Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-05-13
C0mqressionaI.
TlIIRTY-FoURTH CONGRESS.
FIRST SESSION.
senate.-Thursday, Dec. 60, 1883.

Senate.-Thursday, Dec. go, 1858.
Mr.. BRODHEAD, from the Committee of
Claims, TO which was referred the resolution of
MI BELL, OF Tennessee and the proposed amend
nent OF Mr.. HAMLIN, relative 10 the reference of
memorials and papers relating 10 private claims
and bills before the Senate at the last session re-
ported that The committee had duly considered
the subject, and he had been instructed TO report
substitute in the following words
hes0iUed, That all private claims upon which no
adverse reports were made ordered during the
last session OF Congress, and which were pending
before the Senate at the close of the last session.
and which claims founded upon any law Of
Congress, or upon any regulation OF an Executive
Department, or upon any contract express or inn
Piled, with The Government of the United States, y
and which the claimants choose TO prosecute be.
lore The Court of Claims, be and the same are
hereby referred 10 the said court, and the Secre-
tary OF the Senate be and he is hereby instructed
TO deliver all the papers in such cases 10 the clerk
OF said court upon his application.
Mr.. D. said II II was the pleasure of the Senate
he would be pleased 10 have the resolution con-
sdercd at once. BY reference it would be seen
that theswords OF the act constituting the court
had been embodied in relation 10 such claims only
as should properly come before il. He simply
proposed 10 refer such cases The court had
clear jurisdiction over, aad 10 enable private
claimants 10 obtnin their papers through the
clerk OF the court, without legislative action in
individual cases.
Mr.. HUNTER was OF opinion, from the cur
sorry reading of The resolution, that there might
be some difficulty in the way 10 the manner in
which it might be understood that was, whether
II referred TO such cases the claimants them
selves thought We're founded upon the law of Con-
yress, or such as the court thought might come
within its jurisdiction MIR. H. thought that pro-
baby the object OF the committee might better be
| attained by adding some such words as " such
| claims as may be considered if the court shall
be OF opinion that they come within its jursdic-
ton"
Mr.. BRODHEAD quoted the law 10 show that
lis exact words has been used; and said that the
mere fact of reference could not confer jursdic-
ton where the law did not give it.
Mr.. HUNTER, with this UNDERSTANDING would
| not oppose it !; and the resolution was agreed TO-
CONTESTED SEAT
Mr.. CASS said it would be recollected that.
prior 10 the formation of the standing committees,
he had presented protest. signed by certain
members OF the Legislature of Illinois, against the
present sitting member from that State. He had
given notice at the time that as soon as the com
miitees were formed, he would move for its refer
ence. In accordance with that notice. he now
moved that it be taken up and referred either to
The Committee on the Judiciary or a select COM
mittee, as might be preferred
Mr.. TRUMBULL had no choice as 10 the refer
ence. He would state, however that the sigrers
OF the protest in question were not aware OF The
fact that he had ceased 10 be Judge and had bee
actually succeeded on the bench prior to his cleo
ton TO the Senate, and he desired to present evil
dence OF the fact, in order that il might go with
the protest 10 any committee 10 whom the sub
ject might BE- sent.
Mr. BUTLER observed that questions OF such
nature were sometimes referred 10 the Committee
on the Judiciary and at others 10 special com
mitlee. The Judiciary Committee had no feeling
on the subject one way or the other; but he init
mated that the Senator from Illinois should have
what committee he might prefer.
Mr.. TRUMBULL expressed his perfect indif
| ference on the subject; and the protest and evil
dence submitted by Mr.. TRUMBULL were refe rred
TO the Committee on the Judiciary
And the Senate adjourned to Monday.
House of Representatives.