The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-15
Monday, January II, 1851.
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OeNSFdl private pllIS were ulSCuSStu, anu the
House adjourned.
Monday, January II, 1851.
| SENATE.
Mr.. Hunter, from the Committee on Finance,
| to which was referred the bill from the House
| making appropriations for the current and con-
| tingent expenses Of the Indian department, and
| for fulfilling treaty stipulations with various
Indian tribes, for the year ending June 3Oth,
| 1853, reported back the same with sundH
amendments. RA
Mr.. Hunter gave notice that as soon as4he
privileged question was disposed of, he 1881
| call up the bill for consideration. So
| Mr.. Brown introduced a bill supplementary
to an act to organize the institution for the
insane of the army and navy and OF the District
| of Columbia, approved March 3, 1856.
! This bill provides that no insane person,
not charged with any breach of the peace, shall
ever hereafter be confined in the United States
jail or pententiary in this District. The Secre-
tary of the Interior has power to grant his order
| for admission into the Government hospital
for the insane any insane person unable to
support himself who resided in the District at
the time he became insane, upon the certificate
of any Judge Of the Circuit or Criminal Court
or any justice of the peace.
The order Of the Secretary of the Interior
authorizes any police officer or constable to
assist in carrying insane persons to the hospital,
the expense attendant upon which is to be
borne by the friends Of the insane or by the
local authorities of said District.
The Senate then proceeded to the considera-
ton of the credentials of Mr.. Harlan, with the
protest of the Senator from Iowa and the re-
| port of the Committee on the Judiciary, de-
| caring that the sitting member was not en-
| titled 10 his seat, the immediate question pend
IL % he TO and
| the resolution of the committee by inserting
that the sitting member is entitled to his seat.
The debate was continued until after four
| o'clock, when the question was taken on the
| amendment of Mr.. Toombs, and it was decided
in the negative by the following vote:
| YEAs-Messrs. Bell of New Hampshire, Bell
of Tennessee, Blown, Collamer Durkee, Fes-
sender, Fish, Foot, Foster, Hale, Houston,
Pugh Seward, Sldell, Toombs, TruMbull, Wade,
and Wilson'S.
NAYS Messrs. Allen, Bayard, Benjamin,
Bggs, Bigler, Butler, Cass, Clay, Comegys,
Crittenden, Dodge, Evans, Fitzpatrick, Geyer,
Hunter, Iverson, Jones OF Iowa, Mallory, Mason,
| Pratt, Reid, Rusk, Sebastian, Stuart, Toucey,
| Weller, and Wrigbt-27.
The vote was then taken on the resolution
reported from the Committee on the Judiciary,
that the sitting member is not entitled to his
seat" and it was decided In the Affirmative by
the following vote:
| YEAS Messrs. Allen, Bayard, Benjamin,
Biggs, Bigler, Butler, Cas-, Clay, Comegys,
| Crittenden, Dodge, Evans, Fitzpatrick Geyer,
Hunter, Iyerson, Jones of Iowa, sotiHn, Stuart,
Go uvry, ~ erfer, and Wrght-2S.
| NAYs-Messrs. Bell of New Hampshire, Bell
| Of Tennessee, Brown, Collamer, Durkee, Fes-
sender, Fish, Foot, Foster, Hale. Houston,
| Pugh, Seward, Sidell, Toombs, TrumbulI,
Wade, and Wlson-l8.
On motion by Mr.. SHdell, the Senate pro-
ceeded to the consideration of Executive bust
ness, and, after a brief period spent therein, the
Senate adjourned.
HOUSE.
The question was stated to be on the motion
made by Mr.. Stanton, of Ohio, on Monday last,
to suspend the rules so as to enable him to
| offer the following resolution:
| ResolUed, That the standing Committee on
the Judiciary be instructed to inquire into the
expedency of recognizing the judicial circuits
and districts of the United States in such man.
ner as to equaze the population and business
of the several circuits and districts, and give to
all sections of the Confederacy their equal and
| just representation in the Supreme Court Of the
| United States.
The question was taken, and the motion to
suspend the rules was agreed to.
Mr.. Stanton thereupon submitted his resolu-
tion stating that he proposed to occupy a few
minutes in explanation Of the reasons which
| had induced him to offer it. He thought that
any one who would examine the condition of
| the judicial circuits of the United States would
be satisfied, aside from any sectional view of the
question, that the proposed re-organiz cation was
indispensable. At present, there were FIVE
States not embraced within any of the judicial
circuits. The policy Of the judiciary act of 789
maniestly was, that all of the States should con-
stitute q portion of some judicial circuit that
each State should have the benefit of a Circuit
| Court In the progress of the addition of new
States, it was found that portion of the circuits
had become so large that to add to them the
new States as they were created would make
the circuits too extensive, or increase the court
to too large 4 number of Judges. Hence, Iowa,
| Wisconsin, California, Texas, and Florida, were
all without the benefits of Circuit Court, and
appeals were taken directly from the District
Courts to the Supreme Court of the United
States. The inequality of the present system
would be apparent from bare statement of the
States composing the various judicial districts
The first circuit was composed of Maine, New
Hampshire, Massachusetts, and Rhode Island :;
the second, Of Vermont, Connecticut and New
York; the third, of New Jersey and Pennsylva.
MIA; the fourth, of Maryland, Delaware, and
Virginia, the fifth, of Alabama and Louisiana
tue slAln, Oh NOrtn- carolina, South Carolina,
and Georgia. the seventh, of Ohio, Indiana.
Illinois, and Michigan; the eighth, of Kentucky,
Tennessee, and Missouri and the ninth, Of
Mississippi and Arkansas Thus, Mississippi
and Arkansas constituted one circuit, while the
large States of Ohio, Indiana, Illinois, aud
Michigan, with some four and half millions
of inhabitants, constituted another. Such an
inequality ought to be remedied, and the rights
OF suitors demand some legislation on the sub
ject.
The Supreme Court of the United States was
the ultimate arbiter of all constitutional cues
tions, aud in his opinion should be so consti-
tuted as to command the confidence of the
whole country; but so long as it should retain
Its present unequal and partial organization,
and one section of the Confederacy have more
than its just representation on its bench, It's de-
clsions could have no moral power, and could
not command the confidence of the people.
Mr.. keitt, of South Carolina, had understood
the gentleman from Ohio to say that he regard
ed the Supreme Court as the arbiter of all con.
stitutional questions. He desired to know
whether, if that tribunal should decide in favor
OF the consttutionality Of the fugitive slave law,
the gentleman would carry out that law3
Mr.. Stanton replied that he would not resist
the decisions of the Supreme Court in any case.
If it should decide that bred Scott was slave,
be would not resist the execution of that iudg.
ment; but when that question arose in another
case, he would contest the principle upon which
the Judgment was founded, and contend that it
was not law. He would not change his indi-