The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-04

nit them to the senator from Illinois. INr. DoUsLAsl in
order thai he might also examine them.
Mr. DOUGLAS suggested then that the subject be lad
over Tor the present, and the bill was postponed nio
maly.
REmovAIs FROM qyYIcE
On motion by Mr.. BRADBURY. the resolution sub.
mued by him several months since, In relation 10 h
movas from Office, taken up. and made the special
order for tomorrow al half. past twelve O'Clock
RIGHT or APPEAL.
On motion by Mr.. DOWNS, the Senate. as in CON.
mtise Of the whole resumed the consideration Of H.
bill 70 regulate appeals from the trial OF issues in The
District oil Columbia.
The VICE PRESIDENT stated the question 10 i,
Judiciary providing that the act shall not have retro
specye effect
Mr. BUTLER undertook to explain that amendmep
upon former occasion The BILL as IL originally STOOD
proposed 10 give right Of appeal in all cases that hsy
occurred within the last live years The amendment i,
commended BY the COMMITTEES is to strike that retro
hefeaIler-to give the right OF appeal in all cases la
may hereafter arise and not in all which may have arisen
within the last five years.
Mr. WALKER |, will be perceived from what The hon. |
orable senator from Carolina has said that the operation
according 10 The amendment, will be TO deprive person,
whose have been heretofore decided OF the hem
d. Of an appeal Is TO take away refuse TO give lie
right OF appeal in cases which have been decided within
i've years ,lasi Now, this is questions plain onss
ten. which think wall require but discussion Gen
iemen have dwelt upon i long enough, think. For
Of giving this remedy to parties who have been decided
against In courts. and who believe that they have been
injured can see no danger 10 it, !, occurs to me that
u Is only those who are afraid 10 have The decisions Of
these cases 20 up II the decisions correct, they will
be affirmed II wrong, they viii be reversed
While am up. will refer 10 an argument Of the hon
orable senator IRON South Carolina, when the bill was
half 4 Ia IL uiv n
action. will be abuse Of the rights vested by the ds
eislons Of the courts here One was urged here
That case was one which went 10 the orphans courth.
question being whether there was or was not will
and whether or not there was a marriage. Now,
wish gentlemen whose minds dwelling without .
prejudice upon this case TO mark the objection Of The
honorable senator from South Carolina What is that
objection The issue in this case was, whether he,
not marriage and will. The widow, or The
one who claimed 10 be widow applied for letters oil ad
minstraon. She was entitled 10 them If she was
widow, under the law, in preference to any one else
The point was, whether there was or was not mar
risge. and the was taken from the orphans court
carried up 10 the circuit court and there decided against
the claimant. II is complained that there was great
error. Sill il decided that there not mar
rage. and consequently letters OF administration moi
granted 10 her. but 10 another Now, 1t will be know
moment thai II the decision Of the circuit court be re.
versed, does not undo one act OF the administrator
whom letters OF administration were granted. His
acts will stand II. upon a retria. : verdict Be
The individual who has hitherto had administration
will stand, bat letters OF administration will be granted
TO the widow. The act Of the administrator de faao
valid. for the law in reversing the decision does not
90 behind his act. but acts 10 turo Every lawyer will
know-and the senator from South Carolina pre-
emInently, from his rosIuonand will admit at once the
iact that II does not for moment set aside act Of the
administrator to whom letters were granted. But as far
the estate has not been administered the admins
lratrix will 20 on. and administer The rights OF parties
be affected 70 any sense OF the case BY the prov
nj afad ho dlVasa
The acts Of the first administrator. and those connec
with him, are IN no way affected by this bill.
Mr.. DOWNS When this case was up on former DAY,
the objection OF the honorable senator from South Carolina
urged upon the ground that il unconstitutional
dangerous or unssua TO legs with regard
that have already been decided Now sir. 10 show, as
commended then, that that opinion is not well founded
wish TO read TO the Senate extract from the opinion
The Supreme Court OF the United States, in relation to the
case which has been referred 10 BY the senator from
Wisconsin This case was once taken up to the Supreme
Court Of the United States and they decided that they had
no jurisdiction a. no writ Of error had been given
hem In that very case, they clearly suggested thai
remedy might be granted BY the legislature, and they re-
Ieued 10 the State OF Maryland having made povls
ON 10 that effect in similar case Here is the extract
Whatever erors therefore. may have been committed
and however apparent they may bs la the record ". w
nave MOI the power 70 correct them uness ms circuit co
The net OF assembly OF Maryland appears 10 have &C.
'eyed Ia practice IN ina. Ss,e The - ne ,na
the subject, but there 10 ground for surprising iaa
wTit e sued out under that law In ls
passed authorizing wr 81 error I'm such cases. and
staying proceedings in the inferior courts until decision
was had ia me appellate 90 'r aad this law embus.
Eases which had been tfcd before rs passage, as Wei
nose which should afterwards uAe place.
Now think that this authority is fully high in this
that OF the honorable senator from South Caron
they clearly contemplate that such thing is very con
non and IN fact required by justice The argument was
hat there a similar case in Maryland. and irou
courts in which the law similar 10 that in this Ds
riot. The Legislature PASSED law giving writ Of eno
he was taken up 10 higher curt. approved, an
had effect think therefore, that there can be no doub
as 10 the perfect popreiy Of the remedy IN cases Of ihn
kind.
This bill. or similar bill. has been before Congress 10
some time. AT former session OF Congress ball wa
on this subject BY OF the Senator's at ma
lime. from Maryland, Mr.. Johnson.l now Auonr
General OF the United States, which contained preesg
he same provisions az this BILL Here u the bill Of MI
Johnson, In is47
BE "a s.acfsd, &C.. That In all now psnding
which may hereafter arise where an issue of issues
,ss may b. by the orphans court OF the Dscs
os Wa,h.agon county and wss a say y,
Ter, any exception exceptions 10 any opinion o. inc -
before whom such issue issues shall be tried ancf vecs
ON prayed or wrt OF error saed by the parry exeepu
Aforesaid, Transcript Of the matter and proccednt'
circuit court and OF said bii or bills Of exception hs
Dy the clerk of said cour be transmitted 20 tue
preme Court OF the United Saics; and " ssid Supcn
Court override sny opinion Aforesaid OF said clfes
'our, said saPrems Court shall oy ofdsf o. msnas~
new trial. conformity with the opinion Of said sapfem
cour, each and every exception - taksn. and ~
ipon said circuit court shall proceed anew VIII me n'
'sld issue OF issues.
he honorable senator from South Carolina u uniounds
Certainly II II be competent for Congess-if there
no doubts when this matter up before, the uniye
expression Of opinion OF the people OF the District