The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-05-12

MT. ADAMS tnertupOu HuScd = su1tUh~aon VI
the rule; on which motion the yeas having been an
nounced g.
Mr. HABERsHAM said that, as it appeared To
he the sense of the House that the bill should be TIA
ken up, he would withdraw his objection.
And thereupon the House again resolved itself in
10 Committee of the Whole the state Of the Union
(Mr Bell of Tennessee ia the Chair the bill ITO
ensure the faithful execution Of the laws rela
ting TO the collection of duties imports"
When the committee rose last evening, the pend
ing question the motion of Mr. CURTIS To
amend the 9Th section thereof by striking out the
words which italicized below.
ESQ 8. And be IL further enacted, That in all
cases when commission shall be sued out the part
of any claimant to goods seized by any officer Of the
revenue TO take the testimony Of witnesses living in
foreign country, il shall be lawful for the District
Attorney of the United States when such proceed
ings are had in behalf OF the United States To no.
inmate commissioner To execute said commission
irhouf being compelled 10 gire enter info any s
pation in reference to the costs thereof any rule or
order Of any COURT TO The contrary notwithstanding
And the question having been taken the amend
ment rejected.
On motion OF Mr. EVERETT, the same section
of the bill amended to insert in the latter
clause thereof the words italicized below.
And il, in the execution of such commission il
shall appear that any witnesses, called to testify be
fore such commissioners ON the part Of said claimant
or claimants on his examination under such commits
sion shall have refused Without just cause 10 produce
any books, accounts, paperwrtings called for on
the part Of the Uuted States the testimony of such
witness witnesses shall not be read on the trial of
the cause of such seizure"
A motion was also made by MIR. EVERETT 10
amend the said last mentioned clause of the Sth sec
ton by inserting after the words paper writings the
words following to wit
Which said witness, if present in court upon the
trial OF the cause, should be requested produce and
which shall be" sc.
Which proposed amendment, after some explana-
tory remarks from Messrs. Everett Adams Fillmore
Tilnghast, and Clifford, was rejected.
And the 9th section Of the bill having been read in
the words following, To wit
Sec, 9. And be IL further enacted, That when
ever suit shall be tried in any court in the United
States in which is involved any question of duties
mportations Of goods, wares merchandise no per-
son having an interest in such question shall be
petent witness such trial unless called to tes-
tiiy by the adverse party"
Which said section the Committee on Manufac-
had heretofore moved TO amend by striking out
all after the word enacted and inserting the follow
ing:
That whenever suit against any collector or
other officer of the customs for the seizure Of goods
wares, or merchandise unlawfully imported into the
United States forfeited for the unlawful entry Of
the same shall be tried in any court of the United
States, in which suit il involved any question of
duties on mportations of goods, wares merchan-
disc person having the interest with that of
the party to the suit in the question issue shall be
competent witness such trial, unless called to
testify by the adverse party"
Mr. ADAMS said that this section had been altered
proposed in the draught by the Collector
Customs of New York and tho District Attorney there
II limited the variation from the law Of evidence as
practsed by the courts very much beyond the propo
sition contained in the official bill This was one of
the features of the bill to which the gentleman from
South Carolina (Mr. Rhett) had taken exception the
other day; and it was also one to which he Mr.. A }
had anticipated there might be much objection mas
much it had tendency to limit the competency
of witnesses on the part Of the parties charged He
would ask in the first place that the explanations Of
the collector in relation to this section might be read
And the explanations having been read by Mr..
Briggs
very heavy debate followed, involving abstruse
dispositions upon the law of evidence and long and
elaborate references to distinguished legal authorities
of all which, fthe Reporter were to attempt sketch
without the aid Of some eminent lawyer, he would be
led into the publication of absurdties and bunders
the like to which have been known since the
foundation Of the world.
- The debate participated in by Messrs Adams
Hoffman, Petrikin, Rhett, Briggs, Tilinghast, Bar
nard Adams, Lincoln Sergeant Vanderpoel Mon
roe, Underwood, Curtis, Adams Hoffman and Craig
When the question being striking out the sec
ton under debate in the original bill except the first
line, and inserting the amendment il was carried
Mr. RHETT then moved to strike out the entire
section as amended.
And the question being put, the ayes 40, the
noes &c.
No quorum having voted, motion was made that
the committee rise-on which the ayes were 81, the
49,
There still being no quorum
The Committee rose and reported that fact TO the
House, which thereupon, at about six o'clock, ad-
journed.