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Committees—Commerce, Manufactures, Roads and Canals.
(Dec. 9, 1825.
Mr. HAYNE, of South Carolina, said, it was easy to committee as well defined as those of any of the Standing perceive that the gentleman from New Jersey looked to Committees. Manufactures as a separate and distinct interest. If it had The question was then taken on Mr. FINDLAY's amendbeen otherwise, he would have accepted the amendment ment, and lost. proposed by the gentleman from Pennsylvania. Mr. H. The question was then taken on Mr. DICKERSOY's mosaid he protested against such a doctrine. Experience tion to create two committees, and carried; Yeas 20, Nays 9. had proved that much benefit had been derived from com Mr. JOHNSON, of Kentucky, submitted the following mitting to one committee the subjects of commerce and resolution: manufactures, and he would advocate any motion to add Resolved, That a committee be appointed to inquire into the subject of agriculture-willing that those three great the expediency of abolishing imprisonment for debt. national interests should be inseparably connected. Mr. Mr. J. moved the immediate consideration of this resoII. thought, if they were to legislate with a view to have lution; but, some opposition being made to this course, he separate and individual interests on those subjects, great withdrew the motion. misery to the country at large would be the result. It The Senate adjourned to Friday. would be impossible for them to legislate wisely on manu. factures, if they had not, at the same time, a distinct view of the effect on the commerce of the country. To illus
FRIDAY, DECEMBER 9, 1825. trate the advantage of combining the two subjects in one obtained leave, introduced a bill for the relief of Clark
Agreeably to notice, Mr. NOBLE asked, and, having committee, on which gentlemen conversant with each would be appointed, Mr. H. adverted to the great benefit
McPherrin. which the Coinmittee of Commerce and Manufactures had,
Mr. N. stated that Clark McPherrin was a soldier on the at the last session, in its deliberations on the tariff bill, de- Peace Establishment, stationed at Fort Howard, who berived from the counsels of the honorable gentleman from came deranged and left the post, and was found eighteen Massachusetts , (Mr. Llord.) This fact was well known— days afterwards, half a mile from the Fort
, under a hayfor the value of his knowledge and experience on that stack, frostbitten to such a degree as to require the ampuConmittee was the subject of remark at the time. What, tation of both feet. His case had been represented to the said Mr. II. was the object of legislating on manufactures War Department, but there was no law in existence to afWas it to provide articles for the domestic use of the coun
ford him relief; this had induced Mr. N. to introduce the try? No--it was to make them a subject of commerce, by
bill. exporting what was manufactured, or effecting the impor
The bill was read and passed to a second reading. Mr. tation of the produce of other nations, and it would be im. N. moved a second reading of the bill to-day, but the mo. possible for them to pass a law which would affect the tion was objected to, and lost of course. manufactures of the country, which would not have a di
Mr. HAYNE submitted the following resolution: rect operation on its commerce. He hoped these great ob
Resolved, That uniform laws throughout the United jects would go on together, and that the proposition to States, on the subject of Bankruptcy, ought to be estab
lished. separate them would not prevail., Mr. SMITH said nothing was more common than to in
ROADS AND CANALS. troduce innovations in legislation; the subjects of manufac The Senate then proceeded to the consideration of the tures and commerce had been for a series of years con- following resolution, submitted by Mr. RUGGLES on nected in one committee, and there was then no com- Wednesday last: plaint, because these two great objects are so similar, that, Resolved, that there be added to the thirtieth rule for in attempting to do much good to one, there is danger of conducting the business of the Senate, the following: injuring the other. A similar innovation took place in the “And a committee, to consist of five members, on other House; a Committee of Manufactures was instituted, Roads and Canals." and they went on for the promotion of that particular ob Mr. RUGGLES said he was not aware it was necessary ject without regard to the other; and, if the Senate fol- to offer any remarks on the proposed amendment to the Towed the exanıple of the other House, they must expect rule. The subject of Roads and Canals had been before the same result. Compiece and Manufactures ought ever Congress every session for a considerable time, and this to go hand in hand, so as not to destroy or distress each session it formed a part of the President's Message, and it other; and in the Committed there should be gentlemen was necessary that a Standing Committee should be apwho were favorable to manufactures, and others who were pointed as well for the reference of that portion of the favorable to commerce, so as to check any motion or at- Message, as to inquire into the matters relating to the tempt to injure either the one or the other.
subject, which would come before them from other quarMr. ROWAN observed that ari Agricultural Society ters. A few days ago, the duties of the Committee on might be necessary for the ten miles square, as the soil was Commerce and Manufactures had been divided: those of a dccidedly capable of great improvement. He thonght they Committee on Roads and Canals would be equally labohad better leave agriculture as it is it was not within the rious, and it was of importance that a committee should be scope of the powers of this body. The power to regulate appointed. commerce was expressly given, and the connexion be. Mr. HOLMES, of Maine, said, the Senate would not tween that and manufactures led to the establishment of a probably be aware of the extent to which they would go in Committee of Commerce and Manufactures
but he should establishing a rule of this kind. They had heretofore been always vote against any proposition tending to regulate satisfied with appointing a committee from session to sesAgriculture.
sion; but if they were all agreed on the subject of Roads Mr. HOLMES, of Maine, said the duties of the Com. and Canals, it would be proper to have a Standing Committee on Commerce and Manufactures were well under- mittee; that is, if the Senate agreed not only that the Gestood, because they had been defined by practice, but, as neral Government had the power to construct Roads and regarded the duties of a Committee on Agriculture, he Canals, but that it would always be expedient to do so. If, could not iinagine what they could be, and he thought that however, the Members of the Senate were not all of opithey ought to be defined before such a committee was nion that they possessed the power, it would be better to established.
go on as they had done heretofore, and refer the subject Mr. FINDLAY said there were several cases in which to a Select Committee. such a committee could act; it was impossible to tell what The question was then taken on the resolution, and Business might arisc, and he thought the duties of that lost-yens 14, nays 19.
Dec. 9, 1825.
Committee on Agriculture.
The Senate then proceeded to the consideration of the sequently, without explanation, an inference might be following resolution, submitted by Mr. FINDLAY: drawn by some of inconsistency between the two voter,
“Resolved, that the 30th rule of the Senate be amend. That amendment, however, was resisted by him upon the ed, by adding thereto 'a Committee on Agriculture.” sole and identical principle which, in his opinion, operat.
Mr. FINDLAY said, that, when he brought forward the ed with the greatest force in favor of the present resolu. subject on a former day, it was urged in opposition, that tion--the principle of inexpediency, in referring the subthe subject of Agriculture was not within the scope of jects of manufactures and agriculture to the same com. that body, and that they could not, therefore, legislate remittee, and an inexpediency as great as to continue to refer specting it beyond the District of Columbia. Mr. F. said, commerce and manufactures to the same committee. All it was his opinion that the three great branches of domes- the arguments, so eloquently urged on that day by the tic industry, Commerce, Manufactures, and Agriculture, gentlemen from Massachusetts and New Jersey, for a se. were all equally entitled to the care and protection of the parate committee on each of the two last subjects, appliGovernment. The Senate had directed the establishmented in equal vigor for a separate committee on agriculture. of a Committee on Manufactures as well as on Commerce, Not that he believed the interests of all these cardinal and he saw no reason why Agriculture should not receive branches of industry were not inseparably connected-for the same attention from the Senate. It might be alleged, he cordially united with the gentleman from South Carothat the connexion between Commerce and Agriculture lina in that particular; but it was a connection in their imrendered a committee on the latter subject unnecessary, portance to society, and in favor due from the Governinent; To this position he thought there might be exceptions. In nor that he believed they were not sisters, as happily ex. legislating on Commerce, certain laws might be passed, pressed by the gentleni..n from Maryland—but sisters, which might operate to the depression of Agriculture; chiefly, in the affections of this House. They could be laws encouraging to a great extent the importation of arti- received separately; and, like those sciences having one cles in a raw state which might come in competition with common bond, must be examined in detail-peculiar ta. the home materials which Agriculture furnished in abund- lents could, in distinct committees, be brought to bear on ance. Things could not be in this state without the Agri- the investigation of each; and, by a proper analysis and culturists having a right to complain, and all their com- scrutiny of subjects of legislation, the same utility is atplaints would amount to nothing at all, if there were no tained as by a proper division of labor in the common committee to which their petitions could be referred. All affairs of life. That there was no employment for such subjects coming before the Senate that might particularly a committee, had been again pressed by the ingenious interfere with the interests of Agriculture, ought to be re- gentleman from Maine: but, in addition to the answer ferred to such a committee, who would report a modifica- given by the mover of the resolution, he would suggest, tion of the laws, or suggest new ones. Mr. F. concluded that all questions of direct taxes on land; all internal duby saying, he had submitted this resolution from the dic-ties and excises; and all imposts, no less than questions of tates of duty, and he did not think it necessary to say any foreign and internal commerce, have a powerful, and, thing further on the subject.
often, an immediate influence on the interests of agriculMr. HOLMES, of Maine, wished very much that the ture. And, in a territory like ours, of between two and gentleman from Pennsylvania had informed them what three millions of square miles; with two-thirds of its posuch a committee would have to do. Could any of them pulation exclusively engaged in agriculture; with annual know what its duties would consist in? Could he point exports from agriculture of about forty millions; and with, out any one thing it could report upon; any thing relating probably, fifteen millions of our duties paid, in the end, to the raising of cotton or of cattle? What power would by the tillers of the soil, who consumc, and not by the the committee have? Was it to afford information to the merchants, who import—it is impossible not to find sub. people on the subject of agriculture, or to bring in rejects peculiarly proper, in some stage of their progress ports on which Congress was to act? Mr. H. said he was through this House, to be referred to such a comunittee. opposed to the appointment of a committee of informa. True it is, that the subject, as heretofore, might be retíon; but, if the gentleman would point out any one thing ferred to other committces; and it is equally truc, that which properly belonged to such a committee, or shew all subjects, whatever, might be referred to a Committee how the committee was to act, he did not know but he of the whole House. True it is, also, that the duties of should be disposed to indulge him with his votc; but he such a committee are not specifically defined; nor are the confessed he could, himself
, think of no one thing: it was dutics of any other committee; but depend on the express perhaps, owing to his want of understanding on the sub-ohjort of the committee, and the nature of subjects comject, but he could not see what the committee woulding before Congress. If those concerning agriculture are have to do. If he were one of that committee, and that gen- now small, he hoped the prosperity of it would long keep tleman were the chairman, and could give no further in- them small. But, that her interests were daily touched, formation on the subject than he had now done to the Se- directly or indirectly, and might be considered by reports nate, he should, certainly, be greatly at a loss what to do. of other committees being referred to the committee be
Mr. FINDLAY, in reply, referred to the article of spi- fore any final measures are taken, will be manifest, ly rits--foreign spirits might come in competition with do- adverting, not only to the effect of the tariff, as before mestic ones, and affect the agriculturist in the grain-grow- named, on some kinds of produce, but to the duties on ing States: a prohibition of foreign potatoes might be pro- sugar, as affecting the agriculture of that section suited posed, which would also interest the agricultural interest; to the cane; on hemp, as affecting another section; on and many other questions might be mentioned which it woollen and cotton goods, as affecting the produce of would be proper to refer to a committee on the subject other sections; tobacco, another. As a strongʻillustration But, supposing the committee had nothing to do, then the how agriculture may be affec!ed by duties on articles con. gentleman certainly could not imagine that any thing of sumed merely, and not grown here, something more than consequence could result from the
appointment of it. half a million in value of salt is annually imported, paying Mr. WOODBURY, of New Hampshire, observed, that a duty of twenty cents per bushel, and a large proportion he should vote for the resolution now before the Senate, of it being consumed by the farmers of the North, this Rotwithstanding the strong opposition to it which had been duty is a tax on them. The hardy ycomanry of the manifested. Yet he would not have risen to offer any country may ask, in time, to be heard on these, and simi, remarks upon its passage, but for the circumstance, that, lar topics: and, though groaning under no such tithes and on Wednesday, he had voted against the amendment poor-rates as to require for relief the cumbrous system of proposed to the Committee on Manufactures, and, con- J British Corn Laws; though not wont to be so clamorous
Imprisonment for Debt.
(Dec. 9, 1825.
as those engaged in some other pursuits; though not the United States, the subject embraced by this resoluthundering at your doors so often with petitions, memo- tion would come before that committeç. He hoped, rials, and remonstrances; yet they have the same consti- therefore, the gentleman would permit his resolution to tutional right to notice, are as deeply interested in all the lie on the table till the Standing Committees of that legitimate objects of national legislation; and, as Lors House were appointed, and it would then be referred to of the Soil, were known, by every hearer, to yield in no one of them, under whose examination it would more human excellence to the Lords of the Spindle. The other immediately come. House had a similar committee, and he trusted, this would Mr. JOHNSON said, it was the good fortune of his be deemed an additional argument for one here.
friend from Massachusetts, to have a Presidential recomMr. HOLMES, of Maine, said that the gentleman had mendation in behalf of his favorite measure to satisfy his endeavored to define the duties of a Committee on Agri. mind. But, for himself, Mr. J. said, he was obliged to culture; but every one that he had mentioned, properly bring forward his favorite project in the same manner, belonged to, and was always considered by, the Commit. and ask for it the same course that it had taken the two tee on Finance. As regarded the tariff, or a tas affecting preceding sessions. He had not opposed the proposiany article of commerce, the Comunittee of Finance was tion for a bankript law; but, if he had that subject not so properly the Committee of Agriculture for the Senate. much at heart as the measure he had now, for the third Mr. H, did not mean to disregard the interests of agri- time, presented to the Senate, he hoped he should be culture-on the contrary, he thought it the great interest pardoned for asking an opportunity of bringing it forward. on which all the other interests rested. The present He said this was the third time he had introduced this question was merely the prope: mode of transacting the proposition. The first session, the bill for abolishing imbusiness of the Senate; but, as far as the agriculture of prisonment for debt, passed this body, but unfortunately the country was concerned, having a bearing on taxes, it was at the close of the session, and, like every thing and on the manufactures of the country, the Committee which at that period goes from one house to the other, it of Finance was the true committee to which its interests was swallowed up and engulphed, for want of time, with ought to be referred.
the other unfinished business of both Houses. That was The question was then taken on the resolution of Mr. the fate of the bill the Senate acted on; and, last session, FINDLAY, and decided by Yeas and Nays, as follows: when he again introduced the subject, he was unsuccess
YEAS-Messrs. Barton, Bell, Benton, Chase, Dicker-ful. Mr. J. said, there was not a member of the commuson, Edwards, Findlay, Hayne, Hendricks, Johnson, of nity who would deny the isolated proposition for which Ken. Johnston of Lou. Kane, Knight, Marks, Noble, Rob- he contended, that imprisonment for debt ought to be bins, Ruggles, Seymour, Smith, Thomas, Willey, Wood abolished; yet for want of perfection in the details, it was, bury—23.
last session, lost by the casting vote of the presiding officer. NAYS--Messrs. Branch, Chandler, Clayton, Cobb, He denied, most unequivocally, that this subject was em. Eaton, Gaillard, Harrison, Holmes, of Me. King, of Alab. braced in that of an uniform system of bankruptcy; he Macon, Mills, Rowan, Van Buren, Van Dyke-14. denied that it had ever been embraced in any systein So the resolution was agreed to.
here or in Great Britain, or in any other proposition made
here by a standing committee, and, if his life were spared, IMPRISONMENT FOR DEBT.
he should submit it annually as long as he had the honor of The Senate then proceeded to consider the following a seat on that Aoor, although, out of respect to his assoresolution, submitted on Wednesday last, by Mr. Jonsso.x, ciates, he should never complain of the result, if he failof Kentucky:
ed, but content himself with having discharged his duty Resolved, "That a Committee be appointed to inq' re to God, his country, and his conscience. He had stated into the expediency of abolishing Imprisonment for Debt. emphatically, and he should repeat with the same em
Mr. MILLS, of Massachusetts, said this was a subject plasis, that no individual in that House, or the other which had occupied much of the time and attention of Branch of the Government, had been known to raise his the Senate, and he should be glad to have it thoroughly voice against the propriety of the proposition to abolish examined, that some course might be adopted, some pro- imprisonment for debt. They had only differed on the position made, wlich should meet with the approbation details of the measure. Imprisonment for debt was a of a majority of the Senate. But he was opposed to the stain on us as a Christian nation, and he thought that the appointment of a Select Committee at the present time wisdom of Congress, whilst it sanctioned the object of a for that purpose. Amongst the great variety of subjects bill for its abolishment, would be capable of communicatin the President's Message, Mr. M. said, there was one ing to it a vivifying principle. He was not so fortunate he had recommended—and he thanked him for it-the as to have his proposition recommended in the President's establishment of an uniform system of bankruptcy in the Message, but he hoped, though it was only sanctioned by United States, in pursuance of the express delegation of a humble member of this body, it would have as good an that power to Congress by the Constitution; and it was opportunity for investigation as that which came with the easy to see that it was a subject connected with the pro- sanction of the Chief Magistrate. position now brought forward; and, whenever they exer Mr. NOBLE, of Indiana, could not vote for referring cised that power, all the evils, of which there was so the subject to a Select Committee. It had been before much complaint, would be effectually remedied. As soon the Senate three years; had been most amply discussed ; 25 the Standing Committees were appointed, that part of and, as far as he knew, there was no one in favor of the the Message which related to the subject of bankruptcy abstract proposition of imprisonment for debt; but all would be referred to one of them, probably the Com- were willing to abolish it. He would say now, that whenmittee on the Judiciary, and, when it was so referred, ever the subject should be brought before that body, he that committee would then have before it the very sub- should vote for the bill if it proposed giving to the honject to which the gentlemen now wished to call the at- est creditor a right to compel a cession of property, but tention of the Senate, and for which he wished the ap- not otherwise. The Committee on the Judiciary would pointment of a Select Committee. Mr. M. was of opinion consist of men of talents and experience, and a subject that, where two subjects were so intimately blended to which would vitally affect millions of persons within gether, that they could not legislate on one without the United States, certainly would not be passed over. involving the other, both ought to be referred to the Mr. MILLS said he should be somy to be misundersame committee. In digesting and preparing an act to stood by the gentleman from Kentucky, or by any other : establish an uniform system of bankruptcy throughout his only wish, in the few remarks he offered, was to in
Dec. 12, 13, 1825.]
Imprisonment for Debt.
duce the gentleman from Kentucky, to permit his reso- object of such a system was merely to benefit the debtor lution to lie on the table till the standing Committees and, in consequence, the creditor became alarmed. This Tere elected, and if it was found that a large portion of was not the fact. One object certainly was to secure rebusiness was referred to the Committee on the Judiciary, lief to the honest debtor; but one equally important he would unite with him in referring it to a Select Com- would be considered, the securing the just rights of the mittee, provided the resolution offered by the gentleman creditor. Any one who had surveyed the United States from South Carolina, (Mr. HAYNE,) should go to the same during the last six months, and had witnessed the tremenCommittee; both propositions, Mr. M. said, had reference dous effects of the bankrupcies that had prevailed in difto the relationship between debtor and creditor, and it was ferent parts of the Union, must have been convinced that difficult to legislate so as to preserve the rights of the the most crying evils existed in regard to that subjectcreditor, and yet give liberty to the honest debtor, which fraudulent debtors giving undue preference, making false they all had so much at heart. When the two subjects consignments, &c. and putting fair dealing at defiance. should come before the same committee, they would con- Mr. H. said, whilst he was disposed to join with the gensider them in every point of view, and digest such a sys- tleman from Kentucky, in affording relief to honest debttem as would be acceptable to the House. The gentle. ors of every class and description, he should be no less man from Kentucky had asserted, that no Standing Com- anxious to secure the just rights of creditors. All he demittee in either House had ever brought forward a pro- sired was, that the whole subject, in all its bearings position of this kind: the gentleman had himself, Mr. M. and relations, should go to the enlightened committee, said, brought forward the subject on the first business who would deliberate seriously on it, and present the day of each Session for the last three years, and he would views which their deliberations would suggest ; and he appeal to him and to others whether its failure was not had no doubt, if the talents and experience of the Senate to be attributed to its having been brought forward ori- were directed to the subject, the result would be a wise ginally in an undigested form ; and whether there was and beneficial law. not more probability of something being accomplished by Mr. MILLS then moved to postpone the further consileaving one Committee to consider both propositions to-deration of the subject to Tuesday next, whicl., after a few gether, than by bringing each forward before distinct remarks from Mr. Johnson, of Kentucky, was agreed to. Committees. With this explanation, Mr. M. said he The Senate adjourned to Monday. should move to lay the resolution on the table. Mr. MACON, observed, that, to his mind, there was a
Monday, Dec. 12, 1825. clear distinction between the measure proposed by the This day was principally occupied in the clection of resolution and a bankrupt law. A law to abolish impri- Officers of the Senate. After several ballotings, WALTER sonment for debt would apply to all honest debtors of LOWRIE, of Pennsylvania, (late a member of this body) whatever class or vocation; whereas a bankrupt law was chosen Secretary. MountJoy Baller, was chosen would apply to a few comparatively, as he understood Sergeant at Arms, and HENRI Tims, Doorkeeper. The that bankrupt laws embraced merchants only; the lat- Rev. Dr. STAUOHTON was chosen Chaplain to the Senate. ter were also highly penal, and if a fraudulent bankrupt was caught, he would be severely punished. (Hanged, said Mr. Mills, in an under voice:] The gentleman
TUESDAY, DEC. 13, 1825. from Massachusetts says, hang him. I did not know, sir,
IMPRISONMENT FOR DEBT. that the people in his part of the country were so fond of
The Senate proceeded to the consideration of the folhanging; but I confess I prefer relieving debtors, honest lowing resolution, submitted on a former day, by Mr. Jounones, by the mode proposed by the gentleman from Ken- son, of Kentucky: tucky, and shall vote for his resolution.
"Resolved, That a Committee be appointed to inquire Mr. HAYNE, of $. C. said he had that morning the ho. into the expediency of abolishing Imprisonment for Debt." nor of submitting a resolution on the subject of bank
Mr. HAYNE, of s. C. thought the suggestion made on ruptcies; in so doing, his object was not to call for the the subject the other day, by the gentleman from Magga. immediate decision of the Senate on that proposition, but chusetts, (Mr. Mills,) a very good one, and he hoped it to refer it to some committee, when they shall have been would meet the approbation of the honorable mover: he appointed. He should be particularly desirous, if the should, therefore, move to amend the resolution by adding gentleman from Kentucky, (Mr. Johnson,) should obtain the following words: bis Select Committee, with a view of considering the
“And, also, that they be instructed to inquire into the subject in all its bearings, to ascertain how far process in expediency of establishing an uniform system of Bankruptthe Courts of the United States might be modified, and cy throughout the United States, with leave to report by how far general relief might be extended throughout the bill or otherwise.", Union; that the committee, viewing the whole of the Mr. H. remarked, further, that, by referring both subsubject, might present the result of their deliberations to jects te the same committee, sufficient time would be givthe Senate. He should still maintain his resolution, and en for the inquiry, and the whole ground would be occi.if the gentleman from Kentucky should succeed in his pied: the only objection would be, its not being referred proposition, he intended to move, at the proper time, to to the Committee on the Judiciary, but that committee refer it to that committee. He was not disposed to object would, he presumed, have so much to do, it would, probato that proposition, and he hoped that, in the spirit of bly, not be able to bestow the necessary attention on the mutual accommodation, he would not object to the sug
details of these measures. gestion which he now made. The proposition of the
Mr. JOHNSON, of Kentucky, said hc should make no gentleman from Kentucky, Mr. H. said, would afford re- objection, as far as he was concerned, but would vote for hef to unfortunate deblors of a particular class, for that the proposition, provided no objection were made to it by bill never did propose to extend it beyond the Courts of the Committee on the Judiciary. the United States. The relief afforded would, therefore,
The amendment was agreed to, and the resolution, as only be as one in a hundred; but a mild and judicious amended, adopted. bankrupt law would not be confined to this class, but its
The Committee was ordered to consist of seven members. benefits would be extended to every class throughout the
JUDICIAL PROCEEDINGS. Union. This was a subject for fair inquiry-there existed, The Senate then proceeded to the consideration of the Mr. H. said, in this Hlouse, and in the nation, a prejudice following resolution, sub ritted yesterday, by Mr. KANE, ou the subject of bankruptcy. Many imagined that the of Illinois:
On the Judiciary.
[Dec. 13, 1825.
“Resolved, that the Committee on the Judiciary be in a great constitutional question-one vitally interesting to structed to inquire into the expediency of so amending the the Union, and particularly to the State which he in part Acts of Congress regulating processes in the Courts of represented State which was unfortunate enough to be the United States as to place the persons and property the first member of this Confederacy, which had felt judi(with regard to the proceedings against them) of citizens cial power under the enactment of a code of laws issued of the States admitted into the Union since the 29th of Sep- under the name of Rules of Court. Mr. J. said, that the tember, 1789, upon a footing of equal security with the Federal Circuit and District Courts for the Kentucky Dispersons and
property of citizens of the original States." trict, had issued certain rules of court, which operated, to Mr. HOLMES, of Maine, said he should be much grati- all intents and purposes, as the execution laws of the State fied if the honorable gentleman who had moved the reso- of Kentucky, so far as related to judgments or decrees lution would briefly state his object in making the motion, obtained in the Federal Courts for that State. He had as his views would probably be useful to the Committee on not those rules of court to present to the Senate, which he the Judiciary.
called a code of execution laws; at a proper time, he hopMr. KANE then rose, and said, that the explanation reed to have it in his power to present them; for the prequired by the honorable gentleman from Maine, lay within sent he would say that these rules, if he recollected right, narrow limits, and might be explained in few words. The regulated the ca: sa. which took the body of the debtor; object is, as expressed upon the face of the resolution, to they regulated the forth-coming bond and the replevin procure such amendments in the acts of Congress, regu- bond ; the terms upon which real and personal estate lating processes in the Courts of the United States, as will should be sold; at what time, and upon what credit; and, place the citizens of the several Stites upon a footing of in fine, he considered the rules a complete system (of its equal security in their persons and property. The Pro- kind) of execution laws; laws which were not in force in cess act of the 28th September, 1789, amongst other Virginia; laws which were not in force in Kentucky; and things, in effect, provided that the modes of process in the laws which were not in force by acts of Congress. These Circuit and District Courts, in suits at common law, Courts, acting under the authority of the United States, should conform to those then used in the Supreme Courts declared that this power bad been exercised in conseof the States. By “modes of process” was meant, as is quence of a decision of the Supreme Court of the Union. decided in the case of Wayman vs. Southard, by the Su- He had not examined that opinion with so much accuracy preme Court, every step taken in a caruse; and " indicates as to give an opinion whether he concurred with the the progressive course of the business from its commence- Judges of the Circuit and District Court for the State of ment to its termination.” Thus, the persons and proper. Kentucky as to latitude of principle which they believed ty of the citizens of the States then in existence, were the Supreme Court had assumed. It would, however, placed under the protection and guardianship of their own become the bounden duty of Congress to look into that laws. This provision continued in force, without modifi. matter, and see if it were possible that irresponsible judication, until the act of May, 1792, was passed, by which cial officers had assumed the right, and had exercised the the same was made subject to such alterations and addi- power, of making laws for a sovereign and independent tions as the Circuit and District Courts might make, and State. He thought they might be satisfied with the exerto such regulations as the Supreme Court of the United cise of the power to declare State laws unconstitutional, States should, by rule, prescribe. He did not under- at their will and pleasure, and leave to the Representastand, nor did he know that it was so understood any tives of the People to frame the laws. From what he where, that these “modes of proceedings were by this could learn, he supposed the Judges had, in giving this latter act made subject to any alterations, additions, or re- opinion, doubted whether the regulation and creation of gulations, other than such as time and practice should rules, to regulate the sale of property, and the disposition show to be indispensable to the correct administration of of the body of the debtor, was the exercise of legislative justice. The benefits of the provisions of '89, have been power. MÍ. Johnson said he would appeal to every memadjudged to have application to the citizens of those ber of this body-he would appeal to every intelligent States only which had existence when the act was passed. jurist of this nation-whether, in England or America, if It was for the purpose of placing the citizens of other it was at all doubtful whether the system of execution States upon the same footing, that he ventured to intro- laws was not a substantive and a vitally important legisladuce this resolution. These citizens, in their persons and tive power; and whether, in all the States, in the United property, are now subject to be dealt with, not in a man- States, and in Great Britain, the statute books did not inner prescribed by their own laws, but accorling to such variably prove that legislative bodies, the Representatives rales as the Courts may think proper to adopt. The State of the People, where they exist, have not at all times which he had the honor in part to represent, as is the exercised this power exclusively: Mr. J. said, in many case with its neighbors, Indiana and Missouri, has no other cases the Court might be authorized to interfere in the than a District Judge. No inference was, however, to be forms of judicial proceedings; and, like the colors of the drawn from the few remarks he had submitted, tiat the rainbow, it might sometimes be doubtful where legislative Judges are blamcable for the mamer in which they have power ended and judicial power began. But, in the case exercised so large a discretion. The principle is to be mentioned, he could not conceive of a higher or more exdreaded; and the cause of complaint may be removed by clusively legislative question, than that which had domiextending the benefits of the act of '89 to all the States, nion over the property and liberty of the citizen. But, or by the passage of a law establishing a system uniform he said, he should not longer trespass upon the patience and impartial in its operations. It was not essential to the and courtesy of the Senate, but should conclude by sayexplanation required of him, nor to the purpose of the re-ing that he believed that the exercise of such a power, by solution, that he should, on this occasion, indicate a pre- the Judges, was as contrary to the spirit of our Constituference for any particular plan; but he would think himself tion, as if the King of England and his two Houses of fortunate if he had succeeded in convincing the Senate Lords and Commons had given us this code. that further legislation was necessary.
Mr. HOLMES, of Maine, said his object was attained Mr. R. M. JOHNSON, of Kentucky, remarked, that he by the clear explanation given by the honorable mover. had not taken notice of the proposition of the gentleman He had pointed out the evil and the remedy he proposed: from Illinois, until he found it on his table, and he was at this was the object he had in view in calling on him, and some loss to know the precise objects which the gentleman he was perfectly satisfied. intended to embrace ; but he was now extremely happy to The question was then taken and the resolution learn, from the esplanation given, that the motion involved agreed to.