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


all correspondence which may be file in any OF the de-
Aaa BE- flsr resolved, Thai The President be request,
ed 70 inform the Senate what the extent IN square miles,
much reserved from sale neutral ground under
what treaty the Indians now remain m Florida and
whether the treaty OF Payne's Landing mas been exc
cuted
On motion by Mr. ATCHIS0N, ii was
Ordered That the Secretary of the Senate be instructed
obtain rom,the public printers documents
Clerk OF the House OF Representatives.
BILLS INTRODUCED ON LEAVE.
Mr.. DAWSON, in pursuance OF notice, asked and OBJ
tanned leave to introduce bill to authorize the Secretary
Of War settle the claims Of the State Of Georgia for
horses and equipments lost by the volunteers and militia
engaged in the suppression of hosties Of the Creek
Seminole, and Cherokee Indians in the years 1886 and
1897.
In presenting this bill, Mr. D. said Allow me here to
observe that the existing laws authorize the department
to pay in such cases only where individuals are con-
earned When State has voluntarily stepped forward
and settled with the Individuals the department doessno
consider itself authorized under existing laws, to refund
the money which has been SO voluntarily paid to lndi-
viduals by the State.
The bin was then read first and second time by its
title and referred TO the Committee on Military Affairs.
Mr. ID. also, pursuant to notice, asked and obtained
leave 10 introduce bill to authorize the Secretary Of
War to allow the payment OF interest to the State Of
Georgia for advances made for the use of the United
States in the suppression OF the hoses of the Creek
Seminole. and Cherokee Indians. the years 1885, 1897
and 1885 which read first and second time by its
title and referred TO the Committee Military Affairs
Mr. BRADBURY, in pursuance OF notice, asked and
obtained leave TO introduce bill to provide for holding
the courts OF the United States Of the sickness
other disability Of the judges Of the district courts which
was read first and second time by its title, and referred
TO the Committee on the Judiciary.
Mr. d. also asked and obtained leave to introduce
bill 10 provide for the investigation Of claims against the
Mr. b. remarked, in introducing the bill, that his OBJ
lect In offering il was this The honorable senator from
Virginia MIR. HUSTERl had BILL which would shortly
rut tnY Ynrftn in tha
and he desired that this bill should be printed, order
that both might be before the Senate the same ne
i was very possible that this bill would be offered as
substitute for that OF the honorable from yir-
gnia, or some portions OF it be proposed by way OF
amendment TO that bill He would state that this was
the same bill in TERMS that was prepared at the last
sion A bill somewhat similar in character under
consideration in the other house; and while that bill
under discussion, he (Mr B observed carefully the OBJ
iecons which were urged to it, and. taking that bill
basis had prepared which he supposed obviaed the
objections that were then urged.
The bill was laid on the table, and ordered to be
Mr.. KING in pursuance OF notice. asked and obtained
leave to introduce bill granting the right OF way
through the public lands Of the United States compa
plank roads in said State, with the right OF pre-empton
to portion of the public lands; which read twice.
and referred to the Committee on Public Lands.
NOTICES OF BILLS.
Mr.. DOUGLAS gave notice that he would To- o-morrow,
subsequent day, ask leave introduce bill
establish an armory and foundry al Fort Massac on the
Ohio river.
early day thereafter. ask leave introduce bill to
grant the State of Missouri for certain specified objects
OF internal Improvement an amount of land. which. add
poses. will make the whole quantity granted to her equal
in proportion 10 her 10 the quantity OF land granted
10 any other State for the like purposes.
MIR. CHASE gave notice that he wond tomorrow, or
some day thereafter, ask leave introduce bill to
change the times OF holding the circuit and district courts
Of the United States wiiLd State of Ohio, and to
large the jurisdiction OF the circuit court
Also that he would ask leave to introduce bill to
duce the price OF the public lands within the limits of the
State OF Ohio TO rate not exceeding one dollar and
,wentyf per acre, and conning the whole Of
said lands 10 actual settlers in tracts not exceeding
huodred and sixty acres for any person family
REGULATION or APPEALS TO THE SUPREME COURT OF THE
UNITED STATES.
On motion by MIR. WALKER, the Senate took up the
bill to regulate appeals from the trial OF issues in the
District OF Columbia, WINCH having been read the second
time. was considered as in committee OF the whole.
Mr.. BUTLER. IL Is proper, sir that. as chairman OF
the committee should say few words in explanation,
as am opposed TO the amendment introduced by the
senator from Wisconsin, [Mr. WALKrR,l and which
believe is advocated by some OF the members OF the
mittee The general case turns upon this Cases are
very frequently tried in the orphans court, OF will
will, and other questions OF that kind An appeal is
taken TO the circuit court where the issues and the
same Questions submitted 10 the jury, under tbe in
sructons OF course OF judge, according TO the
OF common law Well, s this bill proposes 10 act pro-
spectveytha Ia in all hereafter arising in the
phans court or all questions directed from chancery which
shall 20 10 The jury that they may be taken up 10 the
Supreme Court OF the United States upon the limitations
and restrictions which contained the bill This is
proper enough-that prospectyey We should give the
right OF appeal from the verdict oil jury had before the
circuit court.
The amendments however. 20 further. The first
amendment which the committee struck out embraces
which have already occurred and which have been
decided. You will observe, Mr.. President and the
Senate will observe, that, n all which have
which may hereafter ARISE is the language OF the amend
ment The committee struck that out so a. 10 exclude
the which have arisen hercioofe and OF course
the same remarks will apply TO the other amendments
which have been introduced
am, myself, MIR President, utterly opposed TO any OF
this retrospective legislation, going back 10 give the
right OF appeal wrt ol TO parties whose rights
have been ad idicaied under the existing system While
am perfectly willing TO give parties hereafter right TO
go TO the Sulseme Court, am unwilling TO interfere
with the vested rights under the existing law This pre-
.ents the issue and the before The Senate whether
shall 80 hack and give writ OF error 10 parties
whose rights have been decided FIVE years ago, whether
we shall confne to the import OF the bill ITSELF TO have
prospective operation. will hear The gentleman;
wish do nothing than 10 present The points at
issue in tho amendment.
MIR. WALKER am aware, sir, that TO disturb the
views OF the senator from South Carolina Mr BurLERl
on vested rights is TO do thing which, under ordinary
circumstances wrong; but am not so well SATISFIED
that IL the duty OF Congress, or oil any other egs-
ative body, TO vested wrongs H. under the or.
ganzaon Of the District Of Columbia tigants in this
Court have sustained wrongs which they ought at the
time 10 have bad the OF remedyng. IL u improper
that Congress should step in and give the very means
that are given almost every other jurisdiction or which
il is proper should be given IN every other, and IN ihs
also cannot see that the orphans Of this bill TALL within
the category the class Of ligants mentioned by the