Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-05-19
Houz OF REPRESENTATIVES,, May 70.


Hous OF REPRESENTATIVES,, MAY II.
Mr.. WIS FER, from the Committee on the
Judiciary, made the following Report
The Committee on the Judiciary, 10 whom was
referred he message from the Senate, de-
clning ,e conference which has been asked
bv the Huse on the sub ject of the disagree
ing votesfthe two Houses, on the amend
ment proosed by the Senate to the bill 10
amend IL Judicial system OF the United
States, ha, had the same under consideration,
and now sport:
The committee cannot but think it matter Of
deep regret, hat a measure, acknowledged to
BIZ Of great pblic importance, should be lost by
any final disagreement OF the two Houses, on
its neutrality-suspicious.; and they esteem II
Just ground satisfaction, that the House, on
his occasionhas not failed TO apply itself to
every neasut which principle or usage sane
tons. in ordc, 10 bring about an ultimate con-
currepce in Onion between itself and the Sen
ate. The circumstances Of the case may re-
quire brief uarration Of the progress OF the
BILL and Of tn, amendment, and short view oil
tie points of difference existing between the
two Houses.
The House passed the bill on the 26th OF
January, and ent it 10 the Senate. On the
5th of April, was informed that the Senate
had passed it nth an amendment The House,
on the 2sth dal Of April, disagreed to this a
mendment: AMI on the third day Of May, the
Senate adhereGto its amendment, without hav-
ing asked any conference on the subject. On
the 5,h day of May, the House itself asked a
conference with the Senate, on the subject OF
the disagreeing votes; and this conference the
Senate has now declined. 1t cannot be denied,
that The Senate has right 20 refuse such con-
ference; but the Committee think II equally
clear, that such is not the usual and ordinary
~-e,, 'oornInltlee DO not learn, that any In
stance has before occurred in the history of the
government in which a conference, requested
,, one House, has been declined by the other
This IS o.,,ii2 eva, by them, TO be The first exam
ME of such 1.fusaI; and although the commit
tee would not RECOMMEND. that The public inter-
rs, should be postponed, to any consideration
of matters Of form or ceremony in the i@.@r-
course of the two Houses of Congress, yet they
do not think that the practice Of free confer
ence, on occasions of difference, or other pro
per occasions, is mere matter of form. They
regard such conferences, on the contrary, as the
established and long approved mode ofconduct-
ing the mutual intercourse Of the two Houses;
they are impressed with the belief, that it might
lead to announcement and unforeseen consequent
ces, either to depart from the practice altoge-
Their, or to abridge il or to refuse it in cases in
which it has heretofore been ordinarily resort
ed TO.
Although it is still in the power Of the House
to agree 10 the amendments OF the Senate, yet
the Committee are OF opinion, that II there be
substantial objections to those amendments,
the House ought MOTTO assent to them merely
because the other House has not only adhered
to its amendments without having asked the
usual conference, but has also declined the con-
ference, when asked by the House of Represen-
tatives. |. ought not to be, and cannot be, the
effect of such proceeding, TO place the respon-
sibllity of losing the measure on the House.
! hat responsibility, III the opinion of the Com
miltee, necessarily attaches itself wherever
there has been departure from those accus-
toned ard approved modes of proceeding,
which have been established for the purpose Of
bringing tie Houses 10 concurrence in cases
OF disagredng votes.
And the Committee think that there are SUBJ
stsn,iai objections 10 the amendments proposed
by the Senae; and, in order TO present the ques-
lions fully b the House, they deem it necessa-
ry to state, shortly, what the original bill was,
and what ae the amendments proposed.
The original bill, as itpassed this House, con-
sisted of thee sections
BY the Fist, it was declared, that three addi-
tional Associate Justices ofthe Supreme Court
should be appointed, ,ciM like po,cers and duties
as The other associate Justices o. that Court.
The second section provided, that the seventh
Judicial Circuit should hereafter consist Of the
Districts Of Ohio, Indiana, and Illinois; that
Kentucky and Missouri should form an eighth
Gree dit; Tennessee and Alabama ninth; and
Louisiana and Mississippi tenth; and the same
section then proceeded to declare, that the
Judge now allotted TO the seventh Circuit, lnow
composed Of Kentucky, Tennessee, and Ohio,)
should, until the next term Of the Supreme
Court, and until new allotment should be
made, be assigned to the eighth Circuit, TO be
composed of Kentucky and Missouri,) and that