The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-14
NEW YORK HERALD. TUESDAY, JANUARY IA, 1868

stood was violation OF the common law rule ABOUT
majority forming a quorum. because IL required siA
judges out or the eight constituting the court 70 io
quorum.
Mr. DAWES lrep.l Of Mass, in support Of Mr. wilson's
argument referred him and the House 70 me
section OF the constitution which declares that In all DINER
cases than questions between citizens OF different ses
&c, the Supreme Court shall have appellate jurisdiction
both as 70 the law and the facts, with such exceptions
and under such regulations Congress shall hereafter
make. He thought that covered the whole case.
Mr.. Mungen and others declared that Instead Of this
being radical measure 1t was conservative measure.
MI WILLIAMS Of Par remarked that that was ne
reason why ne was opposed to Is
MIR. WILSON said that Congress In this bin was simply
declaring that the Supreme Court shall not have egs-
auve power Without the concurrence OF at least two
sniIus OF It's memoers II WAS the duty OF Congress 10
protect The people and the government against the acct
dental creation OF an organic law by that Court. AZ
present that Court might by the vote OF member
override the enncmens Of Congress determine any
principle OF law, and Il certainly not much for
Congress require that the exercise OF that
and f!rssE. power At least twothirds OF the Court
The House then proceeded to vote on the bill aud
Nj. Ross moved that the House adjourn.
The SPEAKER declined 70 entertain the motion on the
ground that the House was acting uncer made on
suspension OF the rules that the vote should be taken
without any diatory motions.
NJ. ROBINSON appealed from tho decision OF the
Chair
The question was taken BY yeas and nays and the
decision or the Chair was snstAnedyeas 1876 nays 20
sustain the Shair:-Messrs Burr, Chanler Eldrldgo,
Haght, Kerr, Marshall, Morrssey, Phelps and Sit
greavea.
Mr.. ELDRrpGr moved to lay tho bill and amendments
on the table. Negatived--yeas 80, nays 49,
The question was taken on Mr. williams amendment
requiring unanimous decision OF all the judges and II
was rejected-yeas %, nays 1874 The yeas were:-
Msssrs Arnell Ashley Of Nevada Ashley Of OHIO. Pins
ham Cake Clarke q Kansas Coyode Fsrnsworth Harding
Mcclure Mullins Pyle Price Trimbie Of Tenn Van
or os fad Ian Horn Of No. Ward Williams Of PENN williams
Mr.. Wilson'S amendment adding proviso to the
amendment reported from the Judiciary Committee,
was adopted-yeas ILL., nays SS and the amendment as
amended was agreed to-
The bill was then passed-yeas 116, nays SO, as fol-
lows
Ashley o. Ohio. Bailey. Baker, Baldwin, Banks Beaman.
Of Kansas Coob Uoonrn Covode Cullom Dawes, DIXON,
ssa aais DsS tsa
Kelsey KsssshaaJ Ei,sasns xooas Iaan, lay
SSssry Msrvia, asyssTd. MsSsitsy &solpTs: SsSsSs
IIHssd fs5a
syle ,rGsmsroy Price Raam Roeey,son sawyer sshsnes
Taylor, thomas Trmbe q Tenn lrow6rldge Twitche u,
" fn 0a @ "f'i nS
psia !. Ta q a Ts q sw
FAD ADAMS ArShsr Ssss
Hash HAWKINS Holman. HotcSsss, HabSard of Conn.,
aorsse k eSooa hss PraSn
OF N.Y., van Auken, W ood ana No0dward-S
Mr.. WILSON moved to amend the title by adding to It
the words-"And requiring concurrence OF two
thirds OF the members OF the court to declare law Of
the I'm ted States invad.n
M. WILLIAMS. OF Pa, suggested instead Of that to
make the amendment read"And to regulate the jurs-
dction Thereof"
Mr. WILSON accepted the suggestion and the title was
amended
PROPOSED DISCHARGE OF GENERAL HANCOCK.
Mr. GARFIELD, rep of Ohio, moved TO suspend the
rules that he might introduce bin to reduce and i'm
the military establishment by the discharge Of one
major general, and the one who the last comms-
stoned that grade before the LIST OF January, 1865
General Hancock.
After very decided indication the part Of Messrs
Brooks, Randall and others that resort to ibusterng
would oe had TO prevent the bill passing Mr. GARFIELD
wi hdr W the notion giving notice that would renew
1t neAl Monday and then, IT haifpast six O'clock the
House adjourned