Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-22


means; interfere with the existing laws of the
states, aud ,hat the power Of regulating Federal
Judicial proceedings in the several States, was ri
ven 10 Congress by the Constitution. lie was fol-
lowed by MIR. Berricn, who in short speech, an
swered the objections which had been urged BY
MIR. Bell
The question being then taken on the PASSAGE of
the bi, it was decided in the affirmative, by the
following vote
YEAS-aIessrs. Bcnton, Berrien, Roulicnv.
Branch, Chambers, Eaton, Foot, Harrison, Hen
bricks, johnson, KY. Johnston, Lou. Kane, King,
M'Kinley, flame, Macon, Marks, Paris, Ridge
lly, Sanford, Silsbee, Smith, Md Van Buren,, Viii
liams, Woodbury-25.
NAYS-Mcssrs. Barton, Batcman, Bell, Chan
dlcr, Chase, Cobb, Dckerron, Ellis knight, Noble,
Robbins, Ruggles, Seymour, Smith, S. c. White,
Willey-16.
So the bill passed.
Tho bill TO regulate process in the States admit
ted into the Union since the year 1889, was read
second time.
Mr.. White offered amendment TO include al
80 States that may be hereafter admitted into the
Union.
Mr.. White Spoke at so,ne length upon this bill
AMI advocated its provisions best able to establish
satisfactory rules in the various States He cousi-
dered that an uniform system OF execution laws
ought never to exist in the different States; be-
cause what convenient and cxnedient in one
State would not be SO in another II was obligatorv
upon such OF the States to select such ri,lc az
should best apply to the situation and interests of
its citizens Therefore, he considered that the best
plan would be 20 adopt the rules of IN. spvoroI
states IN the Federal Courts in each, in contro-
versies in which individuals of different States were
concerned. His first impressions had been differ
emf; but the argument which had lately occup;ed
so much of the time OF the Senate, had changed
his opinion. IL was, he thought, unnecessary TO
spend time in discussing the abolition of ilnprison
ment for DELFT, when this bill would effect tina. OBJ
lect throughout the country. The State and the
Federal Courts would harmonic with each
other; lauch OF the confusion of conflicting Judi
Charles would be prevented and the inhabitants of
the several States would be comfortable under this
act.
Mr.. Van Buren, said that it was with reluctance
that he differed with his friend from Tennessee
especially on subject on which the experience of
mat gentleman was so much greater than hi, own
still more in relation TO a matterin which the new
States had not received their share of benefit II
was proposed by this bill TO place the States admit
ted INTO Union, since the year 1859, upon better
loo'Ing than the others. 1t was his opinion that
II could not be done in Justice; neither was II ms
sble to effect system such as the gentleman con-
teinpiated On former occasion he had obtain
cd the opinions Of gentlemen from all the States
IN the Union, and there were no two that agreed;
which would serve to shew the difficulty If not
inPossibility, of any such plan CONGRESS- could
not pass any such law without interforinp in some
way. Therefore, the law was formed so as to take
middle course. 1t was impossible to rive up all
.le power oil the Federal Courts without involving
he
limited TO the utmost; but il ought TO exist This
act II passed. would enjon upon the United States
10 conform to the laws of the Estates not opIv nc
uiey ~ere' but as they might prove to be. The
oJect oil the law OF 80 was 10 preserve the rights
OF persons coming into court-so far that act went
put 1t could not be eXpedent 20 submit thar the
Jaws which each State might pass from tj.ne IN
ume should govern the Feder;I Courts IfCon-
gross gave up the law of the United States.
70 tne diherent States, they ought to know
a.
ing so, subject the jurisprudence of the coun-
Try 10 everlasting change and uncertaiuty He
would suppose case. A suit might he pendinp
between an individual and the United States. and
curing inc tendency OF the cause, the State Lee
Ssiature might pass act interferin with ia de-
eision, and calculated to stop edngs until the
next Session OF Congress. Such iuterfences would
ovcrrun the rights of the Federal Courts He was
Ile last person who weuld give to the Federal
Judiciary, rights TO which it was not entitled He
was on the contrary, as much convinced as any
man, that more danger TO the powers of the States
had been exhibited in the +" SIGNS of the times. .
during the last six years, than ever before But
nc would sustain nothing that would go TO overturn
the legal and Legitimate power of the Government
winch ought to be guarded and preserved
On motion OF MIR. Harrison, it was ordered that.
day.
On motion ofMr. Smith of Md.
The Senate then adjourned.
HOUSE OF REPRESENTATIVES,.
he resolution laid on the table by MIR. Russell,
Yesterday, calling for copy Of the survey ola Ma
tonal Road from gainesville, through Ohio, Ken
tncky, and tennessee, to Alabama, was called I'm
read, and agree ed to. ~
Mr.. Mclean submitted the following resolu-
ton
l. .ResoiDed, That the Committee on Roads and Ca
nails be instructed TO inquire into the exnediencv
oil reporting bill to authorize the opening and
permanent location of the National Road from r.
lumbus, in the State of Ohio to IndiaDonoIis tho
the seat OF Government in the State of Indiana so
that said road shall be opened eighty feet wide. bv
cutting OIL the timber and removing all obstruc-
IONS theretrom, preparatory to turnpiking the
same And that said Committee inqrire in.o ex-
pedlency OF making an appropriation for that object,
ana authorlzing the President of the United
states TO cause the present Superintendent or If
necessary to appoint another, who shall proceed
without delay, and have the same performed as
soon practicable
This resolution was laid on the table:
Three engro5sed bills, viz:
l. o prevent defslcations on the part of tho
disburslng agents of the Government
z Making appropriations for the support of Co
yernment, for the year 1928;
.. Making appropriations for the payment of
Revolutionary and other Pensioners; we're seve-
rally read the thrd time, passed, and sent to the
Senate Tor their decision thereon
MARIGNY D'AUTERIVE
The House then passed TO the orders of the dav
and TOOK up the bill for the relief Of Marigny D.
Auf.iiye
Mr. Whitlesey, who had moved for the recon-
initneut oi u1is bill to the Committee of Claims
Nghlhed ms willingness, in compliance with the
request o! several gentlemen to Withdraw hia mn
non, and nc withdrew il accordingly.
Mr.. Gurlcy now renewed I'm the House. the
amendment which he had formerly offered in Com
Wuttec Of the Whole, (being the same in form ne
NAT offered, but afterwards Withdrawn by Mr.