The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06

m.l now 10 ask questions OF ihs Chair | think the
amendment OF The gentlemen from Connecticut very
nropsr and ought TO be adopted. bat doubt very much
whether 1t goss isr enough and my object now Is to
make = suggestion on the subject. 4o,.. s.g.5 .
The bill OF the committee. as II will stand with this
.ms0dnsnt will provide that II decision be rendered
the claimant he may prosecute The BY appeal
~ The Supreme Couu Of the United States, on giving
ssch security may be prescribed BY the district court
Snuoee he unable give security Tor the COSTS what
= 10 be done then lie prosecute his case TO the
SuDree Court, and know OF no provision in the bill
for bringing up the by writ of error am inclined
70 think there ought TO ne provision TO bring up The
case by writ OF error for, unless make some pro-
vision on the subject there Is danger OF the bill operating
IN this way You decide against claimant and you
give him but remedy and that Is by an appeal and
Won reoure him to give bonds security which he may
he unable 10 give aud consequently cannot prosecute his
appeal The man, therefore, loses his claim, though IT
be Just one consequence OF his poverty Now, The
annexation wanted TO make To the Senate 49, ought you
ao 10 allow the usual tenn OF three or i've years TO bring
40 the case by wr, or giving the party some little
time 10 escape the effects of his condition in prose-
cutting his rights had drawn up an amendment to
that effect and think The friends Of the bill-and am
entirely friendly TO thought 10 give party against
whom decisioa is made chance 10 AVOID The effects Of
his inability to give security Tor COSTS AS the Dali VIII
he omen 10 amendment when II shall have been reported
10 the Senate and my friend from California has given
uo,ice that he will ask that all these amendments may
be printed that senators ,,ay what they make
hese sgg ss,ions with the hope that Of The gentle
men in charge OF the bill may turn their attention the
proprieiy OF providing for writ OF error II other
Gentleman will do it, perhaps will myself AT the proper
lime offer an amendment for that purpose
MI BERRIEN The question now before the Senate
ia upon the amendment moved by the senator from Con-
aeccu the effect and operation of which s, that party
shall be allowed to enter an appeal from the decision Of
the district court without the ment OF the cests which
may have accrued anterior TO The judgment in that
know there great diversity of practice in the Of
the different States, and gentlemen will probably consider
as Just and proper that OF practice 10 which they
have been accustomed In some Of the States appeals
permitted to be entered without In other States.
where they are also matter Of right they requedto
be preceded by the payment OF the which have &C
crued. Which Of these two courses the Senate may be
disposed 10 adopt in this il will be for them to de-
eide But think the Senate will not require that the
costs during the progress Of the through the district
court, shall be delayed in the receipt of their until
the final decision OF the by the Supreme Court.
understand the practice to be variable in the different
States In some cases costs required to be paid
other cases they are not required In States where
they not required to be paid provision made that
the officers may proceed 70 collect their costs. nowth
standing the tendency OF the appeal Some provision of
that sort therefore, ought to be made The manner in
which il may be made is perfectly Indifferent to me,
cept matter OF justice The clerk and the marshal
COSTS should be delayed in their receipt until some
two or three, or four years, when the may be dec
ded in the Supreme Court Then. besides, the amend
ment OF the senator from Connecticut be adopted provs
must be made somewhat 10 this effect: that for all
costs which may have accrued in the district
lion may issue, notwithstanding this other provision
It's perfectly Indifferent 10 me what course the Senate
may adopt on the SUBJECT but think they will the
justice and propriey OF providing that those officers who
their costs in the district court shall be kept
of Them during n,s, the tendency Of the appeal
Mr. BALDWIN. In the amendment now offered to
the Senate the words thereafter to accrue stricken
out thai the security required to be given is security
for the payment OF all costs in The event OF the Judgment
Of the district court being affirmed BY the Supreme Cout
MI BERRIEN Snll that will have the effect OF keep
ing these officers of the district OF their money
during the tendency Of the appeal The question for the
Senate 10 decide whether that is right Ii they decide
that it then the amendment will require be amended
by adding something like this: and such security for
costs, as we'll in the district in the Supreme Court
said court shall prescribe"
will not have the effect Of preventing the officers of the
court from collecting their fees while appeals pending
Certainly not, # the system which have in my view
shall apply to the regulation OF the practice in California
suppose that there either or will be system by which
officers California collect their fees as well as off
GERS everywhere else in the United States. II marshal
clerk shall render services for tigant while suit
pending that marshal that clerk will not postpone
the collection OF his fees until the Supreme Court decides
the appeal but he will have right under the law to
clam payment for the services rendered from the party in
whose behalf the services were rendered Suppose and
are the igants the court decide against If takes
an appeal, he will suspend the collection OF the costs
which is entitled to recover BY execution against him,
until the Supreme Court finally determines and il would
moi be night to let pay the until it was finally
settled that justice required he should par, with the
money.
Tue eneCt - tual ne pO6tPOnes Inc responsibility TO
his adversary until the court oil Ultimate has deter
mined that justice requires he shall pay the costs OF the
litigation IL is universal principle when you allow
appellate court TO revise the proceedings OF inferior u
nsdcton, and when the jurisdiction attaches the APP
Peaie court giving 10 the suio the benefit of taking his
case before higher court, If the is foaly deter.
mined against him, he is made responsible TO his adve
saries In the mean time, he pays every officer of the
court that renders service Tor him. and does his adver
sary but this taxation ultimately falls upon the
csesiu party after the shall have been finally de-
cted That the course ought 10 take and that will
be the case il you adopt the amendment of the
IRON Connecticut can objection TO the mend.
rnent, and hope il viii be adopted
The question being taken upon the amendment pro.
posed by Mr. BALDWIN IT was agreed 10
Mr.. BERRlEN ] nov move TO amend the section by
inserting the words IN the district and Supreme Court
alter the void "costs"
II will then read
Grant an appeal 10 the Snpreme Court Of the Uoited
states on payment Of such reasonable in the district
and Supreme Court shall be allowed by the court and
on such security for costs thereafter the said
court shall prescribe f"
Thequeslion being taken on the amendment, it was
agreed 10.
The question being then taken upon the amendment
reported by The committee, amended by the Senate, It
was adopted
The bill as amended was then reported 10 the Senate
Mr. GWlN now move that the further consnera.
,on OF this bill be postponed Till tomorrow, and that it
DC printed as has been amended, in order that may
have upon tables in the morning. and be able to
vote upon il knowingly
l ne mohon 10 postpone and PRINT was agreed 10.
On motion, the Senate adjourned.
WEDNESDAY. FEBRUARY S, 1851.
Mr., DODGE, OF Wisconsin. Mr. President, / ask leave
70 Introduce joint resolution OF The Legislature OF the
state oil Wisconsin in relation TO the Hon Isaac WALK
tR, my colleague ask that IL may be read and placed