New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-24
Sp.ca. Couespondesce Of The Tnnune.
W..urS17,x Ureslav Iure a.


distinctly set down for Monday at tie earue-, re-
quest e the Chairman Of me COMMITTEE Of ~
nance, and they urged the pressing wants OF tie
Treasury a, reason for proceeding TO it' oonsd-
ration without delay. The Chairman Of tie ~
lance Committs having tngs been alluded Ia rose
aid assigned -uficien; for posiponing It a
iav Or tso. and assured the Senators that Monday
lad not been defniti-ey assigned fer the discus
ion Of ne r1csure: bat that be mad. az the sug-
-e,,ion If the Chaisnan OF the judiciary Com
riiree. welded precedence to the II lbess Corpus
bin. which he hoped would be taken up without
arher debate. The gentlemen frorl New Hanr-
shire and Penn.yl,ania renewed ;heir arguments
Ne gor Of immediate action upon the Revenue
Bill and took occas ION lecture friends OF the
-asure with some severity for their 'emirs neg
rect Of the interests Of me country. At this un-
lsual manifestation Of sympathy. On the part OF
tie Democracy, for the enibauassmcnt- OF tic
(;nyernmenf. Mr. CRIITENDES avowed his surprise
and admiration and in a vein OF inimiiabe humor
.nd .arcasn congratulated the Administration upon
~, newborn zeal which rad brought to it. sup
port, and TO the support Of the measure in que--
,ion. the powerful ADVOCACY Of the distinguished
senator's who are cmphatcally " FIRST Among heir
equals" He inquired OF the Senator from NV
Hampshire. iaasmuch : lac had assigned very
s,gnifcant yumor a. sufficient reason tor speedy
action upon this bill. whether another rumor TO
which he had rot adyeIted, had not u more pow
IL. agency in calling forth the sudden co-oPeraiion
Of his friend. in support of the Administration
Wa the President, Ccusci To be dsss0ircd, aud
we're the gentleman and his friends participate
~ the re-c0astractios OF II Or was II from
aig1-minded. ds.nterested patriotism alone, tass
their unexampied anxiety proceeded la This
manner ne entertained me audienc. at the expense
OF the compcsure of MIR. BUcHASAs aud Nh.
WOODBURY. for some twenty or thirty minutes, and
then the Senate proceeded to consider the Judicial
bin extending the jurisdiction OF the |. ). Courts
in certain cases and afI-r bret debate ad ouIned
The subject was resumed to-day, and air. VALE
EE Of Mrs. occupied the session with an elaborate,
ingenious, but altog ether untenable argument II
uis o,itions be maintained. they will involve
abandonment Of all proceedings on the part Of the
t. ). Courts except in case. OF appeal, and over
ride the Constitution. and the law of 80 Read
his speech, for it, sake nlonc but the expo
nent of the views of the party with which Nh.
Naikeracts.
That your readers may more readily understand
the nature Of this remedial measure, | will en-
dea,or to furnish brief ,ynopsi.'of it, It, object
Is to enable the Justices OF tine Supreme Court #
the United States, and the District Judges, by
means Of the writ of haJeas corps, TO have iuris-
s....., -, ,f~ itsr. 81
prisoner j. confined under any authority Or law Of
the United States of any one Of the States, Tor
a n act done OF omm.ttcd to be done by virtue Of
the Constitution. or of 4 treaty or law Of the Uni
ted States. The other is tlat of foreigner by
whom an act shall be done or 0miue! under the
authority of the law OF nations, the order, COM
mission OF sauction Of any foreign Prince or Stats
The law proposes to empower the Justice. and
judges thu. toa.sumc Jurisdiction Of commitments
made under the authority Of the United States or
of a State when the validity of the commitment Ia
based, or supposed to be based, upon the Con'ti-
tuition Or laws, or treaties Of the United States;
or in the case of a foreigner upon international
aw. The intention is TO coafcr upon the Court,
IF the United States the power to hear and deter
No.. whether such authority in law and in flc, do
exist in the tribunals. alluded to, and in conformity
with the decision Of The case, to discharge OF
mand the prisoner. Appropriate provisions are
made for the necessary notices and appeals from
the District Judge To the Circuit and Supreme
Coarts There j. uo attempt - conceal the fact
that the operation Of the law may. and in some
cases viii, ofcctually interfere with the crimina
process of State for offence, alleged 10 be com
United AGAINST It's laws; aHd the cases above speci
ted may suspend, temporarily or permanently,
the actiss OF the State tribunal, according to cir
cumsrauces. The kg5eas C0rpus, under the aw
Of 80 doe. not reach all the To which this OK
tend. it, remedial power.
IA the constitutional power OF Congress 20 pass
this law Is elmos; universally Conceded | real
ly at a loss to conjecture the ground, Of oppo,i
non to 1t assumed by tina .rnocracy in the Scnst.
take ID, it i no longer open question: whether
thc General Government shall. .lci.c all the /
power. OF a Government ucccs.ary - carry into
tai effect IT, laws and ordinances. \ Government
which may enact laws. without tine power to en-
force tAcm, must be worthless u the people, and /.
ga. its days assuredly numbered.
To Mr.. buchanan Wright, Walker. Benton |
&C. | would commend tho debate on the Judi. /,
c7 Act, in the Congress Of 80. and especially |
dirert their attention 10 remarks Of Mr.. Madison /
IF Va. sud Of Mr. Smith Of ;. c. 1t will be- seen /
that these gentlemen fully recognized til. cosstitu
'iono character and sxpcdiency OF law like that /
reported By the distinguished iutisi Mr. Berri"n /
ii Georgia II the, shall still be unconvinccj. /
admirable specie, which have recently been made /
10 the >snsic OF the United States in support OF
the bill; and "a Mr.. Buchanan cntcr,ains the most
friendly relations with hi. plain republican neigh