Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-30
Congressional.
HOUSE OF fEPREsENrAryEs, TUESDAY, MAY I6.
JUDICIAH T BILL.

dietary bill should be defnitvey disposed oc berne
t. "t coun!y expected OF Congress TO defn-
iHiFeiy on the subject the present session.
IteSotred, That the bill, entitled "An act f,,b. .,
amend me judicial system OF the United States with
e amendments and the report, be again referred 10 the
Committee on the judiciary with inst rpc,;rps .,
~ uiis reuse whether there thing i'm c a,nen5
met OF the Senate which cannot be altered by cor.
subsequent act OF legislation, If be found cxpeden
inc fiouse agreed 10 consider this resolution by a
vote of 81 TO 65.
MIR. EaIeur, of Ohio moved 10 amend the resolu-
on by striking nut the whole of after the word Repo,l
so as TO make resolution to postpone the subject to
'e ia Gay OF Way the last day OF the session. on
I"hch no Dill can pass and the motion therefore is
equivalent To- the rejection of i'll "
MT: sacks deprecated this course and expressed his
nope That the motion of the gentleman from Kentucky
wGud prevail.
! Mir. WEBSTER Observed that the motion was tonta
noun. 20 motion OF indefinite posponement as the
defeat OF The measure must, prev allied be neyta
! bic. ~ "
The CHAIR said, that that effect would M, f,,io,, h
any rule OF the House.
Mr. FORSYTH remarked, That the Senate's amend
ineit appeared To him not To settle any priucine
MT. MERCER suggested to the gentleman from Ohio
TO modify his motion, direct IL todhc indefinite
postponement of the BILL
Mr.. GoyAN, of S. c. to the time of the House
when time was soprecous, moved lay the bill and a.
monuments again upon the table.
On this question, Mr.. Cook asked the yeas and navs
but the House refused 10 order them.
The question was then taken Mr.. GoyAN's motion
and lost
MIR M4NGUM, of n. C. moved to amend the amend
ment of MIR. WRIGHT, by striking cut the ed and in
serting the I'D OF May Though uniformly hostile To
ne BIZ either with or without the amendment he was
unwilling TO give the subject the gn-by in the manner
proposed He believed that majority of the House
WAS IN favor OF passing the bill in some form, and he
conId not JOIN with those who rather than adopt The Sen
ates amendment woud defeat the bill by an indrect
vote On the ED, which the last day of the session
the House would be iin-hcre might scarcely be a
quorum for blsDess-he was unwilling TO leave a ,ucs
/ tn hp f.ie.lo f-,t l,,
in moving the 22d, his object 10 rursue :; direct
and ofcn coarse, and try once the sense of the
House.
Fir. WRIGHT acknowledged that the purpose he had
in view, in the motion he had made was 10 defeat the
bill lie preferred this cou to that proposed by the
gentleman from Kentucky, Mr.. :-ctcherl and mo-
tion 10 postpone to day taking precedence of
motion to recommit, lac had put bis motion into that
! form lie concuTred with the gentleman from North
Carolina IN approving and III pursuing whu lie esteem
| cd a direct course.
| Mr. MANGUM asked whether he had correctly
understood the chair TO say that ie motion TO postpone
to Tie ga, would not of necessity, defeat the bill?
The GHAtR replied that it would necessarily do
MIR. WRIGur said, that, If that was the case, he
should acc pit the inert proposed by the gentle
man from ~ Carolina, (AIr. Afangurn,) as modca
ton OF his motion.
! Mr. STEyENsoN, of Virginia, said he should greatly
regrctit the bill should be LOST by any question OF mere
form lie had voted for the BILL aud he did not hesitate
nov 10 DECLARE that he shnnld recede from the
Houses disagreement the amendment oftle Senate
lie was not willing, for the sake Of a small objection
10 hazard measure OF such vital Importance; and he
therefore, suggested TO the gentleman from Kentucky
To withdraw MS motion 10 commit the BILL and SUI
fer the question be taken at once on receding, or
/ not.
Mr. LETcnER expressed bis Willingness TO withdraw
ic m0lIoa for commitments; and encra crv of TO-
day." ''now' arising in The House, lac withdrew his mo
ton.
Mr.. STEVENSON then moved that the House now con,
der tie bill.
! The Drcya lied.
! Mr. WRmHr moved that tic House do adherc 10 its
disagreement to the amendment of the Senate
MIR srEvENsoN moved that the House ieccde from IFS
disagreement; and commended that The latter motion had
precedence by the rules and practice of the House
The CHAIR at first decided tlat the motion to rcccde
was not prvic. motion, but subsequently, deternir-
ed E'at II wout be most convenient 10 give that motion
! the precedence.
Mr.. FoRsrrT, asked il The House coulJ rccede on
condition, and proposed an amendment 10 the amend
nent Of the Senate.
4 The CEA1R decided that il could.
! Mr.. STEVENSON then renewed the motifs 10 rccedc
and on this question, MIR. Polk ofTenn demanded the
yeas and nays, which were ordered by the House.
Mr. WEBSTER said it was important that gentlemen
should know the effect offher votes As he understood
ii, motion TO recede if decided in the affirmative was
equivalent to an adoption Of The Scpate's amoudnen
but such motion decided in the negative il did
amount rejection OF tic bill until subsequent
vote taken TO adhere. On the point how far the
amendment Uf tire Geu anv thing which needs
10 be amended aud does, how the defect an be
rcmedled by subsequent Legislation, &c would state
what was bis oPIulon, and lie believed that Of
jority of the Committee The judiciary. How does
The case stand' The bill as il went from this House
says that the Judges shall receive teir appoint
rneDt and he commissioned in like manner with tlc
other Judges Of the Supreme Court. The Scnac's a
nendmont appears TO consider that e Judges arc ga
a poinedn tIa commissioned" for particular Cir
cut; bot tho fact is ohcrvse-the judges are not an
pointed j. c. are not commissioned Tor any Circuit
their allotment to their circuits matter subsequent
and suboruatc is done by tic President in the FIRST
instance but ths only till tie Judges can meet and
aliot themselves. The question thcn arises, can the
President under this bill, amended, appoint the new
Judges in like other JUICES NJ The Supreme
Court are appointed and commissioned The answer
10 this question depends the construction given 10
tic amendment. None of the other Judges arc zap.
pointed - FOR any particular circuits, and If " appoin-
ted nis to be understood meaning the thing as
&C commissioned" there is ncongruity between the
bill and the amendment. There is but one way Of a
voiJng tbs-aud that is 20 give to the amendment such
I :. ...-..