Year: 1868

away the jurisdiction OF the court They might as
ms noon tn .ne matter squarey in the ace was
that they desired to take away the ju


sdciion q the court; else why this haste to pass
Mr. Stewart rose to speak, when Mr. TRUMBULL
said win the Senator from Nevada allow me to read
sen.ence 70 SNOW sne senator from Wisconsin (Mr.
say that the Supreme Court have decided, on mo-
ton to dismiss the appeal that the McCarde case is


Mr.. DooLIrTLE-I said they refused to dismiss It,
and therefore the presumption was that the court


Mr.: TRgxsuGI-Let US see what the court said
ITSELF (Reading):-


Every question Of substance which the Circuit Court could
hs return re


ss fro from s ena ,s But the inquiry S this Ss motion
court 4 !, 100 Al 4 s.s rFk4et


Mr.. DooLITrLE-I understand the court to say that
as TO the jurisdiction OF the court below, they DO
not presume TO pass upon that; but to their own
Jurisdiction, that they have to review the whole case
between us upon this point r The supreme Court ex
pressy refused to decide whether the Circuit Court
had jurisdiction Of the McArde case under the act OF
1857 II the Circuit Court had no Jurisdiction under
the act OF 1858 clearly the Supreme Court could have
no jurisdiction by appeal under the act Of 1857 be-
cause before 1857 no appeal lay In habeas corpus
cases to the Supreme Court 1t was the law OF 1867
that gave the right to appeal to the supreme Court
Under the act Of 1850 no such thing as an appeal In
as the Supreme Court had often decided But the
question was whether, in this particular case the
circuit Court had jurisdiction under the act Of 1867,
wncn question the court refused to decide until the
merits OF the case came up. Suppose 1t appears on
the merits that the jurisdiction In this particular case
referred to was under the act Of lfso, then, as
matter OF course the supreme Court has no jurisdc
ti0n because no appeal to the Supreme Court lay
under the act OF 1882 That is what the court de-
cided. Es3 MNA tf tI


Mr.. DooLITTLE said that was what he UNDERSTOOD
that the Supreme Court decided that they had the
Jurisdiction Of the court below but, as to whether
In a nnd hnu nn idn
put left It to come up on the merits.


Mr.. BUcKALEw, tdem.) OF Pa. called attention again
over motion Of his to postpone. The Senator who
had called 1t up had refused to make any explanation
of the bill In response to his INT. Buckaews) re-
quest, simply saying 1t was an amendment to repeal
certain act which he named. sa


Mr.. WILLIAMS interrupted to say he would not
be governed In his action by what the Supreme Court
would do. He desired, however that the bill should
be acted upon this week as there would be no oppor
tunity next week. 4H


for himself the impuaton that members Of the Senate
were in fault In allowing the bill to pass He had
called the yeas and nays upon the amendment and
recorded himself against It, though Senator'S at the
late hour when 1t was passed were fatigued and
were unprepared to discuss 1t. He would not agree
to fix limit for debate under the circumstances.
there was executive business before them, and he
would move to go into executive session. with the
understanding that this bill would be taken up to-
morrow, and vote would be reached at four or five
O'Clock. He withdrew the motion temporarily.


Mr.. STEWART thought Congress could legslate
properly on the ground Of public policy. If the act
Of February 8, 1857, could be construed as giving
Jurisdiction to the Supreme Court, 1t certainly was
great bunder that court being already three or four
years behind in its business and that bunder should
be at once corrected.


Mr.. HKNDRICKs asked how many cases had come
to the Supreme Court under this law.


Mr.. STEWART said not very many, though he had
heard OF several in preparation.


Mr.. FEssENDEN here suggested that as the friends
OF the measure were acquainted with its merits the
discussion be LEFT to their opponents.


After further discussion on the propriety Of allow
ing more time for debate the democratic Senators
coincided in proposition to devote tomorrow to
the discussion Of the veto, with the understanding
that q vote will be taken before adjournment.


On motion Of Mr.. SUMNER the Senate went into
executive session at five minutes past four and
after adjourned. Il s#s-rt...st