Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22
CONGRESS.
IN SENATE.
SATURDAY, JUNE l5.-Ia continuation.

SATURDAY, JUNE l5.--In continuation.
The Senate then proceeded the consideration Of the bill
for the admission Of California State into the Union to es
tabish Territorial Governments for Utah and New Mexico
and making proposals Texas for the establishment of her
western and northern boundaries
The pending motion the following amendment offered
| by Mr. HALE
To amend the 3Oth secon which establishes the judicial
power of the Territory, by striking out in line 3sh the word
"where and the 18th, 4Oth, and 4st lines the word
sand, }" in the AID line, and insert
In all in which said Supreme Court of the United
States would have jurisdiction if said had arisen any
| of the United States"
The words to be stricken out the allowing
Where the value Of the property the contro-
ver, be ascertained by the oath affirmation of either
party other competent witness, shall exceed 900"
amended proposed that part Of the section will read
thus
said Supreme Court shall be allowed and may the
Supreme Court the United States the rme manner and
under the regulations from the Circuit Courts of
United States, in all cases in which said Supreme Court of
the United States would have jurisdiction II said case had
arisen in any Of the United States"
Mr. HALE. fany gentleman has taken the pains to read
the report Of proceedings of yesterday in the National In
eLkgencr Of tbs morning, the purpose q this amendment
will be perfectly ineligible to him. The object Of it sim
ply this The hl stands, gives appellate jursdc
ton to the Supeme Court Of the United States in all
where the Of property involved exceeds thousand
dollars will be by the constitution of the United
States that then vast range Of the States where
Supreme Court of the United States has appellate jusdic
ton, where the amount involved does not up
thousand dolars such, for instance, all where
right is claimed under the statutes laws of the United States
object Of this amendment is simply put the appellate
Of the Supreme Court Of the United on the
footing in the Territories q in the States
Mr.. CLAY. believe there is no well founded objection
to the amendment proposed by the Senator from New Hamp
sphre and am glad to arising in him spirit of improve
ment OF the BILL AT first he and some Of his co-opeators
wanted to make the bill bad possible and voted against
a inf of1n tai
it. and think the Senator ought be encouraged nit IA
| laugh shall therefore vote for his amendment.
Mr.. BERRIEN. should be glad hear from the Sena-
tor from New Hampshire (M HALE) an explanation Of the
| object Of this amendment.
Mr.. HALE. will endeavor to explain it. 1t will be
found reference to the Constitution Of the United States
that the original jurisdiction Of the Supreme Court Of the
United States exceedingly limited 1t is confined
affecting ambassadors public minister's and consu and
in which States parties the suit These the only
in which the Supreme Court Of the United States has
original Jurisdiction Then they have appellate jurisdiction
other both to law and fact with such exceptions
and under such regulations Congress shall appoint need
refer the Senator from Georgia the cases in which Con-
BY general legislation has given appellate jurisdiction
| the Supreme Court He knows them we'll In any
where there right claimed under the laws Of the United
States where the decision by the State is against the
party the parties have the right of appeal also in all
patent laws and excise laws in the States But Of
this kind occurring in the Territories could not be brought up
the Supreme Court by appeal unless the authority
ferred by this act and the object OF this amendment simply
to put the people of the Territories the footing the
people Of the States in relation to the appellate jurisdiction of
the Supreme Court Of the United States.
Mr. BERRIEN. The amendment is in my opinion unne-
cessay for the accomplishment Of the object which the Sena
tor from New Hampshire has in view. The difficulty which
ne seeks to provide against is in in which appeals
transferred from the supreme jurisdiction of the State
to the Supreme Court Of the United States. They
in which appeals taken from the distinct jurisdiction Of the
State to the Supreme Court Of the United States The
courts Of the Territories from which the appeals have been
taken have not been considered the inferior courts from
which appeals be taken But in regard the courts
tabished in the Territories they established by the
authority Of the United States and appeal could be taken from
hem OF course, in the various in which the Supreme
Court exercise jurisdiction. The amendment therefore,
unnecessary, and will defeat certain the object
which the Senator has in vew Congress has already fixed
the amount necessary to ente this appeal from the Terrific
rial courts By the bill originally stood appeal
be taken in every involving the amount Of $1,000 but
the amendment PREVAILS appeal be taken unless the
sum amounts $4,000, because that is the regulation in
gard appeals from the circuit of the United States
submit them in the first place. that the jurisdiction Of the Su
peme Court the United States applies all the that
this amendment will provide for and in the second place that
its effect will be to limit the power of appeal instead Of
arging it.
Mr. HALE. do not understand II so do not under.
stand how be stated by any body that these
to all ntents and purposes courts Of the United States and
that all acts regulating appeals from all the courts Of the
United States apply to them.
Mr. BERRIEN. That is not said but they are courts
abished by the authority of the United States and pro-
vded for without any special provision and any which
there involving the necessary may Of necessity
brought to the Supreme Court Of the United States
Mr. HALE. Then, if understand the matter, it stands
thus There appeal this bill stands from the Supreme
Court created by this act for this Territory the Supreme
Court OF the United States except the solitary where
the amount Of property is 000 to be asceraned by ada
Wit that is the only which the Supreme Court Of the
United States has appellate jurisdiction from the Supreme
Court created by this act for this Territory Now there
vast range of in the States where the Supreme Court OF
the United States has appellate jurisdiction although the value
of the property might not be Eve dollars My object in this
amendment to put the citizens of this Territory upon pre-
cisey that footing which the citizens OF the States are
instance take the that lately came up from Massa
chuses and New York, imposing alien passengers
take the also that here from other States
involving the constutionaiy of license laws imposed and
there are great variety Of other must be recoeced
that these courts in the Territories will have the jurisdiction
which the State District and Circuit courts have in the
States, and the bill stands now, they WILDE supreme
the Territories in all matters in which the value of the pro-
perry in controversy is not fixed by affidavit at 600
Mr.. WALKER. wish to know if understand the
amendment rightly because fI do think very proper
one to he made The appellate jurisdiction Of the Supreme
Court understand it, is regulated by various Of
One case is where the appellant declares upon affidavit that
certain amount sinvolved; another oacts where the
srucon OF the constitution and laws of the United States
voved Well If understand this BILL gives appeal only
that set cases wherethe amount involved it. Now,
remarked BY the Senator from New Hampshire there
various in which the facts may depend on one consuc
on or another Of the constitution Of the laws Of the
United States but where there may be apprecbe value
IN regard the property which be presented by affidavit
or IN any other way Such that oughtn opinion
to the Supreme Court Of the United States decided
dernier resort this bill evidently does provide for that
and can see no means jurisdiction Of such cases as