Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22

IN on mere certificate that in the trial of such case the
ridges differed upon this question Now IN more 'nsn nA
or fvesxths Of ell the in which this certnca
below and which come up here for decision, the judges
divide pro om0 for the very purpose OF ensDhng s
70 have the decision Of the Supreme Court nee are
Of such cases here every term Inc oni'ed o 80 W
$500 worth of duties which the defendant says the law does
not oblige him to pay He pays the money however, and
then brings an action back Neither party can
.pueal or bring writ of from the Judgment OF the
Circuit court, In case within TINS amount e
practice Is very the judges dliier pro lorna,
and certify that difference Now, the law OF 1883 was passed
to bring questions arising under laws and treaties and so on
from the State to the Supreme court This bill does
not touch that case at ALL know that there is an
Inconvenience felt from the limitation. 1t difficult to
get decision sometimes, important principle for the
want of sufficiently large amounts but that has never led
Congress to alter the sum- Instead Of that there is strong
disposition increase the which will entite parties to
appeal in order to keep of small cases from the docket OF the
Supreme Court.
Mr.. CLAY. Mr.. President
M. HALE. Will the Senator allow moment
Mr.. CLAY. want but moment myself, and that Is to
say that both parties right The learned Senator to the
left (M WEBsTER) is certainly right to the jurisdiction
of the court but the gentleman before (Mr HALE) Is
right the object though he has not used the proper
phrsseology to embrace his object We might as well un-
derstand this explicitly If the bill stands as II does
now and constitutional question arises before the Territorial
courts unless the amount in value is SlOoO you cannot
bring that constitutional question the Supreme Court OF the
United States. WE'LL might as well talk plainly sup
pose the question arise whether slave carried into the
Territories and who his freedom there there under
the constitution not His value Is not thousand dollars
You could not settle the question constitutional right under
the bill il stands unless the value OF the slave was
equivalent O00 The object OF the Senator from New
Hampshire to make the right OF appeal and writ OF error
coextensive in the Territorial Courts with what they are in
Circuit Courts Of United States and to do that to
that change is the wording OF his amend
For one think the object should be accomplished
the power Of testing in the Supreme Court OF the
United States the right under the constitutions carry slaves
into the Territory think that gentlemen all sides OF the
chamber should vote for this amendment.
Mr. HALE. With the consent Of the Senate, will with
draw this amendment and offer one a substitute
Mr.. CLAY Oh, take time.
Mr.. HALE ! have got the amendment ready The
section stands precisely In the words Of the Clay
ton compromise bill down the 3Sh line Now, propose
to amend the bill make this section identical with that
in the Clayton compromise To effect that purpose move
to insert the following words Immediately after the words
"United States" in the 3sth line
"Except only that in all involving the title slaves the
said wrs of appeals shall be allowed and decided by
the said Supreme Court without regard to the value of the
that writ appeal shall be allowed the SUI
Court the United States from the decision of the said
Supreme Court created BY this asst or OF any judge upon any
writ of habeas CORPUS involving the question OF personal
freedom" .
will read from the Journal of Congress Of July 49, s4s
On motion of Mr. Johnson, Of Maryland, to amend the bill
by inserting in section "a the end of line 49, Except only
that in all involving the title slaves, the said wrts OF
appeals shall be allowed and decided by the said SUI
pree Court without regard to the value OF the natter
pery title in controversy and except also, that writ Of
appeal shall also be allowed the Supreme Court of
the United States from the decision Of the said Supreme
Court created by this act any Judge upon any writ Of
ha6eas corpus involving the question OF personal freedom
1T was determined in the ST. nays 49,
sThose who voted in the affirmative are
Messrs Allen Atherton Badger, Berren Clarke, Clay
ton, Corwin, Davis of Massachusetts Dayton, Dix Dodge,
son of Maryland, johnson, of Louisiana King, Mangum,
Mecal Miller Niles, Phelps Rusk, spruance, Sturgeon,
Upham, and Walker"
After some further debate the question taken this
amendment, and it agreed to-
Mr.. sOULE. Mr. President, offer the following amend
ment
Section s. line g. add after the word Utah" follows
And when admitted State shall be received into the
Union with without slavery, their constitution may pre-
scribe at the time of their admission"
Mr.. SOULE. The object of this amendment Mr.. Pre-
sden is to ascertain what meaning the Committee Of Thr
teen and those who may for the bill reported by the
Committee Of Thirteen, attach to the clauses respecting the
Territories Of Utah and New Mexico am compelled to
introduce this amendment in the language which was
used in the Of Texas My object to see whether we
to to these Territories hereafter the right of COM
ing into the Union with without slavery, they may
deem fit and they may make known through their cons
tutions.
Mr.. HALE Mr.. President, want to say word or two
on this amendment suppose that all the power this Con.
gress other Congress- have concerning the admission
OF States, from the constitution II is perfectly
idle for this Congress to upon what terms future Con-
gress shall admit State into this Unon unless at
tempt made put in the form Of compact treaty
Now, do not understand that making treaty with
Titan or new Mexico lne argument tnd undeaKestO give
any Binding efficacy the resolutions for the annexation OF
Texas, in this parcula-and does strike with any
force a-s that making treaty with another
ton and that Texas having performed its part and come into
the Union, bound by part If understand il,
that is the argument by which force attempted be given
these provisions the resolutions annexng Texas to the
United States.
But here is naked attempt to make this Congress say
upon what future Congress- that may sit perhaps
twenty years from now, shall admit new State into
the Union to to be altogether nugaory and is
think stretching power altogether beyond the constu
ton When Utah presents herself for admission into the
Unon she will probably address herself to the Congress then
in session. and that Congress- then session. most probably
will not trouble itself by looking back upon what this Con
gress thought about Inasmuch the amendment will be
nugatory and have binding force am opposed in
serting it in the bill.
Mr. DAYTON. Mr.. President desire only to state that
do not vote against this amendment nor do mean
to vote for it. that there is great truth IN the
remark of the Senator from New Hampshire, that any thing
do the subject will be utterly nugaoy take it for
granted that when Utah shall present herself State for
admission into the Union, she will come in either with or
without slavery she desires But representing the section
OF the country that do and when know that if vote
agaD the amendment will be considered opposed the
fore, will not against the amendment do mean to
vote in ts favor.
MI. CLAY. Mr.. President / have risen merely TO say
that, after expressing the opinion which did, after adverting
to the report as did, in the remarks Of the honor
able Senator from Louisiana that the committee had fbone
to make any expression of opinion, have Of
objection the amendment under consideration This
Of the class Of amendments which consider altogether un
poran il of that class for against which am will