Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-02-20


judgment upon this proviso, nevertheless. tina, tie
plaintiff or hts creditor, his agent &C. may upon ten
days prevars notice the defendant, the count
foF additional security. sneh forthcoming bond
s"ch Judgment; and the shall make such order in
tseprsmiscs as they d., calculated aa asIice
&c &e-ibe question being pat on the said amendment
was determined in the aes2tive, ayes II. noes 70.
SENATE.
Oh SATURDAY, ilr Preamble and Resolution. from The
H."fD. on the Citation OF the Coinnonw, allh had
their decision in The Sesale....Ihe motion made Oh
Friday to Icy The whole subject ON The table Twin an
understanding that sleep there for tie tss
'he session vas again discussed ny Messr Jnhnson of
A"sn'S and fnckero FreGetick IN favor and aiessrs
Roheitson aud Hay in oapositon.-Mr. johnson assert
Ell Tue J"r''dc'ioa OF The Supreme Court ia c-itain
appellate eases where the state courts had taken cogn
sahce-ls appellate jurisdiction too was 10 be exercts.d
'h certain uay my addressed 10 tbs clerk
h" 10 the codr ia which las; respect he iutina,ed
~ 'e %''h s-et'"a oii@e Judicial actwas erroneors)-
a"o 'hat 'tinn' be in case where some law OF the
Congress Of lac S. legitimiately operating. in The
s'aes was supposed 10 he violated (wnch was MOT The
c''- Of this io,iery, n:ttuiea oaly by csngres. b
virtue o MS local powers district NJ Coiunbt,
Mr.. inckeT supported The motion. because be lhouchi
In the present state of the proceeding the rrsolanu.
we're premature iiongh 1t Nigh; have been desirable
That he judge SHOULD have required the a,ion 10 h.
MADE ~ osnf;; yet Tie awarding the writ caunt ne
CONSIDERED rs an EXPRESSION of opinon III. oce; sion
'he'ei're Is mol sufficiently important, though Tue
'''h'bpton o' Jurisdiction would present case OF
indn.:e Importance. lie sail. il the mutton to IA,
en the liable failed, IL shaad support the resolutions -
he believed them irnc ia princ:pe......rhe other
two eeneme,' oonieuaed, that was Igbt 10 act and
time IL auh protest against lie Jurisdiction
the Supreme Court, rhe ;.ioiinn lay On br iahtr
facG. h hons hPf.I fIy ihed
esvery nemher Of the Senate pos,)
motion was then made a,.d carried 20 st.;se ON
the Preamble asrecdto by the House Of Delegaies-
Daieoppos.n. the notion
Mr. HaY thea submitted short statement Of ihs ease
to be substituted by WY Of p!esmbie TIM va.
agreed to.
lie also submitted HE Mrec Subsequent RESOLUTIONS
to follow this statement:
"sherciore. Res0ired a, the opinion Of tn, General
Assembly OF Nug'ma-lst. that the Supreme Court OF
the u s. does not possess appellate jurisdiction in spy
case de cided bi a stale cuuIf
3D. That even IL this appellate jurisdiction did
exist III cases decided in CONT between ii.ayi
duais, State (acc1rdng the I!ih smeudIsnt OF The
Constitution, II not according to The Con.,itioa as
Originally foImed) canuot he male a patty defendant
t" any sail hef"e federal ihpmaI conuem.ed viii,
view 10 obtain Judgment against sucb .iaic or L,
reverse Gle obainrd hJ il, cGuri or 10 any
process or proceeding instituted IN federal canrt 10
Correct OF reverse judy neat entered auie cont
cor penalty or pnni'hmcu; prescribed for lie cou
rnissi"n OF an cf.cnrr.
81. That IaS passed by the Congress Of Ike United
States y vitae ofthat clause OF iis constitution bie
gives to HEN lie tight of eNcus.Vr legislation ever The
D'liict oi C'lnnhia has greater fuTce ar rIlec,
"' ''s s"i' District, an within the limits STATE
'ha"the aT "io1e siae has .ithi the limits another
state. or than law Of slate has within tie Ds,fict
aforesaid"
The words in ;hs Cd resolution. enclosed in brack
Is we're stricken ont, on motion Of Mr.. Tucker Of =
Mr. T. united 10 supporting te principles ~ Mr. HAYS
amendment, Gas wv! as the ist Resolution Il tng A.
of IIelrgaes)
The two FIRST resolutions we've then agreed IN nv >
small majority. rAe last OF hi Resolution a,,,a
| ifHaHimoUsiy.
The Isl resolution Of the ~. ef n (.hich enters
'oenn protest against The jurisdiction of The sayfeme
Court over his mder,) them adopted 22 votes to
The 2iresontiou rom tls H. orr Which insfrnciea
the Counsel of the n.npHweallh i.Dit their plead
inss Ia the Jurisdiction alJns struck on mutton
Of 1t. Tucker o! Frederick upnn the groaBd that ie
argument Of Tie Counsel was already over and 1t oas
therefore sope,nuous give tbsm instuctiors.-Th
81 resolution Of the II. Of t. nbich directs copies Of
The resolutions he sent to Tie members ofConsfess
sc also stricken out, motion OF Nj. Tucker Of
=. because it is not necessary foaatdiothe Senators
aud Representatives, Teso.ulous hch we're offended
1 for the counsel.
The Preamble aud reiolntous, thps amsadcd, we're
thrn agreed TO. aje, 81. aosi 30, as mioes:
| AYES nessTs. Kober son, Inv fucker, Try, rsnj
W. Johnson. Dade, Heafy s.. Georce tucker, iore
Duncan, ca'nPbeli, Hill. Hon, cabeil, Ilairs,su and
( rs'iairtn.
noes -se'srs. watts, tspeaser.) Chapman johnson,
ar'an. Hamilton clart, Ibroc&mori,n ei1hush, Thom
wilson aud Patterson.
Tic CITATION QNfri,n Is troHrbf 10 a close FL tn
JectsfdfHTf. 1EstLRDAY. me amendments )rol7 IN,
Se0Hfe acre rfpOtfrf 10 ne H. Of ~ IsrgccfHg