Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-17

their opinion, may be necessary the rights
and privileges OF residents and PRESIDENTS" s.
On motion OF Mr.. Mclean, of Ohio, it was
hesolred, That a memorial and certain resolu- |
tions OF the Legislature OF the State OF Ohio, pre-.
sented TO Congress during their last session asking
grant OF the public lands in the vicinity of The
respective lines OF canals now constructing in said
state, be referred to the Committee on Roads and
Canals; and tina, said committee be Instructed 10 in
qare into the expediency of grating the same
On motion OF MIR. Mccoy, it was
Resoiped, That the Committee of WAYS and
Means be instructed to inquire into the expedieacy
OF repeating the law imposing duty on imported
salt.
Mr. Wickiiire, of Kentucky, offered the follow
ing:
ResolUed, That law ongh, TO pass repeating the
25th section OF the act entitled - An act TO estab-
lish Judicial ourts of the United Staes:'' and to
prescribe the mode by which the questions referred
to in the said section, when brought iu,o judicial
controversy in any of the Courts of the u. States
may, upon the application of either party, be re-
moved from the State Tribunals holding original
jurisdiction thereof, 10 the Circuit or District
Courts OF tie United States, at any time before
trial upon the merits.
ReSolued, That the provisions of the I'd section
OF the act OF congress entitled " An act Tor regu-
laiing the processes IN tie Courts OF the Uni ell
SAFES, and providing compensation for Il officers
of the said Courts, and Tor jurors and Witnesses do
not confer upon the said Courts, the power b, rules
| and orders of the Court, 10 subject TO execution
and sale, on final process, property and of lie
defendant, which has not been made subject to ex-
ecuton by the laws of the United S ates, or the
laws of the State in which the judgment IS as p-o
| nounced; which laws of the State, TO be made ap-
| pc.ble to Courts of the United SAFES, m st have
been adopsed by the Congress Of he Uuited States:
And as that power has been claimed aud exercised
by some of the Courts of tine Uniel Safes
ResOioed. That law ought TO pass prescribing
more specifically what processes ought TO be used
| in said ourts.
In Offering these resolutions, Mr. w. said, that
it was not his intention, this time 10 press the
discussion and decision of the tiects embraced
by the Resolution he had Just submitted. He
| would only occupy so much OF the lime Of the
House as would be necessary, briefly 10 explain
the objects which he designed 10 effect He ssld
1t would be recoliected by a PORTO, of the mem
bers OF his House, hat during The first session OF
he last ongress, he had Submitted TO the con,l-
deIation OF he Committee on The Judiciary re-
>olutlon nearly similar 10 The first rc-oluiion no.,
presenied; that Committee then thought II nexpe
dent to interfere with the subject and he had NOT
therefore, pressed it farther al that time lie felt
II hls duty TO present the propositions directly Tor
| the decision OF the House, under belief hat if
sent to the Committee is usual il might share the
fate awarded 10 the former one. The 25h SEC
ton oil the acl referred familiar, he d esun ed
TO the members ofthe bar. 1t is hat section bch
conieTs upon the Supreme Court the lurIsdc ion of
| revising the decisions OF the Supreme Court of a
Stale, Ia any oil those .ses wherein is drawn il,
question The validity oil a treaty OF Il tute Of r
an authority ed uncer the United Staes
| and the decision IS against thei. unlidify. or
wherein Is drawn IL que> io' the valdl,, If sta
tute OF, or al arh )Tly exercised under any Stqte
or the ground of their being repusnant 10 the CON
siNulIon, treaties, or lows OF the Uni ed = .te.
and the decision is n' Jaror Of such their pal3iv;
or wherein - dawn IN question the construction
OF any clause OF the oGsitution, or o. Treaty
or statute OF, Com,nission held Under the u
nited States, aud the decision j. against the title
right, privilege, or exemp.io, specially set up OF
claimed by either party. Tins sec 10, is one-sided
IN It's provisions IL deaies one of the p-rties a
right which guarantees to the other. lie who
claimed the protection of the statute of his ATE
alter having hazarded a contest in ourts OF the
Stde, II he were successful, subject to be
dragged before the Supreme QUIT of the nation
but II he were unsuccessful before the tribunals of
Tie State, he was denied the privilege of supervi-
| sing that decision, before the appellate court of
me na'lon. lie did not wish to deny the courts
OF the nation the exercise OF any OF those constl-
lonol powers which appertained 10 them, and the
exercise oil which was necessary 10 a sound adj
mnislration of the General Government lie
thought If the contest in any o. the cases enumera-
e.
they should end there IL, however, any hgant
IN cases so peculiarly situated, was unwilling TO
risk and abide by the decisions o. the Stale trbu-
nails, he as willing, under proper notifications 10
secure 20 him that right. This ould p event those
unpleasant, not to sa. dangerous collisions, which
nave arisen, and might again arise, between he
courts OF the nation and of Stale The second
resolution invi ed the attention of Congress TO he
provisions OF another statute pertaining to tie Fe
derai Judiciary. The power TO pass a general ex-
ecluon law by Congress, is of a very deIica =
character, and lie had no wish 10 see it exercised
But, if he had righfully considered and unders, 90
the effects and consequences OF the decision of the
Supreme Court III recent case, (he alluded to ihe
case of Wayman and Clark Us Soutiard and var
at leas' so far as they operated upon the STATE
which he had The honor in part TO represent, he
would infinitely prefer the exercise of that no. er
by Congress than leave it to he discretion of the
Judges, 10 be exercised under tue power OF max
ing rules and orders; under which power they have
subjected real estate to sale in a mode did, rent ON
mat which, was thought expedient to do by the
Legislature OF the state in winch the land was SIT
ulted Uniformity and stability were very desi-
rable in all laws; and especially those which ap-
pertain 10 the administration Of justice among the
same People. lie had SAID enough to invite the
attention Of the House to the objects embraced by
The resolutions. he hoped that tention would be
given the subject which its importance demand
ed lie would ask that the resolutions, for the
present, lie the table, and hat they be printede
The resolves were accordingly order ed to lie on.
the table, and be printed
| On motion OF Mr.. LITTLE. The resolution pass
ed by the Committee Of the Whole on the State of
the Union, referring much of the Presidents
Message as relates to Revolutionary Pensions and
the various laws that subject to Select Com
mlItee was 20 amended to refer it 10 the stand
ing committee since appointed, and entitled the
! Committee on Revolutionary Pensions