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

Mr. fULEE Very Wen am VIKING -
Rs,sis.d Tha, when the Senate adjourn Th.rdsy
next be meet The Monday following. AZ ~ O'Clock
Mr. CLAY. l withdraw my call for the yeas and
'- fhs VICE PRESIDENT. This can only be done BY
Mr. UNDERWOOD Let the order for the yeas and
a, The VICE PRESIDENT The withdrawal is object
ed to- The yeas aAd nays are ordered.
Mr. BERRIEN. Do understand that the call for the
yeas and nays cannot be Withdrawn without unanimous
The VICE PRESIDENT. Not after ,hey have been
ordered ANY twelve senators call for the yeas and
nays but the Chair tell what twelve called for
them Therefore the call cannot be then Withdrawn with
The question being then taken upon the resolution il
was adopted-ycas 81, nays 10, as follows:
yEAs-Msssrs, A,chison. Badger, Baldwin, Bell, Ber-
Dawson Dayton Dodge q Iowa, Downs Fe'ch
Hoots, Greene Hale Heatsr King Mason Morton Pearce,
Surgeon Wales, and laes--si S''''''' S'''a''s'
Bright, Cooper, Davis of Massachusetts.
ham, Walker, and Whtcomb-io.
cALIroRNIA-TERRIroRIAL Observation-Disclosures
The Senate them in committee Of the WHOLE resumed
the consideration Of The bill for the admission OF Cafor-
eFaments for Utah and New Mexico and making pfopo-
sails TO Texas for the settlement Of her western and
northern boundariesthe question pending. being upon
the following amendment, submitted by Mr.. HALE on
yesterday, viz
Strike Of the 18th section from the word "where" in
the 3sh line. the word dollars" In the AL lne ncu
Supreme Court Of The United States would have arisdic
son said cases had arisen in any one Of tho United
The following is the paragraph proposed 10 be amended.
the words stricken out being in brackets;
Wits Of error and appeals from the nal decisions Of said
Supreme Court shall b allowed and may be taken 10 the
and under the regulations as from the circuit courts
q he Unsd STATES. fwnsre value oi The property
.hsil exceed dollars j and eaoh Of the said
district courts shall have, DO.
The amendment having been read,
Mi. HALE said II senators have looked over the col
umns Of the National Intelligencer this morning. they
fecty Ineligible The object OF il is simply this: The
&C., g ! stands gives appellate jurisdiction o ne
property exceeds $1,000 Il will be by the constitu
lion Of the United States that there is range Of
the States, where the Supreme Court OF the United
States has appellate Jurisdiction. where the amount does
not TO 81. 000where, for instance, it is right
claimed under the law statute OF the United States
The object Of this amendment to put the appellate pow
Of the Supreme Court Of the United States in theer
Yitoriss upon The same footing as i is IN the States
Mr.. CLAY. believe there is no well-founded obiec-
ton % the amendment proposed BY the senator from New
improve the BILL for the opponents have heretofore been
uIgng .mendments % make 4 worse am happy % see
now ms sp. . me si ana think Inc senator
Mr. BERRIEN / should be glad to hear explana-
ien from the mover of this amendment
MIR. HALE. Il will be found, Mr. President, by ref
erence the constitution Of the United Saes that the orr
gna jurisdiction of the Supreme Court OF the United States
10 exceedingly mitedconhned TO Of ambassadors,
ministers, consusand where the States parties to
asut But they have appellate jurisdiction in other cases.
under such regulations Congress shall make Congress
have ~ legislation given appellate jurisdiction to the SUI
preme Court need not refer the senator from Georgia
to cases where there is right claimed BY the law OF
the United States, when the decision is against the party
~ patent casesa great mass Of lays
preme Court Of the United States which would not be
given The had occurred in the Territories, unless
in hs respect upon The same footing with the
people Of The States That is all Of it
Mr. BERRlEN As it strikes me. upon moments
reec0n the amendment is unnecessary for the purpose
given. The difficulty which the senator seeks to pro.
vide against is in in which appeals transferred
from the supreme Jurisdiction Of State courts to the Su
preme Court OF the United States The courts of the
Territories have not been considered the inferior courts
from which appeals be taken In regard
q ssos q he nsyd nsy e.
ken then. from them in every in which the Supreme
Court could exercise Jurisdictions and therefore the
amendment 10 unnecessary Il will defeat the object
understand IT, which the senator has 10 view The appeal
provislonal, when the amount shall reach 81 ,000
Where that amount is in controversy. by the bill an
appeal may be taken but il the amendment prevails, the
appeal cannot be taken unless the sum amounts to
e20o0 for that the amount required for appeal from
the circuit OF the United States repeat that the
jurisdiction Of The Supreme Court Of the United States
would in the first place. apply to all the provided for
BY the amendment and the second place. that the right
Of appeal ID limited instead of being enlarged
Mr.. HALE do not understand II 90, Mr. President;
but leaving that entirely Of the case, do under
stand the law TO be claimed By anybody that these courts
are TO all ntents and purposes, courts OF the United
the courts Of the United States apply these
Mr.. BERRIEN. That is not II they courts estab-
lished 81 the authority OF the United States
Mr.. HALE OF course.
Nj. BERRIEN, (continuing.) And where the trial in
wolves the necessary amount, the appeal made the
Supreme Court OF the United States.
Mr. HALE. Now, cir, II understand the matter, il
stands thus As this bill stands, there appeal from
hesupFeme court creaiedby this in this Territory the
Supgeme Court Of the United States, except in solitary
cases where the amount OF property in issue is 81 900,
which the Supreme Court OF the United States have APP
peae jurisdiction created by this act for this Territory
Now, Ell, there is vast range OF in the States
where the Supreme Court Of the United States has APP
palate jurisdiction, although the value OF the properly
may not be 81. My objecin this amendment is 10 put
czons Of this Territory upon precisely the same foot
ing with the citizens OF the States For instance take
cas- thai lately came up from Massachusetts, and New
York, Of imposing tax upon alien passengers Take the
c.se also. Of the act passed in several other States nvol
wing the constiuonaiity Of the license laws imposed
cd that those in the district the district
whers there are State courts. II the bill sands as
d now they will be supreme in all matters in the Ter
rsory. in which The value involved ia the controversy s
not AIRED BY aadavit At 81 900 have another amend
ment TO ofcs, IN this is not agreed to.
Mr. WALKER. wish 10 understand the matter III
DO understand il. think il proper that il should be
made The appellate jurisdiction OF the Supreme Court
regolaed BY various sets Of facts One case IT, where