Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-12-20

from the explanation given, that the motion invol
we'd greit constitutional queston--one vitality
interesting 20 the Union, and particularly 10 the
State which he in part represented-a State which
was unfortunate enough to be the st member ofthis
confederacy, which had felt judicial power under
the enactment of a code of laws issued under the
name of Rules of Court. 'ir. J. said, that the
federal circuit and district for the Kentucky
District, had issued certain rules OF court, which
operated 10 all intents and purposes, the execu-
ton laws of the State of Kentucky, so far as rela-
ted 10 ludgm DEGREES obtained in the Federal
courts for that State He had not those rules OF
court 10 present to the Senate. which he called 4
code OF Execution Laws: at proper time he hop
ed TO have ii in his power to present them; for the
present he would say, that these rules if he recol-
lec'ed right, regulated the which TOOK the
body OF the deb'or; they regulated the forthcoming
pond anu the repievin bond; the terms upon which,
real and personal estate should be sold; at what
Time and upon what credit; and in fine he consid-
cred the rules complete system (of its k:nd) OF
Execution Laws; laws which were not in force in
Virginia; laws which were not in force in Ken
lucky and laws which were not inlorce by acts of
Congress. These courts, acting under the authorj-
~ OF the United States, declared tina, this newer
n"d Deen exercised IN consequence of decision of
the Supreme Court of the Union He had not
examined That opinion with so much accuracy AS
10 give an opinion whether he concurred with the
Judges OF the circuit and district court for the
State OF Kentucky, 80 TO latitude of principIe
winch they believed the Supreme court had assumed
IL would, however, become the bounden dutc of
congress to look into that matter and see If il
were possible that irresponsible judicial officers had
assumed the right, and had exercised the power OF
making laws Tor sovereign and independent State
lie thought they might be satisfied with the exer-
else oil thepower TO declare state laws
' At .her VIII and pleasure, and leave to the Repre-
senlatives of the people TO frame the laws. From
WHAT he could learn, he supposed the Judges had in
giving this opinion, doubt Ell whether the regulation
and creation of rules, regulate the sale of
ty' and the disposition Of the body of the debtor
was the exercise of legislative power. Mr. ]. said
ne would appeal TO every member OF this BODY: he
would appeal every intelligent urst of this ma
hoh, whether IN England or America if il was al
al! doubtful whether the system of Execution Laws
was not substantive and vitality important lesis-
lative power: and whether in all the States in the
United States, and in Great Britain, the statute
DOCKS did not invariably prove that legislative bo-
dies, The Representatives of the People where ,bey
exist, have not at all times exercised thi. power
exclusively. Mr.. j. said, in many cases the Court
might be authorised to interfere in the forms of in
dIcal proceedings; and, like the colors of The rain
DOW, II might sometimes be doubtfa where leeisla-
tive power ended, and judicial power began. But
IN the case mentioned, nc could not conceive of a
higher or more exclusively legislative question than
that which had dominion over the property and
liberty OF the citizen. But, he said, he should not
the Senate, but should conclude by saving, thai be
believed that the exercise OF such power BIZ the
Judges, was contrary TO the spirit OF our consti-
tulion. as if the King of England and his two
Houses OF Lords and Commons had gwen US this
code.
Mr.. Holmes of Maine, said his object was at
tanned by The clear explanation given by the honor
able mover. He had poin'e ed out the evil and the
remedy he proposed: this was the object he had in
view in calling on him, and he was perfectly salts.
fled.
The question was taken and the resolution agreed
HOUSE OF REPRESENTATIVES,.
Mr.. Vinton, from The Committee on Publ,
Lands, reported bill " to authorize the Legsla
ture OF the State of Ohio 10 sell TIN. lands bitber,,
Appropriated for the use of Schools in that STATE /,
The resolution yesterday otfe ed by Mr.. Snono
tor standing committee on the Territories, wa
again read, and agreed to-
! NAVAL COURTS MARTIAL.
| The resolve Offered yesterday by Mr.. Miller
calling for the papers on Lieut.. Wolbert's Cour
Martial, having been again read,
/ Mr.. Miller, being asked tie reason which inth,
ced linn TO oder the resolution, replied, that h
wished to understand the cause Of the dismissal n
Lieut. W oioert rom the service. 1t appeared T.
I him 10 have been severe sentence The nerso
dismissed known aud Acknowledged 30 h,y
been rneriioTons officer. He had many friends
and much solicitude was felt in his behalf He ba,
reason, moreover, TO believe That this solicitu,I
was not confined to the personal friends of Lieu,
! WolbeTt, but that there were members of ,hi
House who wished 10 know Tie reasons which Ina
led 10 the dismissal of such a young man from In
naval service OF the country.
/ Mr.. Bartlett OF New Ha-rrsbire. exnresseJ
hope ts'at it understood as a matter of
that all proceeding OF all Courts Martial in or
val and military service, were 10 be published nv o,
der oi tins House. For himself he conld nercr; 4,
no reason why these proceedings should be teyise
by Congress, any Than the proceedings in Civ
Courts, could he for it unless some specia
aud satisfactory reason should be assigned IN
! House had called FOR the proceedings in anothe
case, becaure the person accused had been acoui,
ted; now they were to do it be. luse the accuse
person had been condemned lie could not sea, IN
proprety Of such cell, unless some complaint wa
made OF injustice in he proc ceilings and he hone
the House would not IncumOer its table vyithuseie.
documents.
Mr.. Miller, in reply, sail. That the reason assio,
ed by the gentleman from New IIampshire again
the call, appeared to him TO be the strongest I'm
could be given its favor. Tie gentleman won
nOt can Tor these papers, because he does not kno
o. any injustice IN the proceedings, but how con
any person Know whether those proceedings wei
just or unjust tii the papers were laid before then
lie believed they were nor yOluminous, and !
khew that 1t would be highly gratifying to many
nave a better understanding oil the case
Mr.. Trmbla OF Kentucky, observed, that
would vote with as much pleasure foi this call
Tor any other, if lie knev that the gentleman wi
made IL proposed to take any sitp in conseopen
OF receiving tie papery He h,d ex pressed no ~,
intention, and, If lis o1ject was merely to get {,
papers here, and print book he for one should
{ opposed toit. HeiecOllerted that. when he Ca,