Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-23

,U'6 10 leave question of SO much ,n,on;,m,. -,
," se'Isd on that day. Ia moving the 23d, his OBJ
~. was 10 pursue direct and open course. aud
! ~ at once the sense of the House
mr. Wright acknowledged that the ,,,rro.. l.,
nad IN view, in the motion be had - 80 ,.. az
1e.e"' NE Dill lie preferred this course In TIA,
~ the gentleman from Kentucky (Nr
!e eher) and motion TO postpone to a Jav cor
! ba IHs precedence OF motion 10 recommit
He haa put his motion into that form. Ue Coz
CURED with the gentleman from North Cs,oI;ns =
approving and ia pursuing what he esteemed a si
rect course ea al
Ni'' MaDsum now asked whether he had COR
,ec'4y understood the Chair 10 say that the motto,
defeat the bill? e>'''s'.
90 so. ''' "'' necessarily,
MY, Wright said, that, if that was the cas-. he
'ou-U accept The amendment proposed by the gen
ue'nan rom n. Carolina, (NIr Mansu,n) as
inouthcalion Of his motion.
.., stevenson, OF Virginia, said, lie should
10y regret Ii tie bill should be lost by any cues
nOH OF mere form. He had voted for the bin ana
NC ola not hesitate now TO declare that h. shopId
ro'S 10 teeede from the Houses disagreement, 10
eHe amendment OF the Senate. He was no, wjlino
4o' Tue s'Ae OF small objection, to hazard a me-
sure o such .i,al importance; and be tbsraroo
suggested to the gentleman from kentucky 10
Withdraw has motion to re-commi, the hill sn,
su"sr The question to be taken at once ON rece6
ing, not ga
Mr. Letcher expressed his willingness to with
draw the motion Tor re- commitment; and eeneYa.
cry OF " today now" a1isng i, ,ha Io,,sa
he withdrew lis motion
consider the ILL., 40"
The motion prevailed
MIR. Wright owed that the House DO cdsey.
10 Us disagreement 10 the amendment of The Sc
nate. VAC &c
Mr. Stevenson rroyo,,L,,t,,
rs disagreement; and con;eu,ied that The latter mn
non mad precedence by the rules and Practice of The
House. "a 'i'e.
The Chair At first decided that the motion r.
recSde W." not privileged motion, but subsequent
iy determined that il " Guild be most convenisrt =,
give ihat motion tie precedence
MIR. Forsyth, asked if the House could recede y,
condition, and proposed an amendment 70 In.
amendment of tie Senate
The Chair decided that it could
MIR. Stevenson then rene,, ed The motion n ye-
cede and on his question. MIR. Polk, of Tenn. De
h''hLel ne yeas and nays, which were ordered bs-
lie House. ~
Mr.: Webster said it was important that cen,,e..
mex should know the eject Of their votes Asbs
",st'slo"0 IT. motion 10 rccede, if decided the
aiiTmailVe, was equivalent to an atoptiop of he
oeaaes amendment; but if such a motion ,ve,a
decided IN tie negative i! did not amount to re-
iec'ion OF the bill, uE!! subsequent vote was ia
Re" 10 adhere On lie point, how ia. the amend
Ineht OF Tie Senate contains snv thing which need
10 be amended and iii does, ho~ far the DIFF.
can lie reTnedled by subsequent legislation ne youls
S'e "!a' IVES ms own opinion, s. he beiiey ed ,hat
o. majority OF the Committee on the Judiciarr
TOW does the case stand: The bill as it wen, fr,
this House, says that the new ridges shall rece;,
t.ie:! appointment anu be Commissioned i, lii,
manner With TIE oiIer Judges oiihe Supreme ColiTt
ihe senate asneA'inen, says thai they shall reside
W''hln tie respective Circuits 10 WHICH IS they
al fsa arr t.t4ol ~,
consider that the Judges appointed" that j.
= commissioned" for rarliculsr Ci. cuii: but tbs
tact Is Otherwise the Judges are not appojntes
l. care not commissioned for any circuit tlIe;r
allotment 10 their circuits is a matter subsequent
aud snoorjna'e-it Is done by the President in he
ms INSTANCE, but this is only till the Judoe. o.
meet and aliot themselves. The question tbsn
arises, can Tie President, under this bill as amend
Ell, appoint the new Judges in like manner as rtj O.
Judges OF The Supreme Court are appcinted 80
commissioned: The answer 10 this question Do
Ponds on tie cons ruoion given to the amendment
N0"e o. the Other Judges are % apppointed' for
any particular ciscus, and, if appoint ed - il 10
be understood meaning the same thing as {. corn.
inis*!"ned, there IS an inccngruily between tho
bhi add the amendment. There is tut ore ,vav r {,
avoiding this thai is, to give to the am endn
such construction that the word appointed -
as therein used, shall be taken descriptive only
--as not designating the tenure hy which the ne,,r
Judges shall Hold their Office, but as merely a.
scrpiive OF the persons intended. This is not ooj
practicable, bat it is the HcceSsa1H consttuctio.
Tor IN no other way the new Judges be appoint
Ell - IN Ike manner other Judges OF The Suurer,a
Court are appointed and commissioned" MIR w
said, that his own opinion was, That by such 3,
construction, g. csc Judges may Re appointed yudo.A
OF the Supreme Court in like manner as the o,G,.-
judges are, under the amendments Of the Seat
ii shall tie adopted
Another question which arises is whether. TN
der ihe bill as amended, there can be any circu;.
e. all And this he considered a doubtGi cue
ten The bin since the Senate have stricken a..
pert OF ~, contains no I.oyision for The ailot
meat OF ihe Judges to their several circuits and
the only way by which they can ever get there i ia.
consider them as under tie provisions of The f,r
msr law Of 1902. ii, however, il should turn out
that the,s can be no circuits under the bil- a.
ameried, II viii be an evil which can lie remegiss
by sIltelnen, legislation.
A,r. Wright now asked for tie reading of tIe re-.
! porl oi tie Judiciary Committee, but The Hous.,
refused love o have IL now read.
N'r. Wright s1id, hc had hoped that the Toyse
would have consented to hear the report of The
committee, because lie consisted that rcport a. ~.
hcs' answer 10 lie argument which the gentIenan
from Massachusetts bad just advanced. II certain
~ spoke a language directly adverse TO that which
he now employed. TIE Committee on the lodi;
ciary, in that report, present the case and expre,s
/ ~ say that there no authority under lie Coast
tuition 90 appoint Judges for Circuits The who's
report rredica cd The fact, hat the amendment
oi ihe Senate does provide that Judges shall be an
I roin'ed FOR circuits. The gentleman had changed
I liis opilion why, Mr.. w. knew rot.
/ Mr.. Webster -aid hc lad changed no orjnio,
he hal dawn lie Committee rerori-he knew
\ 4