Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-06
BILL concerning the Supreme Court oil the
United States,

now Is, or hereafter may be, brought before the
Supreme Court Of the United States, by writ Of
error otherwise, to the final judgment or de-
cree, in any suit in tho highest court of law, or
equity, in any State, in which shall be drawn in
question the validity OF any part Of the Constitu
ton of State. of any part of an act, passed by
the Legislature OF State, unless five justices at
least, OF the said Supreme Court, shalt concur in
deciding such part Of said Constitution, or Legis-
lative act, to be invalid, the same shall not be
deemed holden to be inv ald but shall be deem
ed and holden to he in full force and effect, the
concurrence OF any lesser number of the said
justices, III an opinion TO the contrary notSith-
| standing.
The bill was twice read, and the further con-
| sideration thereof was postponed until the Sd
Monday of the present month.
Mr.. Wickliffe moved that 5000 copies of the
| report that accompanied this bill be printed
MIR. Storrs said. he was inclined to doubt the
necessity or pTopriety Of printing any number Of
extra copies OF the report. II involved some ques-
tons that would certainly deserve the serious at
| tention OF the House, when the bill should come
up. A majority OF the Judiciary Committee only
nave agreed to the bill, and the report might prob
ably be considered as containing the strength of
the argument III favor Of il. The views o. the
minority were not before the House, and ON a
question involving the organic action Of co-ordi-
nate Department OF the Government, it desi-
rable that public opinion should not be rashly or
prematurely committed. The bill was not assign
ed for distant day-and it seemed to him. that so
far as public opinion was to be consulted now or
hereafter, on such question, the House should
rather refrain from any course which only furnish
ed one side Of the question He hoped the gentle
man from Kentucky mir. Wickliiiel would not
press his motion.
Mr. "ickliffe observed, in reply. that, if there
was any thing in the argument Of the gentleman
from New York, ii went to forbid printing the re-
port at ALL because 1t would certainly find its way
to the public thro' tho newspapers but as the bill
contained provision, which, if adopted, would al
feet, in very important manner, the operation of
ehxy bay
bearing on the Interests of many of the citizens Of
the United States, he considered il very desirable
that that class OF persons who not in the hab-
1t OF paying any very serious attention 10 mere
matters OF newspaper discussion should be furnish.
ed with an opportunity of hearing and considering
| the reasons which had induced a majority of the
Judiciary Committee OF this House to propose
ehange IN this part OF the action of the Supreme
Court tie could not, therefore, Withdraw the mo-
ton; but, on the contrary hoped that it would pre-
! vail.
The report having been read at length at the
clerks table, Mr. Taylor, OF n. Y. observed that
when reports OF Committees were ordered TO be
printed, the object usually in view was simply 10
prepare the members Of the House to act upon the
subjects to which they referred The ONLY ex-
eePuoh winch rendered the printing proper Of a
larger number OF copies than was requisite for
TINS obJect,had respect to reports containing mass
| OF details or important statements of fact which
were OF general interest, and were of kind which
made Il desirable that they should be presented
io Tue annual stated report from
| the Treasury, containing an erpose OF our 6nan-
ces; the message Of the President of the u S. TO
both Houses OF Congress, giving a general view
OF the relations OF the country. However able
tue present report might be- the correctness of its
views was not so universally admitted as to induce
every member OF the House TO desire to present
| those views to his constituents He admitted that
they were striking, but they were far from being
new, and some even OF those members who coin
! cided in the proprety of the measure proposed
might possibly think that the report did not pre-.
sent the most conclusive of the arguments in its
behalf BE this as it might, gentlemen might as
y, wen move 70 print selection of the speeches
their side Of this question, taken from the Regis
ter OF our Debates. Let the report be fully exam
med and discussed, and if the House, after such
should, upon the whole, feel disposed to
make the suggested change, and the honorable
gentleman from Kentucky should then conceive il
! necessary injusttcation of the change adopted to
print this report he for would have no obec-
tion TO III but he thought that the practice of print.
nE 'ie arguments on one side Of the question,
whenever an important bill was introduced into the
House, was one thatought to be discouraged rath-
er than extended; he therefore be opposed TO
the motion. Mr.. T. then asked for division of
sie question; which %9s agreed TO. And il being
first put on printing the ordinary number OF copies
oil the report, ii passed mem. con.
Inc question then recurring of printing an ex.
ira number OF 5000 copies, Mr. Weems strenu-
ously advocated the propriety of the measure. and
concluded his observations by moving TO double
the number, and print 5000 copies.
MIR. Bates, OF Massachusetts,, was opposed TO
printing any copies OF this report for public distr
button, unless the bill which accompaned il should
pass the House, in which case it might be proper
by way OF explanation. But, if the bill should not
pass, the public circulation of such a report was
calculated only TO spread discomfort in the public
mind, and shake the confidence OF the People in
their Judiciary. "
Mr. Barbour said, that il had no, been hi. inten
lion 10 trouble the House with one word on this
occasion, nor should he have done so, but for re-
marks thrown out on side and Oh the other of
tue mouse, winch demanded d reply. He had
purpo'ely forborne, lest the House might possibly
suppose that he was actuated by some person de-
sire to give publicity to this report, which howe
yer, attempted to present more than an outline
oil the arguments in favor of the bill; but when he
was told upon his right hand, that the report was
calculated to shake the confidence OF the People
and on Inc ieit hand, that it ought not to be cir
cuiated, until the measure il advocated had been
hnaily adopted lie was constrained 10 say that the
gentleman had taken ground which was not tena-
Die. When he consented, in Committee TO the A.
uopuon of tins report, he was actuated by no de-
sire 10 shnks the confidence of the People in their
judiciary, but on the contrary, as member of that
committee, and as a member Of the community at
large, he had been anxious to produce in the minds
oil the People IAN increased degree of contentment
and OF confidence in the decisions of that dread
tribunal, which pronounced upon their interests in
the last resort. What (cried Mr.. By shall il he
SAID that we are attempting to shake the confidence
oil the People in their Judiciary because we seek
Here Mr.. Bates nerposed and explained He
was lar from saying that such the Intention of
the gentleman or the committee. He had only X
pressed an apprehension that such would be the re-
suit, u the report were circulated anG the bill not
passed.
Mr.. Barbour resumed. If the report goes forth
10 the people, II will he received by them for lust