Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22

- 49, az d;;on ~ the nnreme Court There dozens
Of such here every term The oni'eo o,e su iu
$500 worth of duties which the defendant says ne law does
not oblre him TO pay He pays the money, however, and
hen brings an action TO back Neither party can
appeal or bring writ of from the Judgment Of the
Circuit court in within this amount aad therefore the
practice is very common one the Judges dnes pro Or1na
and certify that difference Now, the law of 1888 passed
70 bring questions arising under laws and treaties and
from the State the Supreme court This bill does
not touch that not at all know that there Is an
inconvenience felt from the limitation. II is difficult to
get decision sometimes, important principle, for the
want Of sufficiently large amount but that has never led
Congress to alter the Instead Of that there is strong
disposition increase the which will entle parties to
appeal in order keep off small cases from the docket Of the
Supreme Court.
Mr.. CLAY. Mr.. President
M. HALE. Will the Senator allow me one moment
Mr.. CLAY. want but moment myself, and that Is to
say that both parties right The learned Senator to the
left r WEBsrER) is certainly right to the jurisdiction
Of the court but the gentleman before me Mr HALE) IS
right to the object though he has not used the proper
phraseoogy to embrace his object We might as Wen I'M
derstand this explicitly. If the bill stands as does
now, and constitutional question arises before the Territorial
courts unless the amount in value Is SlOVU you cannot
bring that constitutional question to the supreme court OF the
United States. Well, might as well talk plainly. sup
pose the question to arise whether slave carried into the
Territories and who his freedom there there under
the constitution or His value is not thousand dollars
You could settle the question of constitutional right under
the bill stands, unless the value OF the slave was
Hampshire make the right OF appeal and writ OF error
coextensve in the Territorial Courts with what they are in
Circuit Courts the United States and to do that seems to
me that change necessary the wording OF his amend
ment For one think the object should be accomplished
to secure the power testing in the Supreme Court OF the
United States the right under the constitutions carry slaves
into the Territory think that gentlemen on all sides OF the
chamber should vote for this amendment.
Mr.. HALE. With the consent Of the Senate, will with
draw this amendment and offer one a substitute
Mr.. CLAY. Oh, lake time.
Mr.. HALE. have got the amendment ready. The
section stands precisely in the words OF the Clay
ton compromise bill down the 3sth line Now, propose
to amend bill make this section identical with that
in the Clayton compromise. To effect that purpose move
to insert the following words Immediately after the words
I" United States" in the 3sth line
"Except only that in all involving the title to slaves the
said wrts Of appeals shall be allowed and BY
the said Supreme Court without regard to the value Of the
matter property or title 10 controversy and except aso
that Of appeal shall also be allowed the SUI
Court of the United States from the decision of the said
Supreme Court created by this asst OF judge upon
writ of habeas CORPUS involving the question OF personal
freedom"
will read from the Journal of Congress of July 20, ls4s
"On motion of Mr. johnson, of Maryland amend the bill
by inserting in section a. at the end Of line 49, Except only
that in all involving the title slaves the said wrts OF
appeals shall be allowed and decided the said SUI
preme Court without regard the value Of the matter pro-
pey title in controversy and except ALSO that writ Of
appeal shall also be allowed the Supreme Court of
the United States from the decision of the said Supreme
Court created by this act of Judge writ OF
ha6eas corpus involving the question Of personal freedom
ssThose who voted in the affirmative are
Messrs Allen Atherton Badger, Berrien Clarke Clay
ton Corwn Davis Of Massachusetts Dayton, Dix, Dodge.
Of Maryland, johnson, of Louisiana King Mangum,
Metcae, Miller, Niles, Phelps Rusk, Spruance Sturgeon
Upham, and Walker"
After further debate the question taken this
amendment, and it was agreed to-
Mr.. sOULE. Mr. President, offer the following amend
ment
Section line g. add after the word Utah" follows
dvuha dpffnd he bR
Union with without slavery, their constitution may
scribe at the time of their admission"
Mr.. SOULE. The object of this amendment, Mr. Pre-
sden to ascertain what meaning the Committee of Thr
teen and those who may for the bill reported by the
Committee of Thirteen, attach to the clauses respecting the
Territories Of Utah and New Mexico. am compelled to
introduce this amendment in the same language which was
used in the of Texas My object to see whether we
these Territories hereafter the right Of COM
ing into the Union with without slavery, they may
deem fit and they may make known through their cons
tuions.
Mr.. HALE. Mr.. President, want to say word or two
this amendment suppose that all the power this Con-
gess any other Congress- have concerning the admission
Of States from the constitution. 1t is perfectly
idle for this Congress say upon what future Con-
gress shall admit State into this Unon unless at
tempt made to put it in the form of compact treaty
Now, do not understand that are making treaty with
Utah New Mexico The argument that underakest give
any Binding efficacy to the resolutions for the annexation OF
Texas in this paicular-and does strike with any
force a-s that making treaty with another
o and that Texas having performed its part and come into
the Unon are bound by part. If understand it,
that is the argument by which force attempted to be given
these provisions in the resolutions annexng Texas to the
United States.
But here naked attempt to make this Congress say
upon what future Congress- that sit perhaps
some twenty years from now shall admit State into
the Union 1t to be altogether nugaory and
think stretching power altogether beyond the constu
ton When Utah presents herself for admission into the
Unon she will probably address herself to the Congress then
in session. and that Congress- then session. most probably
will not trouble itself by looking back upon what this Con-
gross thought about it. Inasmuch the amendment will be
nugatoy, and have binding force am opposed to in
sertng it in the BILL
Mr.. DAYTON. Mr.. President desire only to state that
do not mean to vote sgainst this amendment nor do mean
to for it. 1t that there is great truth in the
remark Of the Senator from New Hampshire that any thing
we do the subject will be utterly nugaoy take it for
granted that when Utah shall present herself as State for
admission into the Union, she will come in either with or
without slavery, she desires But representing the section
of the country that do, and when know that if vote
idea, do not to be thrown in false position There
FORE will not vote against the amendment do mean TO
vote in its favor.
Mr.. CLAY. Mr.. President have risen merely 10 say
that after expressing the opinion which did, after adverting
to the report did, in the remarks Of the honor
able Senator from Louisiana that the committee had foborne
TO make any expression Of opinion have sort Of
objection the amendment under consideration This is
Of the class of amendments which consider altogether un
portant it Of that class for against which will
ling to vote will best satisfy the scruples of gentlemen
stand ready to vote for this amendment
M SOJJLE Mr. President il Is unnecessary for me 10