The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-27

SIC D. ANd be further sAaefsd That u shall be lawful
for the Supreme Court upon motion made, 70 einstac
It's docket any coming within the puryew OF this act
may ss1os sse s Sssa sa hSs a i've
right and proper %
Mr. DAYTON | would merely say that this amed-
mendment is in substance the same as the provision IN
the original BILL which have rejected by our amend
ment. II applies 10 retrospectvely think IT 10
in its aspects than that we have voted down. So
far can see gives power TO the courts 70 sci aside
everything that has heretofore been done think that
the opinion of the Senate has been shown upon this mat
MIR. DOWNS. The amendment now offered is some
what similar to the proposition in the original bill but It
is different in respects This will have retroac-
tive effect but the bill has no time limited but could
reach AL cases, while this amendment is much lass than
Mr. DAYTON 1 desire 10 know upon what possible
principle this amendment should be mted 10 five years
u you give j retroactive effect. why not give i SIX
Mr.. DOWNS. II is customary 10 have some limited
time. @ aB
to the senator from South Carolina He says that case
has occurred where retroactive action has been
given The must have forgotten that when this
subject up before. mentioned several casesone in
Arkansas where number OF land cases were aside,
brought again before court Of justice by of Con.
gress also referred to in Florida which had been
reinstaed the docket Ii Is not, them such anomaly
ito give retroactive effect to law Of this kind There
have been repeated cases Of the same kind.
The question being then taken Upon the amendment,
il was rejected-yeas 10, nays 29--as follows:
htcutSoH, OuHsc, LAWS
sissipp Dodge Of Iowa, Downs, Foote, Hale, HamIn.
Housoa Jones', Norris Rusk, soale Sturgeon. and Walk
rsn. Balss, Cas- Clarke, Clay Dasi. q
Gsssns, M' han,e % kins Mason, MIs Psslss Phelps,
P,aa, Smith. Turney, Underwood. Upham, Wales and
Mr. PRATT understand. sir, that. while was alb.
sent the law Of Maryland referred applicable
these At the request of the chairman Of the Com
mittee the Judiciary, have found the law TO which
the senator from New Hampshire referred II is the act
Of 1892, chap. 2os part Of which will now read
BE il enacted By the gen1al assembly Of Marysrd That,
n az @ o q have besn or ma Be
by any orphans court for trial aforesaid In any county
court Of this State, NC.
The act then goes on to state that the court OF appeals
shall have jurisdiction in such cases.
Mr.. FOOrE remarked that certainly this would
hereafter arise, the amendment should be adopted
Mr.. HALE. want to read what the Chief Justice
says of that act. he says:
In 1892 an passed authorizing writ Of in
such cases and Staying Ptoceednss y The inferior courts
had bee ed Is
sage well those which should afterwards lake place
q ss % a
law and the opinion by the bar Of the State
pnans courts tried during that time, which
should have given TO the writ OF error, II II had been
supposed to be warranted by the law
Mr. PHELPS. Mr. President, suggest the limitation
should be reduced from five years to one
Several SENATOR'S. That has been stricken out
Mr. PHELPS Then that furnishes additional reason
why there should be limitation This bill proposes to
abrogate the rule Of the common law, that writ of
be taken from judgment The reason OF this
rule OF law is very obvious II the writ OF error
the writ Of be determined. Now, the difficulty
with this bill 10 this: that, ii similar should
hereafter to the alluded to- writ OF error might be
taken out five years afterwards and the result would be
that final adjudication could not be had until five years
from the time. think Limitation should be made
Mr.. CLAY MIR. President. move that the subject do
fho froun IN
prepare his amendment
The question being taken upon the motion to lay upon
the table, IL was agreed TO-
cALToRsiA-rERRIToRIAL OBSERVATION-DISCLOSURES
The Senate then, as in committee OF the whole,
sumed the consideration OF the bill for the admission
OF California into the Union, the establishment OF ter
riiorial governments for Utah and New Mexico, and
making proposals TO Texas for the settlement OF her
northern and western boundarieshe question pending
being upon the amendment, submitted by Mr.. SoUIE-
Mr.. DOUGLAS addressed the Senate, in reply particu-
arly that portion OF the argument OF the senator from
Louisiana MR. SouLEl relative othe operation OF the
bill in connexon with the public lands OF California.
[The remarks of the honorable senator, having been
withheld for revision, will appear hereailer1
MIR. WEBS TER Mr.. President, the amendment pro-
posed by the honorable senator from Louisiana Mr..
SouLEl opens field for dscusson and instead OF
me ncement OF the end, we find ourselves engaged
upon these propositions, which come back to the
very beginning. They calour attention to the main
proposition which is the admission OF California into
The Union she presents herself with the consiiu
ton formed by her people. have desire 10 say few
words upon this subject whenever IL may suit the con-
venence OF the Senate. Considering the advanced pc
rod OF the session, and the absolute necessyasl feel
be--of bringing this discussion 10 close, whenever
do come before the Senate, shall conhne myself 10 those
very few words. An honorable member at the head oil
Of the committees OF the Senate had the purpose, as
known 10 ALL OF going into executive session to-day,
for some special object II that continue TO be his pur.
pose will defer my remarks until tomorrow; II not
will proceed perceive that the senator himself Is
absent A friend informs me that II is his in
tenton 10 move TO 90 into executive session AT o'clock
and as il is now that hour, that the further
consideration Of this subject be postponed until tomor
row, al o'clock.
Tie question being taken upon the motion, il was
agreed TO.
HOUR MEETING.
Mr.. CLAY. Mr. President, have risen for the pur-
pose OF moving the resumption OF the hour OF IL o'clock
for the meeting OF the Senate. mean 10 complain OF
no one-to reproach but tdoes appear to me that
out OF respect ourselves out Of respect to the country
lie business OF the country, ought 10 ascertain what
is to be the fate Of this bill Sir, could not help this
morning making contrast between our and the
proceedings oil another legislative body In question
touching the organic form OF the government OF France
limiting and restricting the elective franchise body
composed Of more than 700 members in less than period
OF ten days. have decided the question: passed the tl
and submitted il 10 the proper authorities TO be acted
upon while here we have been occupied nearly two
see when the question is to be determined do trust
sir that shall hereafter al n O'Clock and con-
inue meet from day TO day, until this subject is dis
posed Of therefore that the rule be restored.
and that the Senate meet al Ii O'Clock and call for the
yeas and nays.