The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-12-27

proceed 10 california puf opening IN
bids for postal service in that State and the Tern
tory Of Oregon. But objection was made.
( CHANGE or vEsUE-THE KoscIUsKo ESTATE.
MIR. THOMPSON, of Pennsylvania, from tn
/ Committee on the Judiciary, 10 which had beer
referred the Senate bill authorizing the removal U
civil causes from the United States circuit cour
! for the District of Columbia to the United State
courts for the district OF Maryland or virginia re
ported substitute Tor same, 10 the elect: tina
the civil and equity cases now pending, or such IA
may hereafter be instituted in tho United States
Circuit for the District OF Columbia, IN which
the next OF kin and the heirs and legal representa-
tives ol General Thadeus kosciusko may now on
hereafter be parties may be removed from the said
circuit court for the District of Columbia TO the
United States circuit court for the district OF Mary
land, sitting in Baltimore, ON application OF either
party, or any attorney or solicitor OF the parties
made to the clerk OF the circuit court Tor the DIS
trict of Columbia, and supported by affidavit that
there is reason believe that fair and impartial
trial in said court for the District of Columbia can
not be had
Mr.. BROWN, of Indiana, was understood to re-
mark that the bill was general one, and he wished
TO know why special case only was 10 be pro-
vided for by the Committee on the Judiciary
Mr.. THOMPSON, of Pennsylvania, explained,
and gave the reasons for reporting the substitute
Mr.. GiDDINGS inquired whether all cases in
volving the freedom of slaves did not come up be
fore that COURT II they not proper for the cir
cult for the District Of Columbia, they should
likewise be allowed, under the general provisions
of law, to be removed 10 other courts.
MIR. THOMPSON, OF Pennsylvania, was not able
to answer the question what the practice has been
He believed however that applications such as the
gentleman referred to had been laid before this
court But he thought that the question and the an
swer were foreign TO this subject.
MIR. GIDDlNGS asked whether the general pro-
visions of the bill would not authorize the removal
of such
Mr.. THOMPSON supposed, if controversy
arose about slave, that might be removed also.
Mr. GIDDlNGS. BY the general biE
W
Mr. DUER proposed an amendment to the origi-
nal billprovided however, that this sec ton shall
only apply to cases over which tie circuit courts
aforesaid may have original jurisdiction under the
Constitution of the United States;' and he made a
few observations.
Mr.. THOMPSON, of Pennsylvania, replied to
the gentleman, and said that the for press
ing the matter was, the reprcsen tatives and heirs
of General kosciusko have been in litigation for a
long time, and have repeatedly applied to Congress
for change of venue, the ground that they
cannot obtain fair and impartial trial.
MIR. BAfLY, presumlng there was no pressing
necessity, moved to refer the subject to the Com
mittee of the Whole on the state OF the Union
Messrs MARSHALL, ASHMUN, and VlNTON,
made few remarks, when
Mr.. BURT inquired whether the gentleman from
Pennsylvania stood up AS the friend Of the heirs OF
kosciusko, to impute partiaity on the part Of the
Judge. II SO, this wac not the proper ground for
the passage of the bill. Before he would consent to
impute Partially 10 this community, To the coun-
.
Sides he must have ample proof Of the fact. If the
Judge Vas corrupt, no man would be more inclined
than he TO mpeach bn; Tor u Judicial tyrant was
the most despicahic OF all
Mr.. THOMPSON, of Pennsyl vania, assured his
Leaned friend that he not the advocate of the
heirs OF kusciusko and said that when an applica =
ton is made for change OF venue II Is always for
the same reason-tbat "A fair and impartial trial
cannot be had.
Mr.. BURT desired to say that n special law is
contemplated, and therefore we cannot get rid of
the idea which necessarily attaches, that there is
partiality
Mr.. THOMPSON, of Pennsylvania, did not i'm
pute improper influences. One of the heirs nd the
counsel say that they cannot obtain fair and inn
partial trial
Mr.. EWING did not regard the asking for
change OF venue as casting an lmputauon On any
body. There are always two objects sought by 1t !:
/. That justice shall be rendered; and, That the
parties shall be satisfied with the Judgment of the
court If party supposes that justice will not be
administered according 10 law that constitutes, of
itself, without reference to the jud ges ground of
right 10 apply for change OF venue.
The question then taken the motion of
Mr.. BAyLY, TO refer the subject to the Committee
of the Whole the state of the Union, and decided
in the negative.
The amendment of Mr.. DUER agreed to.
Messrs. ASHMUN, EWING, and PRESTON
KING made few remarks The last named said
that he understood the kosciusko Gaze has been
pending for twelve or fifteen years, or longer, and
from some cause or other has not been terminated.
The object of reporting the substitute was 10 bring
the trial ~ an end.
Under the operation Of the previous question the
substitute of the Committee the Judiciary, pro-
viding change of Venue in the kosciusko case,
was agreed to-
On ordering the engro-sment of the bill, thus
amended, for third reading, quorum voted !;
and
On motion Of Mr.. S'TANLY, the yeas and nays
were taken, and rcsultcd-yeas 10, nays 80.
So the bill wac ordered 81 be cngrosscd for "A
third reading, and il was subsequently passed.
Mr.. POTTER moved that the House proceed
TO the consideration Of the business the Speak
ere table.
The question was taken, when
Mr.. JONES inquired whether quorum voted
The SPEAKER replied in the affirmative.
Mr.. STANTON, Of Tennessee, said that il
seemed 20 be difficult 10 make "A quorum, and ],
therefore, be moved that when the House adjourn
IL adjourn until Monday next.
The yeas and nays were desired and the motion
was agreed to-aycs %. noes So
On motion Of MIR MORRIS, the House then adj
journed, amid much laughter.