The daily union., 1854-02-17

ac on the part OF foreign nation by being he originator
OF generous one ourselves Certainly, sr. can see
injury that would be likely TO result to the govern
ment Of the United States It's ciizsns, allowing this
bill 10 pass without any restriction Let any foreign
courts apply here, according to The terms OF this bill and
confer upon court The OF conforming 10 that
application what injury can grow out OF il None,
slT. E# E&H
Again. Mr.. President. il strikes that there laight be
question Of doubt 10 the popflety ui eonferfng
upon a nierenuay duties which clearly fall With
In the treaty making power. That Is not fatal oblec
ton, but II IS one which night produce, ii no, clash
ing OF power, al least such exefcise OF power by
the couris-and those, too the inferior courts of this
couniry--as IN given instance might perhaps be ques
onahle And, sir being unable to any reason what
ever or the retention OF ths restriction, shall feel my
sell bonnd unless some reasons can be given satisfactory
10 my mind 10 move 10 amend The bill ia this respect by
striking out The restriction clause
Mr.. BAYARD. The comfy OF nations necessarily in
cludes reciprocity OF acts the part nations Indeed,
reciprocity Is the very basis and meaning OF comfy OF
tons and whenever courts OF justice assumed the
OF power III acts relating to the comfy OF
tons they have always conaed that exercise OF power
TO those nations that willing 10 return The COM
NY on their part think therefore, that this is sufficient
answer 10 the objection arising from any
Mr.. JOHNSON. MIR President / really hope ha,
such degree OF order may be preserved that may
be able 10 hear The gentleman from Delaware. There is
much noise in the Senate chamber that it is utterly inn
possibie 10 hear any thing the gentleman says.
The PRESIDENT. The Senate will come To order
Mr.. BAYARD II seems TO me that the bill is quite
sufficiently extensive when il tenders 10 every foreign
nation the privilege oil advancing the purposes Of JUS
lice on The same terms as these which we advance
them their behalf The exception stated by the sena
Tor from Michigan Mr. sTuARrl is tbs Suppose that
cizen OF The United States has suit foreign court,
ought he not 10 have the means OF taking testimony
here My answ is, that is the basis OF this bill
We are not By the provisions OF this bill, proposing TO
Interfere VITA modes of administration of justice in the
courts OF foreign nations We proposing, under The
comfy OF nations, 10 permit foreign court have the
same advantages in taking testimony IN the courts in this
country we should have in theirs. But this principle
rs only founded upon The principles recognised IN courts
oi common law, and certainly in courts of equily--o
wit that letters rogatory they will authorize testi-
nony 10 be taken and TO be used in another jurisdiction.
Bat they viii not exercise that cosiiy unless the
to which The letters fogaory be addressed recog
Mise the same comfy on their part. This true and
sound principle IN all national relations. do not think
we arc called 10 80 step toward rendering foreign
nations toe right 10 ask aid in the administration OF
civil justice within their domiDons, provided they will
not extend reciprocal and to
But, again, the court s not compelled to act according
10 this provision. II is left 10 their discretion, and il
should be lett with them TO decide whether under all the
circumstances, they will or viii not issue the comnls
where the courts o! the ioIegn nation do not pos
sess the power, or possessing the power, refuse to exer
else II. II Is entirely IN the discretion OF the court
Surely there can be objection 10 that.
The senator from Michigan complains further that the
bill does provide specifically Tor the mode which
70 ascertain thus. would be an objection TO the b II
ii attempted II. Ii is much better leave that The
courts OF justice, the fact brought before them 10
be established because that would prevent the recogn
ton OF The commission. II the nations in amiiy, the
courts will necessarily carry out the provisions ol the
law IL would be Impossible 10 prescribe any rule upon
ls subject Ii is better to leave therefore. the dis
ceuon OF The cour because there Will then be no dan
ger under II whatever.
And this Is also sufficient to the objec.
tion OF the honorable senator from Michigan, found
ed The fact that the interest of the eIzens OF le Uni
ted States beng lByolyed ln The proceedings foreign
confi, the couit might IN their discretion, make excep
tlons grounded The rights OF citizens comfy
The bill fully provides against that objection 10 The very
exiseDce OF this discretion,
confess do mol any force iii the objections Ii
seems 10 NE tna we are sdnefng IN this b 10 the prin-
cple OF The comfy OF nations by making discretionary
with The court For my owi part, az regards all these
matters which got advance civilization ana 10 enlarge the
conDexlon between natons for all proper purposes pre-
Ter infinitely the system OF reciprocal legislation to the
system OF treaties, which loo often perverted IRON
Their original meaning and too oilen Degigsnty passed
and II the policy OF either nation happens change. when
you come 10 the construction ot the treaties they not
properly carried out Reciprocal legislation always
within your cOn,fol. You repeal 1t al any time, ii
circumstances indicate that il useless But treaties
bind sou for The eAen, OF time 10 which their obligations
assumed
DO reeoec any other objection OF The honorable
senator 10 the provisions OF the bill the bill hes been
adop,ed by the committee. As It was originally intro
duced II authorized the taking oil testimony IN criminal
cases in foreign nations, We indlsposed carry
IL far, aud the bill remoJeled TO conhRe the
power TO the urhefanee oil civil justice IL pro-
vdes Tor the punishment OF false swesDg and also for
the payment OF costs by the party chargeabe with
them where tne application u made, which we supposed
10 be necessary.
MI DLhJasiiNs uu nol KNOW lnal tbis Olll WAS
to be taken up ihs morning have nsupefable objee-
uoRs ts passage. object the principle OF The bill
object 10 say extension Dy the Congress OF the United
states, oil the judicial OF the Tribunals oi Tue United
States not granted BY tie constitution. Now, sr, this
ball proposes 10 invest IN the circuit and district courts
oi Tue United Sates>certain jurisdiction relation
controversies arising in foreign countries BY reference
10 The provisions OF the coBsuullon find That the jude
ca power extends 10 certain defined cases. asd Thai this
is not OF The for which The constitution pro-
vides
" The Judicial power shall extend all cnses Ia law and
eqniy arising under this constitution laws Of Uni
ted States, and urees made, which shall be rnadc
dcr their a1thofy 70 all Gates affecting ambassadors,
other public minsera and consuls all OF edmi-
rely aud maritime Jufsdic0n; TO controversies 10 which
the United States sha DO party TO coaHoyersies be.
tween two or more Staies between Sste and citizens or
twren ctlzsos OF the Sate claiming lands under
grants oil dtLeren states and between STATE, the cite
zens hefeoi and ioreion Statas citizens, ot snblrct
Now, SIR, II is proposed to extend this judicial power
to controversies between foreigners where neither State
OF ihis coniedeacy citizen OF the United States is
interested II THIS, then. be intended 10 be judicial
power, oppose ibis bill upon the ground that II extends
lion OF the Uniled States apprehend thai reference
10 the provisions OF the-bill will show that the power
proposed TO confer is Judicial power II is not merely
ministerial power II II ministerial power alone
should object 10 Il upon that gound do not think
that the Judges the courts OF the United States are
to the admin straon of justice IN foreign nations That
~ no, the purpose for which they bave been organized
and doubt very much oHr power to impose a Juiy of
that knd the Judges OF The courts The provisions
OF this bill clearly proceed upon the basis Of the grant
power being ,dcia power Ii provides for the ssu-
of wTts aud processes upoa application for cou
rng upon the judges all the necessary authority lof the
rf ff