The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-01

case eouia pe ued IN the courts aboye but as the law
now stands you have got TO lose your because the
ordinary means OF remedy have not been given you.
MS y not sr, 70 lake away vested rights, but 70 remove
vested wrongs isto give individuals the right TO OBJ.
tain what is justly due thema fair and impartial nvesti-
CATION of their claims upon appeal from the inferior courts
Suppose sir that right has been vested by improper ad-
jadcson in the inferior courts. is i right that that wrong
should be perPeuated Is there any improperly in taking
the to higher court TO have the matter renvest-
gated the wrong exposed, and the rights o the indvid
ua a last restored 70 him. canno, say that there may
TO which other senator may refer where there has
been settlement and adjudication upon vested rights
which ought not 10 be disturbed. But il they such
as might be brought before the Senate, and which il
would be proper Tor the Senate 10 exclude from the OPP
Grafton Of the bill, they might be excepted in the bin
era princple both for the past and the future, and il
seems to me with great prcprety gives the means OF
remedying the evils Of which speak The senator from
Louisiana, who sits behind me- Mr. DowNs,l has given
more particular attention TO the principle OF the amend
ment which has been offered than have, and will
sequenty say no more but give way 70 him. that he may
explain the amendment more forcibly than could.
Mr.. DOWNS. cannot see the force OF the objections
to this amendment II Is not unusual thing SO
unreasonable, or SO improper to change remedy, as II
seems to be supposed II may make some difference in
the situation OF parties 10 give appeals in cases already
settled, and 10 authorize revision OF them but Congress
has adopted that principle in numerous cases Why, sir
al the asLsesslon, in celebrated in Florida,
where appeal had been lost the subject was taken
up, and appeal directly given, in so many terms in
this particular case, BY act Of Congress- No doubt the
in Arkansas, which had been decided there, and in
which the decisions were final but il was afterwards
discovered that there was fraud There was revision
of those judgments, and most OF them set isde
There is great difference between changing right and
changing remedy. This relates TO the remedy alone,
and not to the right On the other hand. Mr. President
If the gentleman has any experience in the matter, and
has found that in this country elsewhere, there
no difficulty when judges have had most important
decide, and decide finally. without any appeal
vision in any form whatever, his experience al the bar
has been very different from mine. The application of
this provision to already passed upon constitutes
important class of cases You allow the principle in all
other The senator from South Carolina admits
the principle to be good in future Why not apply
it, then, to alls would suggest to the honorable chair
our doing what is not competent constitutional in this
case because, If this matter is submitted to the superv
sion OF the Supreme Court of the United States, and if
they think interfering with vested rights, that
usual in it, that it is incompetent for Congress TO pass
such provision, they would decide that portion of the
bill which competent for Congress to pass
constitutional, and therefore void, and they would dsre
gard it, The whole matter is submitted to them; and |
think is clear that a applying the remedy we ought to
make It apply TO all cases. There is no danger oil its
operating far If il provision under which all
cases for indefinite time might be revised, there
might be some complaint. But this is limited TO a
verysshor time. II is only for 1--WE years after the deci.
sion Of the case hope. therefore, that the amendment
will be adopted. viii sate MIR. President, that pro-
vision precisely similar 10 this exists in the State OF Mary
it established in the District of Columbia 1t
is the opinion of members of the bar who practise here,
and also in the courts OF Maryland that il ought TO be
already suffered remain hope therefore, that the
bill and the amendment will be adopted.
Mr.. FOOTE. should like to inquire OF my friend
from louisiana whether am in error in supposing that
this bill and the amendment are limited IN their operation,
to affect decided more than five years ago
MIR. DOWNS. Here is the proviso:
Provided That the writ OF error thereon shall be sued out
within i've years nom the ceridcate said verdict.
Mr. FOOTE. Then, Mr. President. if we adopt this
amendment the business affairs OF the country will not
be very seriously unsettled by lis adoption that the
main given in opposition 10 the amendment, il
seems to me. falls to the ground. doubt exceedingly,
from what have heard, whether there ten cases TO
be reached by the amendment Now. sur, in legal point
OF view, what is the operation o this amendment, ii
adopted How far can il be justly regarded violating
established principles and respected usages We learn,
sir from all legal wrersand It is especially laid down
in Judge Story's "Confct of Laws" and laid down
explicitly than in any other work that have had the
honor 10 consuhat what called the remedy embraces
all the proceedings connected with the progress Of suit
in court, from the emanaton of the original writ,
up TO execution executed understand SIR that the
chairman oi the Committee on the Judiciary Mr. Bur.
LERl has introduced bill the remedial efficiency of
which, If adopted, will be sufficient 10 correct all
neous adndicatons which may hereafter be made either
in now pending, or IN cases which may hereafter
arise for decision By the very fact oi introducing this
BILL he has clearly the present state OF the
law regulating suits in the orphans court OF this District
to be unsatisfactory, and that some amplihcaon OF the
legal remedies enforced in said court may be indispensable
TO the ends OF justice This is important admission,
sir for hold II to be our duty to that justice Is
udiciay administered in all the courts of this
District, promptly, fully, and satisfactorily is
al an practicable. The maxim is equally applicable
here as elsewhere Let justice be done, though the
| heavens fall The admission being thus made by the
honorable chairman OF Committee on the Judci-
airy, that the judicial remedies enforceable in the
orphans court OF the District fall short OF attaining the
ends OF justice, and need ameoraton in the mode pro
posed by him in relation to the class OF specially
provided for in his bill, il 10 most clear that he
~ bound show good for discriminating between
the provided for the amendment under consdera
ton and those specified IN the bill, yield his support
both 10 the amendment and the bill conformity. The
simple question seems 10 we TO be. Will we permit
perpetraion already commenced to contnue lis pro-
gess in cases which have been heretofore mPerecty
ladiudicaied shall we, whilst providing preventive
remedies for expected hereafter arse decline the
employment OF the ample means which possess for
correcting adjudications heretofore made
would like TO know why not much bound 10
provide remedial legislation for OF possible injustice
Tor cases which may arise tomorrow or two months
hence, II we really provide for all OF them by the
o unquesonabe constitutional power, and by
the OF expedlents altogether practical and conve.
nentl Why shall not JUSTICE and efectual Justice,
| be administered in one class OF cases as well as
in the otherl ] have yet heard satisfactory rea-
sons for the discrimination insisted upon, nor do |
American cdzens, and equally entitled to enjoy the
advantage OF speedy and correct adjudication OF their
rights IL certain that the amendment cannot operate
more harshy oppressvey than the bill itself would
be likely TO do IN the absence oil all amendment Ii the
honorable senator from South Carolina can himself see
any ground for the distinction which he has attempted to
set up hope be will leave no longer in the dark
.... .f r.