The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-16

Now. The object OF this amendment Is 10 extend the limits
prescribed BY the constitution. Of course is incompetent
Mr.. HALE. lin his ssat) am not quite 50 green
MI. PRATT. lam sure the senator is NO. quite 50
green" as that; and did not him OF IL by any
means Now, IL, under the constitution OF the United
States, the citizens Of the Territory have The power OF
appeal 10 the Supreme Court OF the United States then
they may exercise that power under the authority that is
conferred by the constitution But il, on the contrary
the senator Is right and no appeals exist from the cases
determined in The limits OF this Territory the Supreme
Court Of the United States. then submit to him whether
Mr. HALE 1.-The senator from Maryland will allow
Mr. PRATT. tyislding the aoor) / want an explana-
ton
:, Mr. HALE Well. sir, win give an explanation.
original jurisdiction OF the Supreme Cout OF the United
States is fixed by the constitution, the appellate ursdc
lion Of the Supreme Court Z not fixed By hs con-
The .orginal jurisdiction OF the Supreme Court OF the
United States is extremely limited II is confined TO
Isers and in which a State shall be patty These
are the only in which the Supreme Court has
original jurisdiction. But the appellate jurisdiction is
different, and submitted directly TO regulation
as the senator will see from the following:
In all the cases before mentioned, the Supreme Court
shalt have appellate jurisdiction, both us 20 law and 70
tho Congress shall make
To speak of enlarging the jurisdiction in such case
would be perfectly IDLE fSr hs senator WI see y the
ter is left to the regulation Of Congress.
Mr.. PRATT Iwoud ask, sir, whether the expana-
ton Of the senator y consistent wtrshe words Of his
amendment. BY which the Supreme Court Of the United
States would have jurisdiction in all arising in any
OF the United States II thereoreAwoud give not only
appellate jurisdiction, but according 70 the wodsof the
amendment, il might give original jurisdiction.
Mr.. HALE. lin his seat) Oh, no. sir.
Mr.. PRATT, (connuing.) have notsecn the amend
ana
Mr.. HALE. think that will be shown from the sec
lion TO be amended.
ment, and the bill as amended
Mr., HALE The amendment reads as follows:
In all cases in which said Supreme Court Of the United
States would have jurisdiction Il said eases had arisen in
II amended as proposed. that part Of the section will
read thus
Wr,s Of and appeals from the final decisions Of said
Supreme caur. Of the Uned States. in the same manner
under the regulations from the circuit courts
g y the ud ~ have
cases had arisen in any Of the United States
Mr.. WEBSTER. I will say to the honorable member
from New Hampshire, we have never treated The Iudca
ture of Territories like the judicature OF States We
give direct appeal, limited only by the amount see
for divergng from such rule, az applicable
to our territorial courts that OF the District OF Columbia,
and all others of thai class There are great many
questions in which il ID not intended that the whole
merits OF the case should come before the supreme Court
among cases arising in the State courts have mention
ed the arising certificate OF difference OF opinion
between the Judges, as regulated in the act OF lS2 II
the gentleman from New Hampshire has considered me
The case Of the District Of Columbia. TO give rhe right
OF appeal ia all cases. within certain limited amount
believe here is limit to 81 900.
Mr. CLAY Mr. President one or two words only
III still think the amendment OF the senator from New
Hampshire [Mr HALEl the proper one, though will
Weld To the superior Judgment and learning OF the honor
able senator from Georgia Mr. BERRIENl But If I'M
derstand the object of the honorable senator IRON New
Hampshire, 1t is to give jurisdiction by way OF writ OF
tha rol thu
Court of the United States 70 the same extent as y ex
lists in the States AS the original bill stands there is
limitation to the amount OF 1000 Now, let me pat
ase: question arises under the constitution OF the
United Statesa law treaty which party In The States
is entitled to bring before the Snpreme Court without
Limitation as to the amount under me law o. h laSs pa
fore the Supreme Court from the Territory unless the
amount exceeds 81 900. That is the way understand
lit II so, do not any objection TO giving him the
proper means by writ Of from the decisions Of the
territorial courts with the uses OF the same
writ in the circuit courts -.
Mr. BERRIEN. Mr.. President the object OF the
senator nom New Hampshire [Mr HALEl Is to give
jurisdiction, by way OF appeal to the Supreme Court OF
the United States, irrespective OF the amount IN couo
yersy The 2Sth section Of the judiciary ac' Is as io
lows
SIC rs And be smacfsd. That final Judgment de-
cree, any suit the highest OF law equity Of
i drawn ia question the validity OF treaty or siau,e OF
authority exercised under the United STATES and the
question ,be VALIDITY Of statute o. or an authority exer
csed under, any Satc lhegronhd Of their being epug
the constitution, treaties laws OF The United
States, and The decision is in ayor OF sucher validity
or where is drawn In question the construction OF any
clause OF the constnton of treaty statute Of or
held UNDER United Sascs aud the decision
is against the Ie right privilege, exemption specially
claimed by either party, under such clause Of the
said constitution, treaty. statute. oni sson ;may be
re-examined and reversed affirmed in the Supreme
Court ofihe United States upon writ Of the citation
being signed by the chief JUSTICE Judge chancellor
OF the rendering passing the judgment OF decree
complained Of by justice OF the Supreme Court OF the
United States, In the and under the sape
regulations and the writ shall have the effect Ms II
the Judgment decree complained OF had been rendered
passed In circuit and the proceeding npon the
reversal shall also be the same except that the supreme
Court instead OF remanding the for final decision
before provided, may their discretion, III the cause
shall been remanded before, proceed hns
decision OF the and award execution Bat other
shall be assigned regarded as ground OF reversal
Of record, and media,ey respects the before
mentioned questions OF validity construction OF the said
constitution treaties statutes, commissions, or authorities
In dispute.
These are The cases. Well, now, what was the OBJ
ect OF that provision in the judiciary act OF l7s9 II
was TO invest the Supreme Court of the United States
with the power Of deciding cases springing out OF
rising under the exercise of the authority OF the
United States, in order 10 the United States
the Interpretation OF their laws II was for that
that this provision introduced into the act The
ton Of 81 900 which attaches to the BILL 80 that
decided in the territorial courts be transferred
by appeal 10 the Supreme Cour without respect to the
amount. Now, sir, that object will most certainly
not be secured by of the amendment introduced
by The senator from New Hampshire He provides by his
amendment that cases shall be taken up 10 the Su-
peme Court OF the United States BY appeal in the same