Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-07-12


he could moi object 10 the investigation III the manner
suggested.
the following named biis were read '"'fa ''"e a'o
passed, viz: ,:,,,
The hill further supplementary to an act, entitled
can act to estaLl s tie judicial courts OF The u D,
passed the 9th of September, lIo9 me OH 70 pro.
vide for the reports of the decisions OF The supreme
Court OF the U. s. the b 10 an'eio an az ND
IAN act for the relief Of Chauncey Calhoun, passed
March 3 1879 the bill 10 annex part OF The town OF
Tvsrton IN The State of Rhode Island, to the coec'
lion district Of Fall river, IN me STATE OF Hassacnu
sets: and bills for the relief Of Phydel'a stevens Eli
sha Burnett William Polk, nos bto%neii Hi'Iaoe,
Rockford G Matthews, Sarah Decker, Ellen lurney'
Uuldo F,rlou Clarissa Turney, Esther Parrot, Ia
mel G. Skinner, and J. h !ent.
On Ino,;on of Nlr BAYARD, the Senate took up the
bill to provide for the erection o hosP''al ~ .e
or WASHINGTON. He stated that the Committee on The
District az Columbia proposed certain amendments 10
h mn. ono ne which provided that instead OF erecting
costly building certain alterations shonid oe ihaue ~
the old ail and the grounds connected WIN H. lte
eypenses attending those improvements would not Oe
more Tia, Ten thousand dollars instead oftweniy thou
sand dollars for The erection ola new buildings as con-
templatcd by the original proposition
Mr. WRIGHT, although his sympaih'es were with
the unfortunate class Of individuals designed 10 be De-
neilted, could not vote Tor 'he o..', ~ =, "
did TO be the germ Of great national establishment
MIR BAYARD said that Congress made annual ap,
nronratons for sending insane persons 10 the Maryland
hosptal: but they could be supported at much less
expense in the establishment proposed TO be created
than was paid for Their supper. IN nal'','1'e.
Mr. TApPAN observed that II had been happily
asce1tained that insane persons, By means oil bodily
exercise free air and proper attention, might be reco
yered bu, ever tegained his senses ny oeihg
shut up prison.
MIR. BAYARD remarked that The amendment OF The
committee would accomplish the very thing which the
iesr Her those unfortunate
duals had been confined in the public jail but now 1t
was intended To change the appearance oil that building
altogether; and by fencing IN portion OF The square on
which the new jail is erected, and planting trees and
shrubbery, make the proposed institution very pea
SAINT summer retreat.
Mr. CALHOUN concurred in the views expressed
by the Senator from New York (Mr. Wright lie
saw in this movement the beginning OF new instu.
ton and exercise of power not belonging 10 ts
Government.
The bill then ordered 10 be cnSrosseo Tor lilro
reading
The bill from the House, Incorporating the "Nation
al Institution fer the Promotion of Science was taken
ur, as in committee of The whole. An amendment, TO
prevent the institution from issuing bank notes, Nc,
and an amendment, substituting the word 'inss;tulc
far snstitution were adopted The bill was then re-
ported 10 The Senate
Mr.. SEWER moved to strike out the word 'na.
tional" for he necessity for retaining the word
"naiional, if the institution was intended to be To-
cal one.
MIR. BAYARD said the institution only intend
cd 10 be national in NAME and not in jurisdiction. II
was only intended TO operate in the District oil Column
ba.
MIR. BAGBY said, in relation to the name, as the
honorable Senator had stated the parent most certainly
had the right to give ii whatever name he might think
proper but call il by whatever they pleased lie
commended that they had constitutional power TO in
corporate an institution Of this kind. But admitting
the power if they went erecting competitions IN TINS
&,
way, they would ccme at last 10 have corporations ior
every thing but he denied that there was any consi
,u,iona power vested in Congress TO create corpora
tion OF national character.
Mr. CALHOUN concurred with the Senator from
Alabama that Congress had not the power TO create
such corporation. it was not intended 10 be cor
pora,ion for the District he undersood but for the
nation and lie would be glad if the Chairman of the
Committee, which had reported this bill, would ex'
plan BY hat authority it that Congress was JUS
titled in creating national institute.
Mr.. BAYARD replied that, although The institute
bore national name, it was intended TO operate only
IN the District of Columbia. The name was mere
matter Of taste and fancy, the object of the corporation
was to enable the members Of the institute 10 preserve
and protect the property nrusied to their care more
cite c,ualy than they otherwise could do. he believed
the power of Congress was unquesonabie; and as to
The institute bearing a national name, it thing in
ordinary use in respect other bodies corporate and,
IN fact in this it peculiarly appropriate be-
cause Though operating in this District aone the object
ofihe institute was matter Of national importance.
The bill was then ordered TO be engrossed for third
reading.
On motion of Mr. BERRlEN, the Senate resumed
the consider OF the bill providing further remedial
Justice in the district courts Of the U. S.
The question pending from Friday on Mr.. Pres.
tons amendment; but, before j, was called for
Mr.. BERRiEN observed that lie was DESTROYS OF
making a verbal amendment 10 the fourth line; 1t was
after lie words Omitted States 10 insert the words
sin which prisoner confined.
This amendment adopted.
The question then REQUIRED on Mr. Pfestons amend
mcnt, which was TO strike out from the bill alter lie
words haJeaS Corpus, the following:
ain ell caScs OF prisoner or prisoners IN jail or confinement
he she they shall be committed conncd or in Gus
tody authority law, or process founded there
u. Of them, for or On account o my
DONE omitted to be done under or by virtue Of The cons
tuition any law treaty Of the L. s. or under color thereof o
Of any done omitted under alleged
right authority, title privilege projections or exemptions sci ny
Mr. PRESTON observed ihat it not his purpose
10 debate the matter; but it seemed TO him that the
strongest objection 10 the bill was based on lis enden-
cy 10 trench upon the rights OF the States was sup
posed that thing necessary 10 be done to
lieve the General Government from em6arrassmenis
such as that of The Caroline case, Believing, however
that these matters ought to proceed with great tender
ness il seemed TO him that no more ought TO be done
than barely 10 meet difficulties singy as they OCCUR
The judiciary act of l7o7 very carefully devised
This bill is intended TO amend that act in two parcu-
lars proposes TO add TO the enumerated cases others
by which The district courts shall have original ursdc
ton, and further extension of the appellate jurisdiction
His object to condne the present bill TO cases
exactly similar the Nc leod case-and he would not
proceed beyond the presence of pressing evil ],
was with tina, view he proposed 10 strike out all those
specified in the portion o. the bill he had moved
10 strike out but leaving that par. providing Tor the
case OF foreign citizen imprisoned in any of the
States and pleading to act under the authority sane
ton Of foreign sovereignty. He also explained his
reasons for having given notice move 10 strike out
tie words claw of nations wherever they occur in the
bill for, by their introduction, it would seem as it
greater latitude gwen than Tie construction OF The
statutes cf the United States would authorize.
Mr.. BERRlEN aware that the question imme-
dialely before the Senate that OF the adoption OF
The amendment proposed by the Senator from South
Carolina. But it was not possible 10 speak upon that
without going into The general subject. The bill pro-
poses to extend the right of habeas corpus in the Sc
vera cases therein stated which he enumerated The
objection is, that the bill violates the sovereign rights
Of the States, because it whdraws from their courts
eases pendirr in Them But he had shown that these