as to extend 10 any case
in law or equity, arising under this con-
.tilution, the laws of the United States, or
treaties made or which shall be made un-
der their authority, and TO which state
! shall be party; and in all controversies
! in which state may desire 10 become a
party, in consequence Of having the con-
sttution or laws of such state question
! ed, the Senate of the United States shall
have appellate jurisdiction.
When he yesterday gave notice Of
his intention to make this proposition,
Mr.. j. Stated that it had originated from
serious consequences which had lately
taken place between several Of the
States and the judiciary ofthe United
States. More especially late decision
of that Court which had declared I'M
constitutional certain act of the Ken
lucky Legislature, called the Occupy
ing Claimant Law, which would over
turn the deliberate policy of the State
for upwards of ten years past, the OBJ
ject of which was the settlement Of con-
flicting land claims, which had been a
serious evil to the prosperity of the
State, and, if persisted in, would pro-
duce the most disastrous Consequences
in giving rise to much litigation where
questions had been settled for years, d
put every thing respecting landed prop
erty into the greatest confusion. He
/ stated that no common 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
amendment, of no ordinary magnitude;
he was not prepared to say that this
was the best remedy that could be pro-
posed, but he would say; that it was
the duty of Congress 50 look into the
matter before the subject assumed a
more serious character, and i: was for
that object that he determined to intro
Suce the amendment.
On offering this resolution today,
Mr.. J. further said, that on yesterday,
when he had given notice to the Senate
that he woald ask leave to introduce
the amendment to the constitution Oh a
subject SO vitality important to the har-
mony ofthe United States, he Gid not
know, nor did he have the most distant
intimation, that he should be anticipa-
ting the wishes of the Kentucky Legis-
lasure-the body which he had the
honor in part to represent. But he was
| happy to discover that resolution
had been introduced into the Legisla-
ture of that State, declaring that the
Senate of the United States. or some
other tribunal should be created to take
| appellate jurisdiction in cases where a
State IS concerned in judicial contrSver-
sizes in the Courts of the United 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 like y to quiet public excite
ment where state considered her
rights violated by the judgment of the
federal judiciary.
Mr.. Barbour, of Va. rose, as he said,
| to second the motion of his hon. friend
not from any apprehension that op-
position would be made to the leave
asked, because that would be dcpar-
ture from the comfy universally mani
tested to every member who rendered
{, for consideration a sub Jet of interest,
but merely to bear testimony to its I'M
portance, and to the necessity that ex lists
OF q thorough investigation of the sub
ject There are, ssid ne, other decisions
which have oeen made by the Supreme
! Court, beside the decision on the occu-
pancy law, alluded to by his friend,
which have produced considerable ex-
element, and to allay which, if practi-
cable, well becomes the wisdom Of the
Senate. ! am very far from express
ing an opinion for or against the Pro-
posed amendment In a case of such
consequences, opinions ought to be form
ed only after the most serious delibera.
ton. That an evil exists in the coils.