Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22
CONGRESS.
IN SENATE.
JUNE I5.--In CONTINUATION.

SATURDAY, JUNE l5.--Ln continuation.
The Senate then proceeded the consideration Of the hi
for the admission of California State into the Union 10 a.
tabish Territorial Governments for Utah and New Mer;co
and making proposals to Texas for the establishment Of he
western and northern boundaries
The pending motion was the following amendment Offered
by Mr. HALE
To amend the 3Oh section which establishes the udca
power of the Territory, by striking out in line 3sth the wore
WHERE" and the 39th 4Oh and 4st lines to the wori
ssand," in the AID line, and insert
In all cases in which said Supreme Court of the United
States would have Jurisdiction said had arisen in
ofthe United States"
The words to be stricken out the allowing:
Where the value the property the contro-
very be asceraned BY the oath affirmation of either
party, other competent witness, shall exceed $1,000"
If amended proposed, that part Of the section will read
thus
said Supreme Court shall be allowed and may taken to the
Supreme Court Of the United States the me manner and
under the regulations from the Circuit Courts Of
United States in all cases in which said Supreme Court Of
the United States would have jurisdiction II said case had
arisen in any Of the United States.'
Mr. HALE Iany gentleman has taken the pains to read
the report Of proceedings Of yesterday the National In
tegencer Of tbs morning, the purpose o this amendment
will be perfectly ineligible to him. The object Of il Is SIM
ply this The h il stands gives appellate urisdc
ton the Supeme Court Of the United States in all
where the amount Of property involved exceeds thousand
dollars II will be by the constitution Of the United
the Supreme Court the United States has appellate urisdc
ton, where the amount involved does up two
thousand dollars SUCH for instance, all where
right claimed under the Of the United States
The object of this amendment is simply put the appellate
power of the Supreme Court of the United States on the
footing in the Territories in the States
Mr.. CLAY | believe there is no welounded objection
to the amendment proposed by the Senator from New Hamp
sphire and am glad to arising in him spirit of improve
men of the BILL AT first, he and Of his cooperators
wanted to make the bill bad possible and voted against
il piecemeal whole But this is effort to improve
it. and think the Senator ought to be encouraged init IA
laugh. / shall therefore vote for his amendment
Mr.. BERRIEN. should be glad to hear from the Sena-
tor from New Hampshire (r. HALE) explanation of the
object of this amendment.
Mr.. HALE. ! will endeuvor to explain it. It will be
found reference the Constitution Of the United States
that the original jurisdiction Of the Supreme Court Of the
United States is exceedingly limited 1t is confined
affecting ambassadors public minister's and consus and
in which States parties to the suit These the only
cases IN which the Supreme Court Of the United States has
original jurisdiction. Then they have appellate jurisdiction
in other cases. both law and fact with such exceptions
and under such regulations Congress shall appoint need
not refer the Senator from Georgia to the in which Con-
gess BY general legislation has given appellate jurisdiction
the Supreme Court. He knows them we'll In any case
where there is right claimed under the laws Of the United
States, where the decision by the State is against the
party, the parties have the right of appeal also in all
Of patent laws and excise laws in the States But Of
this kind occurring in the Territories could not be brought up
erred by this and the object of this amendment simply
to put the people of the Territories the footing the
people Of the States in relation to the appellate jurisdiction of
the Supreme Court of the United States
Mr. BERRIEN. The amendment is in my opinion unne-
cessa for the accomplishment of the object which the sena
tor from New Hampshire has in view The difficulty which
he seeks to provide against is in in which appeals
transferred from the supreme jurisdiction of the State courts
to the Supreme Court Of the United States They
in which appeals taken from the distinct jurisdiction fthe
State to the Supreme Court of the United States The
courts of the Territories from which the appeals have been
taken have not been considered the inferior from
which appeals be taken. But in regard to the courts
tabshed in the Territories they established by the
authority Of the United States and appeal could be taken from
them course in the various in which the Supreme
Court exercise jurisdiction. The amendment therefore,
is unnecessary and will defeat certain extent the object
which the Senator has in vew Congress has already fixed
the necessary enie this appeal from the Terrific
rial courts. BY the bill originally stood appeal
be taken in every involving the amount Of $1,000 but
If the amendment PREVAILS appeal be taken unless the
sum amounts to $2000 because that the regulation
gard appeals from the circuit of the United States
submit them the first place, that the jurisdiction Of the Su
peme Court OF the United States applies all the that
this amendment will provide for and in the second place that
its effect will be to limit the power Of appeal instead Of
larging it.
Mr.. HALE. do not understand il so. do not under
stand how be stated by any body these courts
to all ntens and courts Of the United States and
that all acts regulating appeals from all the Of the
Mr.. BERRIEN That is said but they are courts es-
abshed by the authority Of the United States and are pro-
vded for without special provision and any which
there involving the necessary may necessity
be brought to the Supreme Court Of the United States
Mr.. HALE. Then, if understand the matter it stands
thus THERE'S appeal this bill stands from the Supreme
Court created by this for this Territory to the Supreme
Court Of the United States the solitary case where
the amount Of property 000 be ascertaned by ada
Wit that is the only case in which the Supreme Court of the
United States has appellate jurisdiction from the Supreme
Court created by this act for this Territory Now there is
vast range of in the States where the Supreme Court
the United States has appellate urdcton although the value
of the property might be FIVE dollars My object in this
amendment to put the citizens of this Territory upon pre-
csey that footing which the citizens Of the States are
For instance, take the that lately up from Massa
chusetts and New York. imposing alien passengers
take the also that here from several other States
involving the constuonaty Of license laws imposed and
there great variety Of other be recoected
that these courts in the Territories will have the jurisdiction
which the State District and Circuit courts have in the
States, and the bill stands now they will be supreme
the Territories in all matters in which the value Of the pro-
perry in controversy not fixed by affidavit at
Mr.. WALKER. l wish to know if understand the
amendment rightly because, i'll do think il very proper
one to he made. The appellate jurisdiction Of the Supreme
Court, as understand it, is regulated by various of facts
One case is where the appellant declares upon affidavit that
certain amount another oacs where the
structon OF the constitution and laws of the United States in
volved Well understand this bill, gives appealonly on
that cases where amount involved it. Now,
remarked by the Senator from New Hampshire there
various cases in which the facts may depend consuc
ton another Of the constitution or Of the laws Of the
United States but where there may be apprecbe value
egsrd to the property which be presented by affidavit
in other way Such that oughtn my opinion to
to the Supreme Court Of the United States be decided as
derner resort but this bill evidently does provide for that
and can get atthe jurisdiction Of such
this, not falling within the category of cases which the