Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-27

u en'y-three, entitled" an act to regulate the
.o"'i.'cia' intercourse between the United States
on. certain British ports;' the act passed on the
nheentii day Of May, eighteen hund, ed and TWEEN
y -, e"."'eu " fsn act supplementary to act, en-
'ieu AN act concerning navgaiion,o and the
ae'' emitted " An act concerning navigation. -
iassed on The eighteenth of April, eighteen hun
uied and eighteen. shall be, ad are hereby deciar
Ell, severa!iy to be repealed.
-1"a Pfor,ded further, That If. on or before
me sad thirteenth day of September next the
treSident OF the United States shall receive salts
factory evidence tina, the Colonies and possession.
aforesaid are open 10 The admission of vessels of
''e Siaies, coming from the said u. S. that lei her
such vessels their cargoes are subjected 10 any
o'her or higher duties or charges, than are levied
vi eNac'ed on 5rilish vessels aud their careoes
arriving from the Uniied States, in thu. said colo
| mes and Possessions; and that the vessels of the
| Onhed States may imporr into said colonies and
pc sessions from the u. s. any article or articles
whcha Br. vessel could, by law, import from the
-. . INTO the said colonies possessions, it shall
y may be lawful for the President Of u g TO issue
h'- proclamation declaring that the ports Of the u
are open 10 vessels oil the u. s. and to b. yes
sells coming directly ffon sail colonies and posses
SION, ana al-o TO vessels Of other nations coming
thereron which, by treaty. or according 10 The
Navigation Act at The United States may be
entitled TO bring merchandise from said Colonies
and Possessions into the United States, on the
same terms vessels of the u. s.; and that British
I
the Colonies or possessions aforesaid, hall not,
ai'er The date OF the proclamation last men one,l
be subjected, either their tonnage or their car
/ goes, In any O her or higher duies or charges of
any KIND, than are levied vessels of The u
States and their cargoes of similar merchandise
! imported iom the same Colonies and poss essions
And II ON AMI alter the date Of such prosl ,ma,ion
The hrst aud second sections OF this act shall be
suspendsd.'
his Sili was twice read, and committed 10 The
Committee of the Whole the state of the Union
UNITED STA rES' JUDICIARY.
MIR. Wickiitfe asked leave to bring in n bin to
regulate the proceedings of the Supreme Court Of
The u. S.
Mr.. WickiiiTe said tia, be fell it bis duty to ex-
plain TO tie House The object he had in asking for
leave to introduce The bill designa e., i,r the no ice
which he had given last Saturday He wcSl-ii
distinctly that his osci require by les sia-
tive enactmen- that the Judge of the Supreme
Court, In all causes decided by that Court in hch
was drawn IN question the validity of any law of
State should deliver their opinions seria.i1n and
20 require the conJont opinion OF at least 8 out If
the Judges TO invalIjste law OF any Slae This
duty Is more imrerously reqaifed at the hands OF
one OF The Representatives oil lie State of Zen
'uckr, from the circumstance that the legislature
OF that ate during he fist session OF the 1871.
Congress, in the exercise OF these high mower
winch belong TO every state, had presented 4 me
mHral TO Congress, in which memorial the Legis-
lafurc had pointed 10 the dangerto hlch the ii.ls
and powers oi that So ereignty exposed by
The all 'easulphns poison OF The Federal Judiciary
AT tia: or The succeeding session. time wa- MOI |
allowed 10 mature any law up the subject The !
w estern States were amused for time, NJ the las,
session oil Congress, with the ope ,ha. he number
OF judges OF the Supreme Com, GU be increas-
ed. and greater security woud thereby be given 10
STATE sovereignty. This measure had filled, and he
did nor now hope 10 see the bill reported at this
session pass both Houses ot Congress al The pres
ent session. Under all these considerations raid
Mr. ". and discovering movement from the
judiciary Committee which dence d.sposjt O.,
favorable % the object which, propose to accom-
piisb by the BILL must soci, of the members OF
tiis House he favor OF allowing TO present in
the shape OF bill, tina, which would NEE, the
wishes OF my > ale, whose rights have been 20
deeply affected by the opinion OF of the Jud es OF
! The sup eme Court, IL The of Green & B,d,Ile
Laws OF long Standing, and Of vital imp rance 20
her ciiizehs, have thus teen nvalidaed. The Stats
was not, a;id ought not 10 be satisfied with that de-
cison. The right 10 protect her citizens whose
land may be taken 10y adj, claim, and 10 Sc
cure them the value oil their improvements, by the
decision oil the Court before alluded to- is denied to
the State Legislature. Bat, sir, the measure pro-
posed j. not intended TO benefit Kentucky Her
fate upon that question, fear, is sealed by the de-
! ci'o alluded 20. IL isto prevent tie Xix i,juries
III iaure, 10 the STATES of this Union, that pro
pose 10 place around Their erelgmty all the guards
which COagfcsr can dp by l.sisia,inn Kentucky is
not the oiJ state which has been conn ell-1 to bow
her head at The foot OF lie National Jadiciayy-N
York. Pennsy lvania, Rev Hampshire, Marylard
I Virginia, Georgia, & OGio, have each 10 their turn
been stripped OF some o! The powe,s which they
Claimed 10 exercise as sovereign ates, AID each ia
their turn compldined but their sister States turned
to fbese camplains d-alenei ear. We, who re-
present States, and citizens oil States on this floor
should, BY proper legislation protect them ON he
probable effects OF THIS pow er, claimed by the Fed
eFal Judiciary, OF invaIIdaiing Sale Iays by The
casting vote OF one OF its Judges. IN D. ocess OF
tIhe, u wilI annihiiae the Sovereignty of States
and ouId upon lis ruins consolidation greatly o
be dep' eeated, however much politicians ma y
4 desire IT. Ny object IL not to weaken the exercise
oil julicial power by the Supreme Court. but TO
give II nj 1re coniii esce, by requiring more unanim-
ny OF opinion upon those great constitutional ques
J lions which II may be called upon TO decide; and
consequently secure to the States their consti,u-
u mai tights What Is, at this very moment, trans
| piDg 10 anoth'r part ofths Capito The validity
OF The N York i"soisent laws, which have been
enacted io' 90 years 10 that State which laws have
feeeved the highest aLcisi sanctions in he courts
OF the State, depends upon THE opinion of a single
Judge OF the Supreme Court--the Court, hereto
fore, being equally divided upon the q esIon. /. l.
safe thus to- play viib the solemn &C $ of the Lee
g'-latue OF State, therefore trust that gentle
men VIII unite with me in presenting the subject
Tor further consideration.
Mr.. Pc ell rose to ing ire IL this was not very
unusuI course OF proceeding? The ordinary mod,
adopted by gentlemen who wished 10 have 4 bii; Oh
any par ocular subject introduced into the House
was to cHer resolution proposing an inquiry on
the subject by some ole Of thu Committees OF the
. House; and he would suggest whether ii would
not oe better 10 let the matter take that course.