Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-17

L,unl did not wash Ge:.ve any crci't 10 hihise io'
us,ifytur Tie comGuc o lbs honorable coiicasue-h
would ma, he Justly his due, for he could 40, CONSIDER
:, r.ry ,;,h ,,rrr 10 applaud where lie certainly had
no reason t. contrnu a similar letter fror the same
gentleman had formerly been published, having oeeh
taken from the flies the War Office for that purpose
The publication OF tlnt letter ne MI L'hH) very huc"
ooproyed and he had quite as little reason 10 dissppoye
ne tho ,nblIca,ion of the present. He knew nothing
about the rules which govern IN" departments IN TINS
matter hut lie thought that at least upon The occur
renee Of an anomalous case Like this 1t would be proper
10 take nm The inquiry But il would be still better, he
was luy convinced 10 remove The injunction oil Sc
crecy a. rr,rds the Executive sessions OF the Senate
II ,h,s were done the Executive officer of this Govern
me n, would lie exceedingly carctui as 10 inc RECON-
mends,ions which lie offered. Persons who had made
Themselves useful in aiding an executive oicer IN ac'
onr,pp power came here for the reward ol their ser
r;cas THIS rs not Il, all extraordinary It would be so
unJcr MI administrations. But men were ever most
forward 10 assert their claims, and By means Of the
white. Washing to which the injunction OF secrecy nj
ords so great facilities, they very frequently succeed
in ATTAINING lleir object. lie (Alr. LINN would be
Glad Ia soc that Injunction taken off, he had
NJ rewarded himself and II was with reluctance that he
became The depository OF The secrets Ut any one or Of
any par,y he Eel, inclined to look upon them with
distrust Let the in Junction OF secrecy be taken oil,
and tho course of all parties would be clearly defined
,ho, each would know precisely what was correct and
what was not He (Mr. Linn would not have consl-
dered il necessary to nuke any observations upon this
subject were no, that he was unwilling that should
po to his constituents that he condemned the conduct
Of mis- honorable colleague, when it not the
He had done no such thing. When difference did
occur it ever should it would then be time enough
10 assert that difference. The subj ec would probably
come up in another place, and he (Nr. Linn) would
then give his opinion upon IT. as fully as the question
demanded.
Mr.. PRESTON made some remarks, touching the
curse of the departments with reference TO matters on
file &c He wished some rule would be adopted,
defining what should be held as confidential. The re-
solution before the Senate could effect that object
He did not think any good could result from its adop-
ton and hoped the Senator would not press itespe
Gully he had placed in uxaposl,ion with the charge
If violation of confidence, the fact, that If there was
any quilt at ALL The from which the charge
uaiet equally gu'lty-that the Senator had had
access TO- and had made OF, the same letters upon
which the charge was founded.
MIR. MERRlCk then obtained the floor, and made a
few more remarks; but before concluding, the morning
hour had expired. The subject vas then passed over
informally.
Mr. SEWER presented the petition of William
Strong otArkansas, praying Indemnity Tor losses sus-
tanned in constructing entertainments on the United
States road leading from Memphis, Tennessee, 10 Lit
tie Rock Arkansas; which referred to the Commit
tee on Claims.
On motion Of MIR SEWER,
Resofred, Tha, the Committee on Indian Affairs he
instructed inquire into the expedency of paying to
U -
controlling and issuing rations 10 the Usage Indians in
the wears 1885 and 1889
Mr. SEWER from The Committee on Pensions, re-
ported b,ll for the relief of Waream kngsy; which
was read, and ordered to second reading
Mr. LINN gave notice that lie would, OH tomorrow
morning. during the morning hour, ask the Senate to
take up for consideration the bill to indemnify Major
General Andrew Jackson for the thousand dollar
fine, ard the adverse report Of the judiciary Commit
Ice the same.
r.. al
lief of Daniel b. Bush; which read twice, and re.
isfred 10 the Committee the Public Lands.
The Senate then proceeded TO The consideration Of
The special order of The day, being the bill 10 provide
farther remedial justice in the district courts Of the
L. ).
Mr.. CHoATE agreed with the Senator from Geor.
ria (Nr. Berrien) and the Senator from Pennsylva-
MIA, (Alr Buchanan,) in regarding this n very i'm
pertain, bill. II was undoubtedly of paramount import
exercise the constitutional jurisdiction OF the
national tribunal TO sufficient extent TO effect OF
the great objects of the Federal Government-whch
IS 10 take charge o. adjust, and CONTROL the foreign
laons Of the country He had doubt that he should
Be able 10 SATISFY the Senate that the bill now under
consideration was only constitutional but indspen-
sable Before he advanced 10 the clause in the Const-
under which he considered the provisions o the
bill authorised lie begged leave to say that this power
is consequent upon the functions of Government, de-
pued by the Constitution itself in other respects, and
without which, the judicial power would he inefficient
in instances where most needed IN support of the har
monious action Of Government. This view lie Illus
trated by the analogous and undisputed power OF the
judicial department in relation TO civil cases between
The States and subjects OF foreign powers.
One great object Of establishing The judicial depart.
ment, aud making it coordinate branch of the CO.
vernmrnt was, that it might promote and maintain
peace between this confederation and the rest OF the
world. In referring 10 the Federalist authority
for his argument this head, he pronounced glow
inn eulog,um on the writer's OF that book. lie then
quoted largely from the book itself The tendency OF
the quotations To show that tie peace of the whole
Union ought not to he left condition to be leoparded
By fragmentary past; and hence the necessity OF
giving to the judicial department all control over both
criminal and civil causes between the States and TO.
reigners whose rights may depend on the law OF ma
;ions or their allegiance 10 their own Governments.
lie referred the debates in convention with regard
to the jurisdiction of the national tribunals, in which
i; vas lad down as general principle, that such ju.
rsdicton should extend 10 all involving the
tional peace and harmony lie commended from this,
that, in carrying out The princile in detail, the Ma
tional Legislature was bound 10 keep in view the ge:
neral obj Ct far the letter OF the Constitution did
rot prohibit expressly, and to embrace such
that of Mcleod, which mig h leopard the general peace.
He would now proceed 10 The question, whether this
power TO be found in the enumerated powers Of the
Constitution.
In the second section Of the third article Of the Con-
stitnion, among the enumerated powers given to the
judicial Department. is that extending lis jurisdiction
to =" conhortrSitS between two or more States, be-
tween Stale and citizens of another State between
citizens Of different States between citizens of the
State claiming lands under grants of different
States; and between State, the citizens thereof,
and yforsya Satcs, eHi:ens, Subjects. MIR. {.
here dwcit for considerable time the pon. that
controversies, in this clause applied equally TO crmi
nal civil He referred TO Luther Mar
Tin and Governor Randolph, we'll various other
authorities, TO show the synonymous use Of tie terms
ceases and "conroverses" The second paragraph OF
The section and article OF the CONSTITUTIONS just
quoted says elm all affecting ambassadors, other
public ministers and consus. and those in which State
shall be party, Tic Supreme Court shall have original
jnrisGicon. Here the word cases synonymous
with controsersies; for, undoubtedly, either would in
cude the class of which original ju.
risdIction is given He combaed tho nicely cidisnc
ton attempted by the advocates of State Rights, that
c0nTorcrSy could alone civil cases, and not
mral cases. because the latter, being essentially
elementary principle of sovereignty, the right
of revision OF judgment could not be yielded without
The SOVEREIGN than The