Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1863-03-24
CONFEDERATE SUPREME COURT.
SENATE.

SENATE.
WEDNESDAY, March IS, 1868.
The Senate was called to order at IL o'clock NJ,
Mr. Hunter of Va, in the chair. Prayer by Rev.
Mr.. Duncan, of the Methodist Church. i
The consideration of the bill to organize the Su:
preme Court was resumed The pending question
was on the motion of Mr.. Clay, OF Ala, to amend
the bill by the addition of section repeating the fol-
lowing section Of the Judiciary Act" Of the Provi
sional Congress:
As. Be It further enacted, That final Judgment
or decree in any suit in the highest court OF law or
equity of State, in which decision on the suit
could be had where is drawn in question the valid
ity of treaty or statute of authority exercised
under the Confederate States: :
Or where is drawn in question the validity OF q
statute Of or an authority exercised under any
State, on the ground of their being repugnant to
the Constitution, treaty or laws of the Confederate
States
Or, where IS drawn in question: the construction
of any clause Of the Constitution, or of a treaty,
or statute of commission, held under the Confede
rate States.
In each of these causes, the decision may be
examined and reversed or affirmed in the Supreme
Court Of the Confederate States, upon a writ of
error the citation being signed by any judge of the
said Supreme Court, in the same manner, and under
the same regulations and with the like effect if
the Judgment or decree complained of had been
rendered or passed in district court of the Con-
federate States and the proceeding upon reversal
shall be the same, except that the Supreme Court
instead of remanding the cause for final decision,
may at their discretion, if the ease shall have since
been remanded before proceed to final decision of
the same and award execution. But no other error
shall be assigned or regarded ground of reversal
in any such case as aforesaid than such appears
in the face of the record and Immediately respects
the before mentioned questions Of validity or con-
Struction Of the said constitution, Treaties statute,
commissions or authorities in dispute.
4G. All judgments, orders and DEGREES made by
any State court since the date of the secession of
such State, upon any subject or matter which be-
fore such secession within the jurisdiction Of
the of the United States shall have the force
and effect OF judgments orders and DEGREES of the
courts herein established with the privilege Of eth
er party toAPpeal, or sue out writ of error.
Mr.. Phelan of Miss; being entitled to the floor,
addressed the Senate IN reply to the arguments
which had been advanced in support of the amend
ment.
Mr.. Simms, of Ky, and Mr.. CLAY, of Ala, re-
spectively remarkedin substance that they hal pur
posed to present their views the subject but dis
covering that the Senate was impatient to vote,
would forego their privilege
Mr.. Brown, OF Miss, announced his purpose to
vote for the amendment He was in favor Of Con-
greSs retaining the jurisdiction until the necessity
for comforting it should arise.
The amendment submitted by Mr.. Clay was then
agreed t. by the following vote
TeGs-MesSrs. Barnwell, Brown, Burnett, Clark
Orr, Peyton, SemmeS Sparrow, Wigfall and Yam
cey.-l6
Naya-Messrs. Caperton, Davis, Henry, Hill,
Phean amt Sm;ns-6
The bill, amended was then passed by the fol
lowing vote:
IeGs-MeSSrs. Barnwell, Clay, Haynes, Ill.,
Hunter. Maxwell. Mitchell, Oldham, Orr, Pcyton
Phcan, Semmes, Wigfall and Yancey-l4
Nay&-MesSrs. Brown, Burnett, Caperton, Clark
Davis, Henry, SHINES and Sparrow.-S.
The bill as passed, provides that
l. The Court shall consist of a chief justice and
four associate Justices any three Of whom shall
constitute quorum, and shall hold annually at
the seat Of government two sessions.
.. The chief justice shall be the presiding Judge
OF the Court and the associate justices shall have
precedence according to the date of their commits
sIons, and when the commissions of the same
date, then according to age.
3. The justices shall take the oath prescribed for
the judges of the District courts.
4. Each justice shall receive an annual salary of
s., 500
D. All papers and judicial proceedings of any kind
pentlng in or returnable to the Supreme Court es-
tabShed by the Provisional Congress are trans
ferred TO the Supreme Court created by this act.
G. Repeats the 45th and 46th sections of the Iu-
dietary act Of the Provisional Congress.