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

Of opinion 10 the Supreme Court and the question OF law
50 certified shall be decided by the Supreme Court IN ne
that is irrespective Of the amount In controversy.
Mr.. BERRiEN That does moi bring up the case
Mr. WEBSTER. No. not at ALI itls a peculiar pro
II is plan devised for efecng particular object. An
Inconvenience frequently arises as, ia a case OF only
$500 there might be legal question OF as much import
ance involved as any which could arise and upon which
II was desirable to have the opinion of the Supreme
Court The judges have, therefore, greatly enlarged
the practice Of certifying up difference of opinion |
They do pro foa for the purpose Of getting the de-
csion OF the Supreme Court in every where they
think desirable. without any real difference OF opinion
years 10 decrease the above which appeal can
be taken the disposition has been manifested TO increase
Mr. BERRIEN Gin his seat) On account Of the dock
ct being so much crowded
Mr.. CLAY. Mr., President both parties right. in |
my judgment. The learned senator from Massachusetts
Mr. WEBsTERl is undoubtedly right in all be has said
The honorable senator from New Hampshire Mr. |
HAIEl is likewise right in the object which he WISHES 10
effect although he may not have expressed his design y
the best language 10 effect his purpose We may as well
talk out and say what we mean. The case 10 which
this amendment intended mainly to apply is that OF
Who sues for his freedom there. CONSTITUTIONAL Dues
ton arises whether he be held slave in the Ter
rtory. AS the bill now stands, there is way Of get
territorial court without certificate that the value OF
the slave, property exceeds the oil 81 600 This
is the difficulty which the senator wants 10 obviate and
atng to appeals and wrs Of from the circuit court
he would gain that object Il appears TO be certain that
would not do j. and be will have to make some change
in the mode Of gaining what he aims at His object is
one which think ought TO succeed. think there can
be no Objection from any quarter. i,
Mr.. HALE. Mr. President, II the Senate Will consent
will withdraw that amendment, and Will oier another
After the 3Slh line will introduce an amendment, which,
will be seen, IS precisely word Tor wod me same as
the Clayton compromise bll down 70 me ssa ilne
after the word "Uned Sates, in the 3Sth line, as fol-
lows
Except only that In all cases involving The tie % slaves
the said ws Of error Or appeals shall be allowed and de
cided by the said Supreme Court, without regard the
ee II e y ha Il
lowed the Supreme Court Of the United States from the
Of any Judge upon any w o ha5sas espss involving the
question Of personal freedom.
will read from the journal of Congress of July 80,
ls4s:
On motion OF Mr.. johnson, Of Maryland, amend the
bill by inserting in section 81 the end line 49, Except
q Or Appeals be allowed and decided by
the said Supreme Court without regard 70 re value Of the
that writ Of error appeal shall also b. allowed to the
Supreme Court The United States from the decision Of the
said supreme created by this net Of any judge
upon any writ Of ha6eas involving the question Of
personal irecdom'-
s gosd n ns -
Msssrs Allen A'hsston Badger Bsrrsn Clarke Clay
Of Maryland. Johnson OF Louisiana, King, Mangom.
Metcae, Miller Niles, Phelps knsk, Spruance, Sturgeon
ask the yeas and nays upon my amendment
The yeas an, and nays o; having been ordered.
Mr. UNDERWOOD said l wish 10 ascertain from
the gentleman from New Hampshire whether he intends
10 leave in the section this part
ws ss saas q ss be q y
OF the parties other competent Witness shall exceed one
thousand dollars.
Mr. HALE propose to add my amendment after the
thirty eighth line and not 10 strike out anything.
Mr. UNDERWOOD. Then the section will read thus
Wrts error. and appeals from the aal decision Of said
supreme shalt be allowed, and may be taken 10 the
and under the regulations from the circuit of
tac United staies except only that ia all cases involving
allowed and decided by the said Supreme Court. without
regard TO the value Of The matter property or tide IN conro
and except also, that writ OF appeal shall
aso be allowed the Supreme Court of the United States
om the decision Of the said Supreme Court crested by hs
ing the question OF personal iicedon rhsr fas psf Of The
property Or ihs aoInt e. som,svy % oy ns
shaH sressd hossamd dollars.
That, sir, is very curious reading
Mr. HALE. | beg pardon oil the senator l had the |
other bill before when proposed to add that clause
had the Clayton compromise bill. propose TO strike
the clause relating 10 the value Of the property. &c
Mr. UNDERWOOD | supposed that was the |
and now propose 10 amend the motion TO strike out, by
adding TO the clause proposed to be stricken out the fol-
lowing
where the personal liberty any person involved
Then the section will be just this il will give you the
privilege OF bringing all TO the Supreme Court
which may be introduced into the Of the Territories
where the value OF the property involved exceeds one
thousand dollars or IN the alternative. where the per-
sona liberty OF any person is involved That embraces
Mr. WEBSTER II does not embrace the case Of
Mr. UNDERWOOD. The gentleman says j does not
embrace the OF habeas corpus Now, doubt very
much whether il ought 10 embrace that There may
be cases OF hdbeds corpus in relation TO white well
black persons-in relation 10 persons arrested for
crime, well as those kept in custody AS slaves.
There may be variety Of different OF complaint
by which the detention OF individuals occur There may
be OF hdbsas corpus in relation TO children Now,
you will have to 90 into the distinction, presume, be
tween OF that description and where personal
liberty is involved upon h1beds corpus, IN order 20 dis
criminae. / do the necessity of dIscrImina-
ton OF that description But il il be question OF sa
very, il will be suit that will be embraced by my
amendment; il will be suit instituted by the slave
against the person claiming him his slave in the
courts OF the Territory. That case will go through all
judicial investigation in the courts there before il pre-
pared to come here That will be prepared In ref
erence evidence There will be full and fair trial
and il will be decided and when It is brought TO final
issue and decision in that way, II will be prepared to
come BY writ OF error, OF By appeal, 10 the Supreme
Court oil the United States But these cases OF hdbeds
corpus are matters OF incidents and they matters o
speedy and qaick adjudication and decision They are
matters which may take place without that deberation
the Supreme Cou and upon the spur Of the OCCASION
do not see how proper record shall be made up and
certified by the Supreme Court under any OF the provis
ions OF this bill and IL TO me- If that description oil
cases s 10 be embraced il is worthy OF consideration
whether various other sections regulating the proceedings
upon habea corpus, and preparation of testimony TO be
brought upon such proceedings, ought not 10 be intro