Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-12-20


The resolution offered by .B, Hendricks for The ap
poinment OF select Committee on Roads and Canals
was taken up and adopted.
JUDICIARY system.
1 nc following resolution, offered by Mr.. En1e o.
LIMOS. Yesterday was taken up for consideration
iteSoired, That the Committee OH the Judiciary be in
suced to inquire into the expediency of so amending the
ncts OF Congress regulating processes Courts Of the
United States, as 70 place the persons and property with
regard to the modes of proceeding against them of the
czens OF states admitted into Onion since 29h sept
upon footing OF equal security with the persons nd
property OF citizens Of the original States
.Hf Holmes hoped the gentleman from Illinois ,youId
s'atc 10 The Scnate ms for the amendment he
wished TO have made in the acts OF Congress relative 10
| the subioct
.Hr. Kane then rose, and said that the exclamation
required BY the honorable gentleman from Maine Law
WITHIN narrow limits and might be explained in few
words The object is expressed upon the face Of the
resolution, TO procure such amendments in the acts of
congress, regulating processes In the Courts of tho
United States as will place the citizens of the several
otates upon footing Of equal security in their perous
ana property The process act of the 28th of Septem
oeT 1859, amongst other things in effect provided that
the modes OF process in the Circuit and District Courts
10 smis al common law, should conform 10 those then
used IN the Supreme Courts of the States By .nodos
VI process" was meant. as IS decided in the case of
Wayman u.s. Southland. by the Supreme Court every
step taken IN cause; and Indicates the progressive
course OF the business from commencement 10 its
termination.n Thus the persons and pronerv or ito
ci'Zens OF the States then in existence were placed
under the protection and guardianship of thcr own
l"s: ms provision continued iii force, without od
acation, until the act of Nav, 1892, was PASSED bv
which the same was made subject TO such alterations
and additions as the Circuit and District Courts mipht
make, and to such regulations as the Supreme Courf
'no onited states should, by rule, prescribe He did
not understand, did he know that it was so under
stood any where, that these s'modes Of proceei,pon
were by this latter act made subject TO any alterations
auoi'lon or regulations other than such as time and
pracce should show TO be Indispensable the cor, eel
administration OF justice. The benefits OF the pIoyI-
sons OF 80 have been adjudged To have application 10
the citizens OF those States only which had extfenco
+ when the act wa passed for tue purpose, Of
placing the citizens OF other States uuon the same foot
ing, that lac venured TO introduce this resolution Th;e
citizens ~ their persons and property are now subject
t ne dealt with, not IN manner prescribed BY their
OWE laws, but According 10 such rules as the Courts
may lhnk proper 10 adopt. The State which he had
the honor in part, 10 represent, tie case with its
neighbours, Indiana and Missouri has no other than
district Judge No inference was however to be drawn
from the few remarks he had submitted that the judo
e are olaneabe for the manner in which they have ex-
crcsed so large discretion. The principle is 10 be
drea NJ; and the cause of complaint be removed
by extending the benefits of the act of 39 TO all the
States, or by the passage of law establishing svsen
uniform and impartial in It's operations 1t was not es
senal 10 the explanation required of him. nor TO the
purpose of the resolution thai he should this occa
sion, indicate preference for any particular plan: but
he would think himself fortr-sate if he had succeeded
in convincing the Senate that further legislation was
necessary.
nh. johnson Of Kentucky, said he was extremely
happy to find that the resolution OF the worthy member
from Limos embraced subject deeply and vtalIy ian
pprtant TO this Uniou and, especially 10 the Stale
which he, in part; represented: the transccndant
power OF legislation had already beeu exercised BY the
Circuit and the District Court for the District Of Ken
tCky For us part he did rejoice to discover that
this early part Of tc session had subject presented
60 this body, and to the nation, which would decide thai
all important principle Of self goVcrnme" the exclu.
siye right of The people the polls TO lect men to
make their laws which apneared now for the FIST time
IN the United States 10 be doubtful: as the two judges
OF the Federal Circuit, and District Courts of Ken
lucky had considered IL their right and their duty IN
der decision Of the Supreme Court at its last session
TO issue code of laws under the name of Rules OF
Court to regulate the sale Of property and the BODY of
the debtor. Whether the decision of the Supreme
Court had asserted doctrines alarming, whether
the power had been imported BY that decree which bad
been exercised in thus he should not pretend TO
as he had not examined with sufficient driberation and
accuracy that opinion 1t was enough for him to say
aud to know that such power had been exercised in
kentucky; and under a conviction that the decision oil
the Supreme Court had justified it, Mr. johnson said
that was the fact, 1t was high TO make the solemn
inquITy. whether we live in land of laws--laws made
SOLELY by the representatives of the people or had the
Judges concurrent power?--or whether the Courts
could not only declare laws unconstitutional; but il
fact exercise substantive legislative power ia giving
laws TO the States OF tis Union, by O. ennp code un
J der the mild narnessf Rules Of Court
Mr.. Johnson said he convinced that the fact
which he had announced upon this occasion, would as
tonish every member OF this body Some might ever
suppose hat he was ml1takcn--if he not mistaken
ne should hope that il would also alarm every Derbe
OF this body to think that irresponsible funconaries
the yernmeat should wrest from Congress the powe
OF making laws, at least 10 exercise concurren
right OF legislation upon of the most important in
terests and concerns which could awaken a FREE
people TO sense Of their danger; he the subec
OF Execution Laws-La'vs which disposed of the pro
perry, and the personal liberty of the czeU-whlc
involved forthcoming bonds repleyn bonds the term
and conditions of sale. such the extent ofcred
and the like, upon which the security of the real am
personal estate Of the citizen Of this extensive republic
depends He stated that the rules of Court to which
be had alluded regulated and disposed Of those seYera
e interests. He said he knew, in many cases, il nigh
be question of some teChDcality Of nicely an
doubt where the forms process and the sepa
rated; where Judicial power ended, and legislative pow
or commenced they might into each other like th
colours of the rainbow; hut he would leave to In
mot dI tnguished uiiss o. his counryhe would ar
peal to the experienced aud able members ofthis ous
whether ]; was doubtful question: that the sly!
tenn Of execution laws in this country or in Great Br