Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-05-30


session, with House whusH ranks have been thnned
by the departure of some of lis members and by the
oppressive hca, o the rs my friend from North
Eatct'na, wa" wii vote to rcccde would for au
in1eiai,c pustPouemcnt of the bill, as may ucr from
his recent remarks beg leave vary question be
fore tho House; ard suhmit you that proposition
Mr.. Pork of FEM. rose 10 reply to the objection
urged hy ilc gentleman from Ohio to the Senate's a
inen'inoUt The gentleman had PIT his objection
ttcti On tha unconst' utunaty OF The amendments but
lie reccllrctcl dat, wien that gentleman had on for
occasion, addressed the House opposition to this
same amendment, he urged constitutional objection,
but insisted only the inConvcnent allotment of the
districts Dir. p. said he had the act of 1907 be-
fore him, and, by that act il required that the
Judge should reside within the seventh circuit which
circuit created by that act The gentleman from
Ohio might perhaps say that the phraseology not
the that employed in the Scratcs amendment,
but he would venture TO say, that legal would
take up that bill amended, and comparing the
raj parts together would far hazard his legal reputa
ton 20 say Judges could not be appointed under it.
The amendment makes the point oil their residence
subsequent consideration To that OF their appointment.
ii says thai, when they have been appointed they shall
reside within the circuit where they 10 perform
their duuesand there good reason for this require
ment. 1t had been urged by the friends Of The BILL
when it was first brought into the House, that Judges
ought 10 be appointed from the West. that they might
bring into the Supreme Court know ledge the er loci.
Great stress laid that argument, and il applied
with equal force 10 the present As TO the cous
tutona objection, it weighed nothing in his udgment
but another reason had been conlured up which was
TO be drawn from the dignity of the House. But he
asked gentlemen if they prepared to reject bill
of this Importance mere tancitul question of dig
nifty. lie sai,Slat disrespcct had been manifested
towards tie House. The Senate had deliberately taken
its ground, aud, having done So it more than
right that they should give this House understand
that 1t would be useless TO waste time in conference,
because they not prepared TO change their opinions
MIR. u. here went into general discussion of the me-
rits OF the bill and insisted that, if should be rejected
the whole responsibility would devoIve the House of
Representatives. He made strong appeal to the
members and ed tho ha.
ncilts to be obtained by the bill be thrown away
because it did nat contain all that they ,lcsired'
Mr. MASGUM made some explanations as to the
ground on which he had determined TO vote for reced
ing. lie had been opposed to the bill from the first in
any and every form. lie had attended the report of
the Judiciary Committee since the Senate had deter
mined TO adheicand he it the fixed determine
ton of the friends of the the BILL and
lot the responsibility taI: where might. Now he did
believe the amendment of the Senate be proper. And
the question then presented itself whether he shoull
vote for that which he considered as in itself wrong for
the sake OF obtaining what lie thought desirable end?
And he decided, every man Of moral prnci.
pies, must decide not to do lie should therefore
not vote that the House adhere 20 its disagreement-for
he thought the amendment right, but should vote that
this House do recede from lis Disagreement
Mr.. BRUTr, believing that the sentiments of every
gentleman were made up the bill, mOy ed the pre-
ylous qucstion--but Withdrew his motion at the re-
quest of
Mr.. WRJGHr, who said. that, hay ing been called
upon as he had been by the gentleman from Massach
sets, who presided with much credit over The Judi
clary Committee, while lie felt it his nty 10 assure thai
gentleman that lie had intended offer him no person
al dSres1ec he felt II proper also, him, that
what he did IN ;he discharge of his duty in this House.
e felt lao desire 10 cvade escape from He had been
tod IN round numbers that nothing which that gentle
bad said today initiates IN the slightest Cepreo
against what he had said in the Committees report
on Friday last-and he was called upon under the de-
nu1ciation that he should cscape-he had no wish
10 escaPc-and lie would read the whole of the para
graph OF which that gentleman bad cad 10 the House
only part Here MIR. w. quoted the report more at
large
Mr.. W. sail, lie had supposed. when he heard the re-
port read in the Committee and since in this House
that tie argument had been drawn up with The express
view of satisfying The House That the Senatc's amend
mcnt such ought induce them TO reject ike
bill rather than adopt lie gued ,lis as well from Che
tenor Of the report, from the resolution with which
Ut concluded, that the Committee felt themselves
obliged 20 recommend ina; the House adhere to lis dis
agreement. II ,hS consistent with what had fallen
from The honorable gentleman 10 day the latter surely
cannot be IN Argument intended 10 induce the House
10 Fecede from its Disagreement As he concluded the
self same things could hardly be intended 10 persuade
the House both adhere and recede. One word to the
gentleman from Tennessee
There MIR. WEBSTER inerpoSed, and begged before
the gentleman should leave him, 10 bring the point lit
tie nearer To the gcntlemau's recollection That pont
was for tue sene'nan to designate wherein he had on
the floor conlradcted The positions taken in the report
The gentleman would take notice that he had not said
the House ought 10 rccedc he had not persuaded them
to recedehe had said that he himself should vote
10 Fccede from the disagreement to the States amend
mcnt]
Mr.. WRIGur replied, that he had all along supposed
the gentleman had been pcrsuading the House to re
ccde whilst his report proposed an adherence 10 its dis
agreement and as lie still! understood an argument TO
Icccde was not an argument TO adhere. lie did NOT
see how he could be more explicit. Mr.. w. here adj
dressed few words in reply TO Mr. Polk referring to
The report OF The Committee the Judiciary as virtu-
ally expressing the opinion c hc had said no ,eene
man would so far hazard bis legal reputation as TO main.
tain.
MIR MANG"T asked if a vote TO recede from its dis
SeHatcs amendment
The hair replied that il would be-
Mr. Cooh demanded trat iho question on indefinite
po'iponement should be taken by yeas and nays; Which
ordered BY tbe House.
Mr.. WEBSTER then inquired if the House should re-
fuse TO postpone thc bill indefinitely whether il wold
be in order 10 amend the Senates amendment and send
il back to the Senate
The Chair replied that tworH
TI,c - 1870 IL