Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-19
THE JUDICIARY BILL


MIR. Webster then moved 10 recommit the hill
with the report of the Committee to the Judiciary
COMMITTEE, ior the purpose OF bringing this sin
gle question 10 the view Of the House, viz: Wbe-
Their there is any thing in the amendment of the
Senate, which cannot be altered by subsequent Ie
gislation. Defective arrangement Of the Circuits
NAV DE cured by a subsequent, act: but, if the Sc
nate IS amendment enters into the appointment il
self, it cannot be remedied by any subsequent ls
gisla'ion. Feeling strong desire to save the bill
II possible, Mr.. w by instruction OF a majority of
the judiciary Committee, moved TO recommit the
bill, with instructions to inquire " whether there
be any thing in the proposed amendment of the
senate which' II The bill should pass, might not
be altered, If necessarily a subsequent act.''
MI WriS OF Ohio, opposed the recommit-
ment as unnecessary The Committee on the Ju-
dietary had long had the subject under considera-
ton and recently had made report which emhra--
ces every point presented by the Senate's amend
ments. lie saw necessity for reconmitting
the OIL TO inquire whether congress could alter or
modify law None needed time to answer that
question, &C. Mr. w. believed the recomm;,
ment 10 be wholly unnecessary.
Mr. Webster said it was not univ ersally true tina,
what one law enac,s another may repeal. If the
error concern Judicial appointment, il cannot be
Iemeded by subsegent enactment, because that
would be to change The tenure OF Office.
Mr. Wright rejoined that the mode of appoint-
ment and tenure OF Office being fixed by the Con-
s'i'ution, could not be altered either one wav O,
another, by any act of Congress
Tue question then on the motion for reco.r,s
miiment with amendments, and determined in The
negative, So TO So
MIR. Cook, of Illinois, then moved tina, the House
DO recede from Its disagreement 10 the Senate,s
amendment: and on this question, at the request OF
MT wright the yeas and nays were ordered on
the question
Mr.. Webster said he could have wished u a
House had consented to have the legal point exam
iheo, as he deemed 1t very material There were
gentlemen In the House, who had the fullest sense
OF the defects of the BILL and of the extraordinary
course pursue elsewhere in relation TO il and were
YET desirous The bill should pass with all its mper
Ieo''o"S, u durable by supplementary legislation
II was desirable certainly, that the new .Iudees
should have the same tenure and appointmer, 40 ,hs
present judges OF the Supreme Court. If, howev
en- eehuemen who opposed the motion for recon-
niI'nent, nal made up heir minds on this point ba
should be glad TO hear from them.
MY Cook modified his motion. Re had voted
"sa'hS. the recommitment with instructions, be-
e"use he u'u mol see the necessity of the inquiry
proposed He had objection however. IN =
general recommiiment, which would allow of III.
reconsideration of all the points embraced bv lbs
amendments. He therefore moved 10 recommit the
bill. 'ie
This motion was not in order, such motion NOT
Deing allowed, by the Rules,-to be made second
time on The same day.
On motion of Mr. Bartlett the hill ,vas .ho
dered TO lie on the table ayes SO. noes Ga
Mr. Brent made subsequent marion hr, -,
successfully, to reconsider his vote The bill lies
on the table, subject to be called up at anv time
majority OF the House so pleases
MI Strong moved to take up the bill from tho
senate TO extend the time for locating VIRGINIA
Military Land Warrants. The motion prevailed
raaA
ments proposed by the Committee on Public I,,rIs
MT campbell offered several farther amend
ments, on which desultory debate took Mace h.
tween Messrs. Campbell, Mccoy, Strong. and
beecher, when the amendments were agreed IN
and the bill was ordered to third reading
The bill g for the relief of the editors Of the New
DIRK Daily Advertiser and New York America ,,
(remi''ing the duty on the importation of rower-
printing press,) was opposed by MIR. FORSYTH. yvbo
moved Its indefinite postponement
he motion prevailed--ayes 81 noes as. and The
bill was indefinitely postponed
ME Newton moved 10 postpone all the orders of
inc DAY which precede the bill to proyid. for
improving certain harbors and the navigation of
certain MYERS and creeks, and making surveys or
certain bays, rivers, &C.
Inc motion prevailed ayes 73. noes A5
ana the House went into committee of the
Whoie' Mr. Bassett in the chair, on that bill
extensive amendments were proposed; and a de u
tory dsoate arose on the details, between Mes.
N ewton, Owen, Tomlinson, Wurts, and Reed y
Inc Dill was then ordered TO its third readiog To-
s"'4"S W.
REPAIR OF CUMBERLAND ROAD
MI Stewart moved to postpone the orders of tho
DAY preceding the bill SO for the preservation and
repair OF the Cumberland Road -
ne motion prevailed-syes 20, noes As
ANA the House accordingly went into committee
OF the whole, Mr.. Kellogg, of New York in The
Chair that bill. " ''''
On filling the blank for the salary of the Suner-
ih'endent, attempts were made TO fix il at 15OO
ana iZOO dollars, without effect and it was agreed
that his salary shall be $1,000 per annum. ysrious
'"ho' aihenumenis were moved, and agreed to:
,Ii,' WI Williams OF N G protesting himself
hos''ie to The whole project, moved to strike out
The section containing the appropriation.
MIR. Powell opposed this motion, and moved IN
all the blank In that section with $50, 900
MI ance oil Ohio, mov ed 10 fill it with S25 600.
wheTeupon, Mr.. Powell Withdrew his motion for
5O,OOO dollars, but that motion was renewed bv
Mr.. Beecher of Ohio, who supported his roo,;on 4,
by speech. After much desultory discussion
between Messrs. Worthington, Dorsey, and Bar,
hey, Mr.. Lawrence OF Penn. moved TO Eli the
blank with 279 900 dollars.
MIR. johnson, of Va. moved 1867 .0sn dolI.rs
Inc question being put successfully on the two
highest sums, beginning with The largest it was de-
cided IN The negative by large majority.
ne deb'te was nov renewed by Messrs Henri.
Oh Kentucky, Livingston, of Louisiana. and
homps N, OF Penn. The question beinp ner, An
the sum of $4,000 dollars
Mr.. Webster advocated that sum in a short
speech, and II was further supported by Mr.. Law
rence OF Penn.
Mr. Vance insisted on the sufficiency of 81. 600
1oIeTs, Tor present appropriations
he,