The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-17

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by the laws Of the State 10 which the held ior
service In the OF such State OF general original iu
risdiction."
The object OF that amendment IS to cover not pro-
vlded for BY this bill There some services required
IN the courts OF the United States which similar 10
those required in the State courts IN which that Uaied
States court may be held. In Missouri. for example
aud perhaps in some OF the other States. the marshas
deed when he conveys lands sold under execution has
by law necessarily 10 be acknowledged before and cer
ned 10 by the clerk OF the court Out OF which the execu-
lion issues This bill provides no lee Tor that service.
Ii often happens that surveys must be copied in the
transcript of the record and no lee provided IN this bill
for that The sole object OF the amendment is in cases
where specific lee is provided TO allow the lee granted
by the local laws for similar service.
Mr.. BRADBURY The effect OF the amendment OF
the senator from Missouri would be equivalent TO saying
at the end of the bill, provided this act shall have
effect" The difficulty under which now labor is
that there is general provision of law, that for services
not specifically provided for, The compensation shall be
governed by that allow ed in the State courts and under
that provision if the Stale courts have gone and cut
down the compensation, the costs have remained, and
great abuses have grown up by allowing such enormous
compensation claimed in New York under precise
y similar phraseoogy There a district attorney has
claimed $500 or $500 in single case appeal TO the
senator from Missouri not to press his amendment, and
II in particular cases experience shall show the necessity
of making any change. il can then be made but do not
let destroy this bill by inserting this phraseoogy
Mr.. GEYER. apprehend that the defect in the law,
as il now stands is that does not specify cases; that
il does not Tx specifically the fees, this bill does This
bill, in the clause which follows the part in which pro-
pose TO insert this amendment, imposes heavy penalty
upon any cerk, marshal, attorney, who shall charge
any other greater fees than allowed by this act
The bill intended 10 all cases but has left
several of which have named, and will only
be in for which this act does not provides and in
which there is a State law that the amendment will APP
ply The itself will all where the fee is
specified but if fee is not provided, the State law
will apply, If there be one.
Mr. BRADBURY | wish to make an explanation.
We give single item OF docket fee full compensa-
ton for the Attorney Now in the State courts they have
no such item; and in nine out of ten the compen-
sation is made up OF little Items therefore the effect Of
this amendment would be- in addition to that docket lee,
to give the various allowed by the States, and thus
make the law infinitely worse than that which exists al
present
The amendment was rejected.
Mr. WELLER have amendment which desire
to submit, which, my Judgment, becomes necessary
under The existing law II Is to add the following
additional section
SEC Ind be ii further enacted That the tenth section
of the approved September 2Sh 1850, entitled An act
provide Tor extending the laws and Judicial system Of
the United States the State OF California DO amend
ed confer the district court for the State OF Cao
MIA jurisdiction in all criminal cases, as fully and COM
peteiy as is conferred by law upon the district or circuit
court Tor the State OF New York.
| would simply remark that the act, which l seek to
amend coners jurisdiction only in civil cases My OBJ
ec is to confer jurisdiction in criminal cases. tor, under
ha, law, the district of California cannot trya case
of murder upon the high seas
Ar. BUTLER The honorable senator from Caifor-
MIA consulted upon that subject do not know
how the omission occurred in the other act. | did
draw up myself though believe the bill passed
through my hands think II eminently proper that the
district courts OF California should have jurisdiction in
criminal She is at considerable distance, and
suppose there will be as many murders upon the high
there anyw here.
The amendment agreed TO.
Mr.. MALLORY There various small amend
mens which desire 10 offer TO the bill, but do moi like
to embarass H. because really wish IT TO pass There
is one amendment. however, which am confident the
committee would have inserted, II their attention had
been called TO it, 1t is 10 insert in line thirty four. page
eight OF the BILL after the words "for every the words
"monon in admiralty, two dollars" The bill in that
line provides that for every proclamation thirty cents shall
be paid. There are great many proclamaons in adnl-
rally for which thirty cents would be ample compensa
ton but this is provision for monition which is
at the command OF the courts by the executive o
of the courts which is notice to all the world, and
is sometimes abstract OF a libel which may be twenty
pages in length and for which thirty would be no
compensation whatever. simply ask that the words
have named may be inserted, and that is the only
amendment which VIII ask the SENATE 10 consider al
this time
The amendment, was not agreed to.
Mr.. BROOKE. | wish simply to ask the honorable
senator who has charge OF this bill for explanation OF
the effect OF the provision on page four, which reads
thus
% Whenever more things, belonging to the
person persons, shall be, seized f1I alleged
violation OF the laws, the whole shall be included
in and II included. and separate actions
are prosecuted, the court may consolidate them"
What want to know is, whether this provision ap.
sells wan, to know whether the law will reqare or
permit the court 10 consolidate the actions IN such
as that
Mr. BRADBURY. Not at all. Ii only leaves il for
the court TO consolidate when the should be
sollda,ed in order avoid beng five hundred chests
OF tea, for example, under five hundred separate bes
Mr. BROOKE There is one other question relating
to The phraseology OF the bill
Mr. BRADBURY. have nothing TO do with that
Mr. BROOKE. l wish to ask question respecting
the provso the fourteenth page, which IS in these
words
PROVIDED, That when the compensation Of any clerk
shall be less than five hundred dollars per the diff
officer Of the treasury shall be paid TO him thererom"
From what From the sum "less than five hundred
dollars p
Mr. BRADBURY From The "trcasury''
Mr.. BROOKE, That is not the way it reads
Mr. BADGER lin bis scat.) You are bypercritlcal.
The bill then reported 10 the Senate amended,
and the amendments were concurred in. The amend
ments ordered TO be engrossed, and the ball 10
be read third time. 1t was then read a third time
and passed.
Mt ADAMS. Before the question is taken on the IL
tie OF the bill. wish to suggest an amendment to it.
think the title OF bill should always indicate the con
tents OF the bill. propose, therefore, that instead OF
the words and for other purposes there be inserted the
words "and for the benefit OF attorneys"
The amendment rejected, and the title agreed
10.
MILITARY BILLS.
Mr. SHIELDS | wish TO call up several military
bills which were made the special order of the day for to-
day The day has been partly consumed, but hope
there is time enough to get through with them yet There
are five OF these bills and the first which desire TO be
up is Senate bill No. ALB, 10 repeal the several
acls organizing the staff departments of the army therein
mentioned and to provide for the discharge OF the duties