The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-16

ers Of The county and had then sold the wheat to
BY the nsnls Of Bolt IN Ohio. who brought an action OF
repe yh iog the " heat Before the writ was executed
pretty Such whole county surrounded the warehouse
in waeh the wheat was stored and when the marshal
received the writ he found impossible to execute lie
consulted the district dge oil our State who advised nm
10 call out A military company from The CITY OF Mwau-
kie The company called out, and with arms ~
their hands they succeeded in getting 10 The warehouse
executing the writ OF replevln, putting the wheat on
board OF vessel and taking 1t away For this they re-
ceiveJ no compensation They were detained IN execu-
ling The writ about three days, aud were put TO cohsdea
BILE expense Most OF the members OF The company were
either merchants traders, mechanics. taken al mo-
meats warning from Their business and marched iioih
Milwaukee 10 Racine, at their own expense, AS YET
authorizing their payment These are The facs oil the
case Whether the Senale will consent that provision
may be made for It as retrospective operation or NOT
do not know But il will be perceived there is no law
upon the subject, might be we'll To pass law fof tue
future, for very likely 10 have great many cases
where it may be necessary in executing United
States process to have these companies called out H. IN
enforcing the execution oil the rights OF the United States
il is necessary call the military OF the county, and
il is done, would seem to be but right that thai military
should be paid particularly the independent companies
Mr., BERRlEN, This is a bill TO regulate The fees OF
the different officers engaged in the administration OF jus
tce. The case which has been stated BY the senator
from Wisconsin, is properly subject for distinct legsa-
ton. but il does not nghtfully belong to this bill.
MIR WALKER. As "a claim, il might not belong to this
BILL and do not contend strongly Tor It, This clam was
referred the Committee the Judiciary at the last
session of Congress. They bestowed attention upon
but simply reported the papers back to The Senate and
asked be discharged from its consideration Here IS
bill TO which wish to have this principle attached. But
il il is be made applicable TO this particular case
then strike that part Of the provision which gives il
retrospective aetion-srke out The words " may have
been - and let it be applicable TO the future alone
Mr.. TURNEY. think the amendment provides too
much compensation, at all events-tha is, $3 day and
their expenses Now, lhink that " day and roast
Deer' would be ample compensation [Laughier,l
Mr.. WALKER. | am perfectly willing 10 have tina,
sum put in. had idea, in the first place. OF leaving
\ a.. kntt.
am perfectly willing. will only say, however, that il
independent company Tennessee any other State
in that directions had been so employed and expense
such appropriation az this would be passed by the
Senate with the utmost cheerfulness. 1t only remains
with say whether this company shall or shall
not be remunerated for their services.
Mr.. BORLAND. | desire TO say word upon this
NATTER shall vote against the amendment In doing
so will be upon this ground, that do not understand
that the marshal OF the United States call out mill
tary force apprehend that he simply summoned posse
in this case and found military company in Milwaukee
who willing to go in that capacity. to enable him to
execute the laws not aware that II IS customary e
call oHt the military to execute these laws; and even
il were. this company is not in the military service Of
Mr WALKER Here was riot and mob-one which
Il was evidently the duty OF The marshal to overcome
Suppose that he had not executed this writ, pray wha
excuse could he have returned Tor not doing SO And
you will hold him responsible for not executing writ
and when he has done by the best in his power
you refuse to make rule by which the force called out to
sustain his authority shall be fined.
The question being taken on the amendment offered by
MIR. WALKER, il was rejected
Mr. HAMLlN. propose 10 amend the bill by adding
after line 1870, section lst the following amendment
which will send 10 the Chair will then make mo-
ton to adjourn. The amendment which propose is as
follows
"Aud provided in all where said offices Of circuit
and clerk shall be held by person, and the fees
and The reut shah hive hundred
dollars per there shall be paid out OF the
such sum as viii make hls CONDENSATION five hund1e dol
lars and said provision shall apply each oil said Offices
respectively when held by differ persons and the clerks
OF the circuit be, and they hereby made eeio
commissioners take acknowiedg OF bail and aida
wis., and Also to take de POSITIONS Ia civil cases.
On motion, the Senate adjourned.