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De the engrossment of the clanse Ford
The yeas and neys were ordered
The question was taken; and it
YOT VOTING-Veer Ideas Mirl!
Well, l'pson, Van Aerman, Bar Poly
| Barnes, Beatty, Beck, Beaton, Basa
Hawkins, Hill, Holmu, Chester I lote
Mr. WASHBURNE, of liscia, la separate vote on that clause.
The question was then taken spa me the clause just read to be engrosed
Tellers were ordered: and Mr. Beana
Mr. WASABERNE, of als
are amendments to the bill?
Mr. STEVENS, of Pennsyioni 1 that the bill be laid on the table
The SPEAKER That Do IT
Mr. RANDALL and XT. SPALDIEM
1 back; but I will withdraw for the past
Mr. PAINE. It is not so lange strane ora priation we made for the State of Pescu
The SPEAKER. No debate 111 that. The gentleman from Ilinois desas
arste vote on the item which bas josta
I by the Clerk.
were-ayes sevesty, noes not cres
So the clause was ordered to dete
The following clause was read ilon
Forimprovement of the Des Moinema)
Mr. GETZ, I ask for a septe ed.
Dodge, Fields, Finney, Fox, Glossbrenner, Griswold, The SPEAKER. The question now recurs Beaman, Bingham, Blair, Boles, Brooks, Broomall,
Burr, Chanler, Reader W. Clarke, Sidney Clarke,
Dawes. Dodge, Ela, Eldridge, Fields, Finney, Fox,
Garfield, Glossbrenner, Gravely, Haight, Halsey,
Judd, Kelley, Kerr, Kitchen, Knott, Laflin, Lincoln,
Logon, Lynch, McCarthy, McCullough, Morrissey, rence S. Trimble, Van Wyck, Ward, William B. not carry over ten hundred millions.
Nunn, Raum, Robertson, Schenck, Selye, Thoinas, Washburn, John T. Wilson, and Wood-61,
Mr. WASHBURNE, of Illinois. I demand John Trimble, Lawrence S. Trimble, Van Wyck, So the clause was ordered to be engrossed. the yeas and nays.
Ward, Henry D.Washburn, Thomas Williams. James
F.Wilson, John T. Wilson, Wood,and Woodbridge-55.
So the bill was passed.
The question was taken; and it was decided
Mr. ELIOT moved to reconsider the vote by Mr. WASHBURNE, of Illinois. As this
56; as follows: appropriation is in another bill, I move to
YEAS–Messrs. Bailey, Baker, Baldwin, Beatty,
the motion to reconsider be laid on the table. strike it out.
Benton, Blaine, Boles, Boutwell, Boyer, Buckland, The latter motion was agreed to.
CLOSE OF THE SESSION.
ano, Eckley, Ela, Farnsworth, Ferriss, Getz, Hill,
Hulburd, Johnson, Julian, Kelsey, Ketcham, Koontz,
Mr. WASHBURNE, of Illinois. I rise to
a privileged question. I offer the following is not in order. A separate vote may be asked
Randall, Ross, Shanks. Shellabarger, Sitgreaves, resolution :
Smith, Spalding, Aaron F. Stevens, Thaddeus Steon ordering the item to be engrossed.
Resolved, (the Senate concurring.) That the Presiyens, Stone, Taffe, Taylor, Trowbridge, Van Auken,
dent pro tempore of the Senate and the Speaker of Mr. WASHBURNE, of Illinois. I ask for a Van Trump, Elihu B. Washburne, Welkor, William the House adjourn their respective Houses without separate vote on the engrossment of the clause Williams, Stephen F. Wilson, Woodbridge, and Wood
day on Wednesday, the 15th day of July next, at
NAYS-Messrs. Adams, Allison, Ames, Anderson,
R. Ashley, Axtell, Banks,
I desire that we should adjourn at the earliest the affirmative.
Barnes, Beck, Benjamin, Roderick R. Butler, Cary, moment, because we shall have neither money
Churchill, Cobb, Cook, Cornell, Dixon, Donnelly,
nor credit left if we go on in this way. Gravely, Griswold, Grover, Hawkins, Higby, Hinds,
Mr. KELSEY. I move to amend so that it The following was read:
Holman, Hopkins, Hotchkiss, Chester D. Hubbard. will read, “ Adjourn their respective Houses Sec. 3. And be it further enacted, That tbe sum of Humphrey, Ingersoll, Jenckes, Jones, Loan, Lough$450,000 is hereby appropriated toward completing ridge, Lynch, Mallory, Maynard, McClurg, McCor
on the 15th day of July, at noon, until the 15th tbe Louisville and Portland canal, in accordance mick, McKee, Moorhead, Mungen, Myers, Newcomb,
day of September at noon. with tho plans and estimates made in the report of Nicholson, O'Neill, Paine, Perham, Peters, Pike, Pile, Mr. WASHBURNE, of Illinois. I demand General Godfrey Weitzel, and that the Government Poland, Polsley, Pomeroy, Price, Pruyn, Raum, Sawof the United States do hereby assume the payment yer, Scofield, Starkweather, Stewart, Stokes, Taber,
the previous question on the resolution and of the bonds issued for the completion of the said Twichell, Upson, Van Aernam. Burt Van Horn,
amendment. canal and branch, amounting to the sum of $1,567 : Robert T. Van Horn, Cadwalader C. Washburn, Mr. SPALDING. I move to lay the resoProvided. That all title to and right in said canal and Henry D. Washburn, William B. Washburn, James F. its appartenances be ceded to and vested in the Wilson, and Windom---81.
lution and amendment on the table. United States, and that the State of Kentucky shall NOT VOTING-Messrs. James M. Ashley, Bar
The motion was disagreed tomayes thirtyrelinquish all claim to the Government of the same; num, Beaman, Bingham, Blair, Bromwell, Brooks,
seven, noes not counted.
Mr. GARFIELD. Will the gentleman from
Illinois allow an amendment to substitute the
Mr. WASHBURNE, of Illinois. Oh, no.
The previous question was seconded and the
The question being on the amendment of
Mr. Kelsey, there were-ayes 30, noes 84. order that this section has already been voted
So the bill was not laid upon the table.
Mr. LOUGHRIDGE. I demand the yeas upon by yeas and nays on the motion to strike The bill was ordered to be engrossed and out.
read a thru time; and being engrossed, it was The SPEAKER. That is very true; but accordingly read the third time.
The yeas and nays were refused.
Mr. LOUGHBRIDGE. I call for tellers. under Rule 121 any member may call for a
Mr. ELIOT demanded the previous question
Tellers were refused. separate vote on ordering the section to be on the passage of the bill.
So the amendment was disagreed to. engrossed.
The previous question was seconded and the
The question recurred on the original reso
Mr. WASHBURNE, of Illinois. I should lution.
Mr. HIGBY. I demand the yeas and nays.
The yeas and nays were ordered.
The question was taken; and it was decided
in the affirmative-yeas 91, nays 47, not voting 63; as follows:
Mr. ELIOT. I hope the House will under 56; as follows:
stand the gentleman himself voted for the YEAS-Messrs. Adams, Allison, Archer, Astell,
Baker, Banks, Barnes, Beatty, Beck, Blaine, Boyer, erick R. Butler, Cary, Churchill, Çoburn, Cook, Cor amendments. [Laughter.]
Buckland, Benjamin F. Butler, Roderick R. Butler,
tleman from Massachusetts voted for them, nelly, Eggleston, Eldridge, Eliot, Ferriss, Garfield,
Getz, Golladay, Grover, Harding. Hill, Hinds, Hol
man, Hotchkiss, Chester D. Hubbard, Hulburd, lory, Maynard, McClurg, McCormick, McKee, Moor the table. I demand the yeas and nays. Humphrey, Ingersoll, Johnson, Jones, Julian, Kerr, head, Mullins, Mungen, Myers, Newcomb. Niblack, Nicholson, O'Neill, Orth, Paine, Peters, Pile, Plants,
The yeas and nays were ordered.
Ketcham, Koontz, George V. Lawrence, Loan, Mal
lory, Marshall, Marvin, McCormick, Mercur, Moore, Poland, Polsley, Price, Raum, Sawyer, Shanks, The question was taken; and it was decided
Mungen, Niblack, Nicholson, Orth, Peters, Phelps, Shellabarger, Stokes, Taber, Twichell, Van Aernam. in the affirmative-yeas 80, nays 59, not voting | Pike. Plants, Poland, Pomeroy. Price, Pruyn, Randall, Van Auken, Burt Van Horn, Robert T. Van Horn,
Robinson, Ross, Scofield, Shanks, Shellabarger. Sit55; as follows: Henry D. Washburn, Welker, and Thomas Wil
greaves, Smith, Starkweather, Stewart, Stone, Taber, liams-70.
YEAS-Messrs. Adams, Allison, Ames, Anderson,
Taffe, Trowbridge, Twichell, Upson, Van Auken,
Van Trump, Cadwalader C. Washburn, Elihu B. Beatty, Benjamin, Benton, Blaine, Boles, Boutwell, Beck, Roderick R. Butler, Cary, Churchill, Cobb, Cook,
Washburne, William B. Washburn, Welker. WilBromwell, Benjamin F. Butler, Sidney Clark, Cobb. Cornell, Dixon, Donnelly, Driggs, Eggleston, Eliot,
liam Williams, James F. Wilson, Stephen F. Wilson, Covode, Cullom, Delano, Eckley, Ela, Farnsworth, Ferry, Golladay, Griswold, Grover. Harding. Haw
Woodbridge, and Woodward-91,
NAYS-Messrs. Ames, Anderson, Arnell, Delos R.
kiss, Chester D. Hubbard, Hulburd, Humphrey,
Ashley, Bailey, Baldwin, Benjamin, Benton. Bout-
well, Cake. Sidney Clarke, Coburn, Covode, Cullom, Perham, Pike, Pomeroy, Pruyn, Randall, Ross, Sco nard McClurg, McCormick, McKeo, Moorhead, Mul
Driggs, Ela, Farnsworth, Ferry, Halsey, Higby, Hopfield, Sitgreaves, Smith, Spalding, Stark weather, Jins, Mungen, Myers, Newcomb, Nicholson, O'Neill,
kins, Jenckes, Kelsey, William Lawrence, LoughAaron F. Stevens, Stone, Taffe, Taylor, Thomas, Paine, Perham, Peters, Pike, Pile, Plants, Poland,
ridge, Lynch, Maynard, MeClurg, Miller, Moorbead, Trowbridge, Cadwalader c. Washburn, Elihu B. Polsley, Pomeroy, Price, Pruyn, Robinson, Roots,
Morrell, Mullins, Myers, O'Neill, Paine, Perbam,
Pile, Raum, Roots, Sawyer, Aaron F. Stevens, Stokes,
Taylor, Burt Van Horn, Robert T. Van Horn, Henry
D. Washburn, and Thomas Williams-47.
NOT VOTING-Messrs. James M. Ashley, Bar-
num, Beaman, Binghain, Blair, Boles, Bromwell, Clarke, Dawes, Dodge, Eldridge. Fields, Finney, Fox, Benjamin, Benton, Blaine, Boutwell, Boyer. Brom
Brooks, Broomall, Burr, Chanler, Reader W. Clarke, Garfield, Glossbrenner, Griswold, Haight. Halsey, well, Buckland, Benjamin F. Butler, Cake, Coburn,
Cobb, Dawes, Dodge, Eckley, Fields, Finney. Fox, Harding, Hooper, Hopkins, Hotchkiss, Asahel W. Covode,Cullom, Delano, Eckley, Farnsworth, Ferriss,
Glossbrenner, Gravely, Griswold, Haight, Hawkins, Hubbard, Richard D. Hubbard, Hunter, Jones, Judd, Getz, Hill, Ingersoll, Johnson, Julian, Kelsey,
Hooper, Asabel W. Hubbard, Richard D. Hubbard, Kelley, Kitchen, Knott, Latin, Lincoln, Logan, Ketcham, Koontz, George V. Lawrence. William
Hanter, Judd. Kelley, Kitchen, Knott, Laflin. LinLynch, McCarthy, McCullough, Morrissey, Nunn, Lawrence, Marshall, Marvin, Mercur. Miller, Moore,
coln, Logan, McCarthy, McCullough, McKee, MorPhelps, Robertson, Robinson, Roots, Schenck, Selye, Morrell, Niblack, Orth, Phelps. Randall, Ross,
rissey, Newcomb, Nuun, Polsley, Robertson, Sobeck, Thaddeus Stevens, Stewart, John Trimble, Lawrence Shanks, Shellabarger, Sitgreaves, Sunith, Spalding,
Selye, Spalding. Thaddeus Stevens, Thomas, John
Trimble. Lawrence S. Trimble, Van Aernam,
Van Wyck, Ward, John T. Wilson, Windom, and
Mr. WASHBURNE. of lines ir amend the clause by striking, inserting "four," so as to make me tion $400,000
The SPEAKER. Au amendes
Mr. WASHBURNE, of link ls
Mr. GETZ. I call for the great
in the affirmative-seas 78, 097 L**
, Ingersoll, depan
NAYS-- Mesere, Archet. Bailes, Butel
. Butler, Coburn. Cornell, Carate Brian Ela, Eldridge, Faraseostá, Ferris tortas son. Julian, Kelser, Kitchen, Kawa bere rence, William Larrence, Manel ten
ORDER OF BUSINESS.
PROTECTION OF AMERICAN CITIZENS.
Mr. WASHBURNE, of Illinois, moved to ELECTION CONTEST-HOGAN VS. PILE. bill will probably strike the House as rather reconsider the vote by which the resolution
Mr. COOK. I desire to give notice that I remarkable. In fact there is now no law authorizwas passed ; and also moved that the motion to
ing the chairman of any committee to admin.
ister an oath to persons applying for payment The latter motion was agreed to. after the case of Switzler vs. Anderson shall
out of the contingent fund. All this bill does CUSTOM-HOUSE AT PITTSBURG, be disposed of.
is to authorize the chairman of a committee in
his discretion to administer such an oath.
The amendment was agreed to.
The bill, as amended, was then ordered to be architect of the Treasury, relative to the con
engrossed and read a third time; and being in relation to affixing revenue stamps to writdition of the building used by the Government ten instruments; which was read a first and time, and passed.
engrossed, it was accordingly read the third at Pittsburg for a custom-house; which was second time, and referred to the Committee of ordered to be printed, and referred to the Com
The SPEAKER. The Chair would suggest Ways and Means. mittee on the Post Office and Post Roads.
to the gentleman from Wisconsin, [Mr. Eu
RIDGE,] that the fact being as he states, it ELECTION CONTEST-SWITZLER VS. ANDERSON.
Mr. BANKS resumed the floor.
would perhaps be well to refer this subject to Mr. POLAND. I desire to say, for a variety Mr. TROWBRIDGE. I rise to put a par
the Committee on the Rules, in order that an of reasons, I have concluded to waive my right | liamentary question to the Chair. Does the additional rule may be adopted to remedy the to call up to-day the election case of Switzler yielding of the gentleman from Vermont (Mr.
difficulty should the Senate fail to act upon vs. Anderson, of which I have heretofore given | POLAND] on the question of privilege to the
this bill, notice, and I now give notice that I will call it chairman of the Committee on Foreign Affairs Mr. ELDRIDGE. Very well; I will adopt up on Wednesday of next week after the morn deprive us of the morning hour? Before the the suggestion of the Chair, and move that the ing hour. 1 yield the floor, therefore, to the gentleman proceeds I would like to make that Committee on the Rules be instructed to exam. chairman of the Comınittee on Foreign Affairs, 1 point.
ine and report upon the subject of the admin. who is very anxious to proceed to the consid The SPEAKER. If the gentleman makes istering of oaths by chairmen of committees eration of the subject of which he has given that point the Chair will have to sustain it. of the House to persons claiming pay from the notice.
Mr. BANKS. Unanimous consent was given contingent fund of the House.
The motion was agreed to.
JURISDICTION IN ADMIRALTY.
Mr. ELDRIDGE. I have been instructed Mr. NIBLACK, by unanimous consent, of.
The SPEAKER, The Chair will state that he has examined the Journal, and that the adversely upon House bill No. 819, to amend
by the Committee on the Judiciary to report fered the following resolution ; which was read, considered, and agreed to: bill was made the special order for to-day after
an act entitled "An act extending the jurisdie. the morning hour, as all special orders have Resolved, (as the sense of this House) That the pres
tion of district courts to certain cases upon the ent session of this Congress ought not to adjourn
been made for after the morning hour.
lakes and the navigable waters connecting the made by law for the protection of American citizens,
same," approved February 26, 1845.
The bill was laid on the table.
The SPEAKER. If the gentleman from
Mr. ELDRIDGE. I am also instructed by
the Committee on the Judiciary to report back Mr. BANKS. Before moving to go into Union is not in order antil after the morning
House bill No. 293, to regulate and limit the Committee of the Whole on the state of the hour.
admiralty jurisdiction of the district courts of Union, I yield to the gentleman from Ohio, Mr. TROWBRIDGE. I do insist on it.
the United States in certain cases, with an (Mr. DELANO. ]
The SPEAKER. Then the morning hour
amendment in the form of an additional sec. Mr. DELANO, by unavimous consent, sub
commences, and reports are in order from the tion, embodying the substance of the bill just mitted the following resolutions, which were Committee on the Judiciary, whichás entitled
Jaid on the table. referred to the Committee on Foreign Affairs, to another morning hour.
The bill, which was read, provides that the and ordered to be printed in the Globe:
district courts of the United States sball be
ADMINISTRATION OF OATIIS, ETC.
authorized to possess and exercise the same
the Judiciary, reported back, with an amend. arising in, upon, or concerning, steamboats imperfect until Congress shall have passed such laws
ment and with the recommendation that it do and other vessels of twenty tons burden and as are necessary to carry such treaties into effeci; pass, the bill (H. R. No. 90) to authorize and upward, enrolled and licensed for the coasting and that this House is not required, by a just inter
require the administration of oaths in certain pretation of the Constitution, to pass laws necessary
or other trade, and at the time engaged in the to the cxecution of ench trenties unless it approves
cases and to puuish perjury in connection there business of commerce and navigation between the objects and stipulations theroin en braced. with.
ports and places in different States and Terri: Resolved, That a treaty which stipulates for tho The bill was read. It authorizes the chairpayment of money undertakes to that which the
tories upon the lakes and navigable waters treaty-makipg power cannot do without the aid of man or acting chairman of any standing, select, connecting said lakes, or upon any of the inlegislation, and therefore such a treaty is not the joint, or other committee of the Senate or land navigable rivers or other waters of the supreme law of the land until the required legisla
House of Representatives of the United States, tion has been obtained; and members of this House,
United States, as is now possessed and exerwhile deliberating upon propositions for executing
whose duty or business shall be by virtue of cised by the said courts in the cases of the like such treaty, act on their own judgment and responsi any law, resolution, or custom in either House steamboats and other vessels employed in navbility, and not on the judgment and responsibility
to audit or approve any claim, demand, or of the treaty-making power.
igation and commerce upon the high seas or Resolved. That forcigo Governments are presuined
account against the Government, to be paid | tide-waters within the admiralty and maritime to know that the power to appropriate money is out of the contingent or other funds of either jurisdiction of the United States, and in all vested in Congress, and that no act of any one part House or otherwise, to require the person or of the Government can be regarded as a law until
suits brought in such courts, in all such matters such act has the sanction of all Departments of the
officer making the claim or presenting the l of contract or tort, the remedies and the forms Government roquired by the Constitution to give it same to attach his affidavit thereto in writing of process, and the modes of proceedings shall the force of law.
to the effect that the same is just, due, and be the same as are or may be used by such Resolded, That the integrity and limits of the territory of this nation cannot be altered or changed unpaid, and in accordance with the law per
courts in cases of admiralty and maritime taining thereto. It anthorizes such chairman jurisdiction; and the maritime law of the except by the will of the nation, given by express grant or implied by acquiescence; and therefore the
or acting chairman to administer all oaths United States, so far as the same is or may treaty-making power has no authority under the Constitution to dispose of the nation's territory nor
required in connection therewith, and it is be applicable thereto, shall constitute the rule to acquire new territory without obtainiog the assent made the duty of such chairman or acting of decision in such suits, in the same manner: of the nation therefor in one or the other of the
chairman to require such affidavits in all cases and to the same extent, and with the same forms herein indicated.
where he believes, or has reason to believe, that equities as it now does in cases of admiralty WILLIAM H. JIARMAN.
the public interest will be promoted thereby, and maritime jurisdiction, saving, however, 40 Mr. BANKS. I now yield to the gentleman or where the majority of the committee direct the parties the right of trial by jury of all from West Virginia, (Mr. HUBBARD.] him so to do. The second section provides that facts put in issue in such suits where either On motion of Mr. HUBBARD, of West Vir
party shall require it; and saving, also, to the ginia, by unanimous consent, the bill (S. No. perjury before any such committee in swear parties the right of a concurrent remedy at 183) for the relief of William H. Harman was ing to any such claim shall be liable to the
the common law where it is competent to taken from the Speaker's table, read a first and pains, penalties, and disabilities prescribed
give it, and any concurrent remedy which may second time, and referred to the Committee of for the punishment of willful and corrupt per:
be given by the State laws, where such steam. Ways and Means. jury.
boat or other vessel is employed in such busiMr. WASHBURNE, of Illinois, moved to The amendment reported by the Committee ness of commerce and navigation; provided, reconsider the vote by which the bill was re on the Judiciary was to strike out the words that whenever in any such case or controversy
and in accordance with the law pertaining ferred; and also moved that the motion to
any such district court shall first obtain juristhereto.'' reconsider be laid on the table.
diction in any litigation over any such steam The latter motion was agreed to.
Mr. ELDRIDGE. The necessity for this
boat or vessel, such jurisdiction shall be exclu
any person or officer who shall be guilty of pas
he of contract or tort, the remedies
bill will probably strike the Bose su remarkahle. In fact there is now molarut ing the chairman of any commiter han out of the contingent fund
. At end
ligjin is to authorize the chairman of a comme his discretion to administer such an inte
The amendment was agreed to.
The bill, as amended, was then urter engrossed and read a third time: ein engrossed, it was accordingly read tas
time, and passed. î
The SPEAKER. The Chair main to the gentleman from Wisconsie, L. | RIDGE,] that the fact being a bene
would perhaps be well to refer tes a the Committee on the Rules
, in order de addi:ional rule may be adopted a me 1. difficulty should the Senate dal :
Mr. ELDRIDGE Terytetu
be this bill.
he the suggestion of the Chair, and was ! Committee on the Rules be instruction
ine and report upon the subject of an ed' istering of oaths by chairmen el cam
1 of the House to persons claiming para en contingent fand of the House.
The motion was agreed to cide
JURISDICTION IS ADNIRAM.
Wr. ELDRIDGE. I have been we E a: by the Committee on the Jodies
adversely upon House bill No. an act entitled "An act extendingar ilon of district courts to certain carta lakes and the navigable waters desen same," approved February X. N. The bill was laid on the isbie
. Mr. ELDRIDGE. I am also me
the Committee on the Judiciarte y ing
House bill .No. 293. to registerets the Coited States in certain cities amendment in the form of an
admiralı, jurisdiction of the disas
sive of the jurisdiction of all State courts in insist that the bill is no “jumble" at all; but exercise greatly promoted the prosperity and such case.
the law as it has existed seems to be a good happiness of the people. The amendments of the committee were to deal jumbled up in the head of the gentleman But it is now denied and declared never to strike out “twenty" and insert "ten" before from Pennsylvania, and he does not seem quite have had any legal existence. By a sweeping the words "tons burden and upward ;'' also ready to apply the principles of this bill to the edict of superior judicial power and constructo add to the bill the following:
law as it now exists. I insist that the law as tion it is absolutely annulled and destroyed. SEC. 2. And be it further enacted, That the matters
it stood under the Constitution and the act of In the cases of the Moses Taylor, from Cali. of contract mentioned in the foregoing section shall 1787 extended the adıniralty jurisdiction of the fornia, and The Hine vs. Trevor, from lowa, be held to extend to and embrace all cases of con United States to all our navigable waters, the Supreme Court of the United States, in tracts for repairs to materials or supplies furnished for steamboats or other vessels of the class therein rivers, lakes, and everything else. But in the December, 1860, decided that described, enrolled and licensed in the coastingtrade, minds of some persons it was supposed to have “l. The admiralty jurisdiction, to which the power and employed in the business therein mentioned been limited to those waters where the tide of the Federal judiciary is, by the Constitution, deand the maritime laws shall extend against such
clared to extend, is not limited to tidc-water, list ebbs and flows, corresponding with the docsteamboats and vessels for such repairs, materials,
covers the entire navigable roaters of the United States. and supplies, to be enforced in admiralty, subject to trine held in England. The act of 1845, while "2. Theoriginaljurisdiction in admiralty exercised the right of trial byjury and the concurrent remedies it was intended to extend the jurisdiction of by the district courts, by virtue
of the act of 1789, is provided in the foregoing section. the admiralty courts, was in fact a limitation
exclusive not only of other Federal courts, but of the
State courta also.
upon it. The act of 1845 limited that jurisdic. "3. And that, therefore, State statutes, relating to ments reported from the Committee on the
tion to vessels of twenty tons burden, whereas western inland rivers, which attempt to confer upon Judiciary. by the law of 1787 it had been extended to ves
Stato courts a remedy for marine torts and marine Mr. WOODWARD, I want to know a little | sels of ten tons burden. The act of 1845 was
contracts, by proceedings strictly in rem. are void,
because they are in conflict with that act of Conmore about this bill. I have listened to the therefore to that extent a limitation. In addi gress."--4 Wallace Reports, pp. 411, 555, reading of it by the Clerk, and if I understand tion to this that act limited the jurisdiction to Mr. Chairman, it will be readily seen and it-I am told by gentlemen around me that I || vessels employed in commerce and navigation fully appreciated by the House to what a radido not understand it--this bill extends ad.
between ports and places in different States. cal extent the jurisdiction of the State courts miralty jurisdiction to every canal-boat on all || This bill is intended to do away with what was has been divested and that of the Federal the canals of this country. I observe that there I supposed in that bill to be a limitation by courts extended and enlarged by the course of is a most unskillful jumble in the bill about extending the jurisdictior to those boats and decisions to which I have referred. It will also trial by jury. Now, trial by jury is unknown ressels which ply between ports of this country be seen how important it is to the interests of in admiralty jurisdiction. But how you are and the ports of Canada. "I do not apprehend the people that Congress shall give thought to going to extend the admiralty jurisdiction of that it will have, as the gentleman from Penn: the duties imposed upon it by these great the United States to all the interior waters of sylvania supposes, any such effect as to extend changes. the country, carrying with it trial by jury, I do this jurisdiction to canal.hoats.
But it may be alleged that the power does not see very well. Surely that provision does I yield to the gentleman from Indiana, [Mr. not exist in Congress to confer jurisdiction not take away the objection I have to the bill. KERR,] who, I think, will satisfy my critical upon State courts over cases arising in any If I understand this bill--if I do not the gentle | friend from Pennsylvania that this bill is not part of the country which properly belong to man from Wisconsin (Mr. ELDRIDGE) will cor. such a "jumble" as he supposés it to be. admiralty and maritime jurisdiction. If this rect me--this is a proposition to subject all the Mr. KÉRR. Mr. Speaker, I am not sure were now an original proposition I should feel navigable waters of the United States to the that I shall be able to satisfy my distinguished compelled to deny the existence of any such admiralty jurisdiction of the United States. friend from Pennsylvania (Mr. WoodwARD) power. It is not, however ; but, on the con
Mr. ELDRIDGE. I do not think it has that with reference to the provisions of this bill; trary, is res adjudicata, at least in the Federal
and continue by express enactment the con. Mr. WOODWARD. Allow me to say that I had the honor to introduce the bill, and I || current jurisdiction of the State courts over I have only heard the bill read.
desire now to state the reasons for its' intro. cases of this kind which arise "upon the lakes Mr. ELDRIDGE. If the gentleman had duction. Prior to 1851 it was held in this and navigable waters connecting said lakes, or read the act of 1845 he would find in it all the country that the State courts of the Union had upon any
of the inland navigable rivers or other objections which he suggests to this bill. In || jurisdiction in all matters arising upon our waters of the United States.'' my judgment this bill does not extend the inland navigable waters, which, if they had In the case of The Hine vs. Trevor, already admiralty jurisdiction of the courts of the arisen elsewhere, upon tide-water, or perhaps referred to, the Supreme Court say: United States at all; it is simply a limitation on our great lakes, would have been proper "2. The grant of admiralty powers to the district upon that admiralty jurisdiction. It is intended subjects
of maritime and admiralty jurisdiction. courts of the United States by the ninth section of to explain a discrepancy or a misapprehension But in 1851, in the famous case of the Genesee
the act of September 24, 1789, is coextensive with this
grant in the Constitution as to the character of the which has existed in regard to the act of 1845, || Chief, (12 Howard R., 457,) all of the previous waters over wbich it extends. and in regard to the jurisdiction conferred by decisions limiting the admiralty jurisdiction of
"3. The act of February 26, 1815, is a limitation of the act of 1787. By the Constitution of the the Federal courts to tide-water were overruled
the powers granted by the act of 1789 as regards cases
arising upon the lakes, and navigable waters conUnited States and the act of 1787 the admi.
by the same court, and the broad doctrine necting said lakes in the following particulars : ralty court, in my judgment, possesses all the declared that that jurisdiction extends where "1. It limits the jurisdiction to vessels of twenty jurisdiction that is sought to be conferred by ever ships float and navigation successfully aids
tons burden and upwards, enrolled and licensed for
the coasting trade, and which are employed in comthis bill. This bill is to explain and to apply commerce, whether internal or external. That
merce and navigation between ports and places in the provisions of the act of 1845 to the lakes case rose out of a collision between two ves different States. and the connecting waters of the lakes, as it was suis on Lake Ontario. Its doctrine has been
" 2. It grants a jury trial if either party shall de
mand it.'* intended by that act to apply it.
many times affirmed by the same court in subMr. WOODWARD. What the gentleman sequent cases. In some cases this jurisdiction
Now, I desire to say here to my learned says about my not understanding this bill may has been exercised by Federal courts in the
friend from Pennsylvania that the Federal be correct, for I never heard it or of it until I l avowed execution of State statutes, and not
courts have repeatedly held that law valid; heard it read at the Clerk's desk. But I sub under any claim of a general common-law
that it is competent to give suitors in the Fed. mit that a bill which is so much misunderstood power in these courts to such a jurisdiction.
eral courts the right of trial by jury in admi. as the gentleman from Wisconsin says this bill It was not, however, in any of the cases
ralty cases, and it has been enforced in all the is ought to be the subject of more deliberate prior to 1866 decided by the Supreme Court
States bordering upon the lakes. consideration than he proposes we shall give || that the jurisdiction of the district courts in
"3. The jurisdiction is not exclusive, but is ex
pressly made concurrent with such reinedies as may this bill.... It cannot harm any possible interest | admiralty and maritime cases arising on our be given by State laws." if the bill be postponed to some future day, inland rivers was exclusive of the jurisdiction that we may have an opportunity to learn what bitherto cuustantly claimed and exercised by
It thus appears that the right of Congress
to make jurisdiction in such case concurrent it is, that we may have an opportunity to study the State conrts. On the contrary, it was either
between the Federal and State courts is fully its relations to previous laws and the decisions of the Supreme Court upon the admiralty juris- | jurisdiction of the State courts cover all such recognized by the Supreme Court, and may, diction of the United States. If I understand cases was concurrent with that of the districtered established. But the act of February 26,
for the purposes of this argument, be considthe bill, I regard it as one of most mis courts of the United States. The State courts
1845, only makes such jurisdiction concurrent chievous consequence. I should be sorry to along our western rivers have, therefore, con
where the cases arise out of commerce upon see it passed without proper consideration tinued to exercise uninterrupted, if not unquesunder the lead of my friend from Wisconsin. tioned, jurisdiction in such matters.
the lakes and their connecting waters. In the Being
case just mentioned that court say:
"The grant of original admiralty jurisdiction by
the act of 1789, including, as it does, all cases not ought to have an opportunity to consider such more prompt and satisfactory remedies than covered by the act of 1845. is exclusive, not only of questions. more remote Federal courts could do.
all other Federal courts, but of all State courts. Mr. ELDRIDGE. As the gentleman from I cannot persuade myself that the denial of Now, the very object of this bill is to extend Pennsylvania does not see fit to enlighten the their jurisdiction is not a great public misfor. | the provisions of the act of 1845 to our inland House upon the subject of the bill, and admits tune to the people of the country, whether that navigable rivers and other inland navigable his inability to do so, I think he ought to have denial be legal or illegal. Their jurisdiction has waters, as well as to the lakes and their conforborne to say that this bill is such a terrible been acquiesced in and approved for more thannecting waters; so that the local State courts “jumble
” as he represents it to be. Now, I il half a century, and the beneficent results of its ll in the vicinity of our great western water 40TH CONG. 20 Sess.-No. 227.
tion, embodying the substance at 3. motud laid on the table.
The bill, which was reai, per ** district courts of the l'aised Sun
a stbarized to possess and exercitat (11 jurisdiction in matters of contero
arising in, apon, or concerning the do and other vessels of twenty tous le Bu upward, enroiled and licensed is zo
or other trade, and at the time eetter business of commerce and maraton ports and places in diferent durant
tories upon the lakes and narrati! ...connecting said lakes, or apes alis"
land navigable rivers or other rate
cised by the said courts in the clic in steamboats and other ressels een 15
op jgation and commerce upon the it' wil tide-waters witbin the admiraniyasi Her jurisdiction of the United States do por suits broaght in such coarts, is song
of process, and the modes of praepite d be the same as are or may be bene
courts in cases of admiralty
ing of decision in sach suits, in the same
bat equities as it now does in
and maritime jurisdiction, caring bacon
shall require it: and soit parties the right of a coreams ved give it
, and any concurrent remette be given by the State izos, obene om boat or other vessel is employed as
ness of commerce and marginal ng any such distriet court shaili biors already
diction in any litigation over det en
vessel, such jarisdictes sin
Un of the bi
NOV Si. Jo
the right ought to be denied in such cases. It || for in regard to such wrongs in our different , accordingly read the third time, and passed.
highways shall retain and continue to exercise
0817196 jurisdiction in the exceedingly numerous cases
TITLES TO LAND WARRANTS. Mr. ELDRIDGE. Certainly. What is the which arise out of the commerce carried on question ?
Mr. WOODBRIDGE, from the same com. upon those streams, which is nearly equal to
Mr. MUNGEN. Will this bill, if passed,
mittee, reported back a bill (H. R. No. 568) all the other commerce of the entire country compel litigants to seek redress for trivial
explanatory of the act entitled "An act declar. in extent, value, and importance. It is anotber wrongs on inland waters in the Federal courts
ing the titles to land warrants in certain object of this bill to secure the right of a trial of the different judicial districts of the United
cases," with a recommendation that it do pass. States? If two canal-boats collide on any of by jury in such cases. This right exists uuder
The bill provides that the act referred 10, all the systems of State laws for the regulation the cook or any other man aboard sustains a the “raging canawls" of Ohio or Indiana, and
approved June 3, 1858, shall be so construed of such jurisdiction, But, I admit, the remedies slight personal injury, will the cook aforesaid
as to authorize the legal representatives of the in admiralty, which are derived from the civil
deceased claimants to file the proof necessary be compelled to go into a Federal court where and not from the common law, do not allow the costs and expenses of litigation are so enor:
to perfect the claims. or include the right of jury trial. This, how
The bill was ordered to be engrossed and mous to seek for damages? There certainly I read a third time; and being engrossed, it was ever, by no means justifies the conclusion that modes of
The la iz in harmony with our general jurisprudence | State courts. If this be the intention of the to allow that great right in all cases. There | bill, I am opposed to it.
the vote by which the bill was passed ; and also is nothing in the nature of the cases which
moved that the motion to reconsider be laid on
Nr. C arise in connection with our vast inland water tirely mistaken. That is the very question commerce to distinguish them in any material which troubled my friend from Pennsylvania.
The latter motion was agreed to. respect from the general classes of civil actions Mr. MUNGEN. If so, I am glad of it. I
the lirit which engage the attention of our courts. The only asked for information, not having heard Mr. WOODBRIDGE, from the same comextension of admiralty and maritime jurisdic. || the gentleman's remarks on the bill. With || mittee, reported back a bill (I. R. No. 501)
Thet tion, by a sort of judicial legislation to all the understanding that its object is to give State explanatory of an act entitled "An act to regu: the inland waters of our country on which courts jurisdiction and lessen the expense of late prize proceedings and the distribution of of vessels float and navigation successfully aids | litigation I am for the measure, and will sup prize money, and for other purposes," approved cominerce,'' has entirely destroyed the intrinsic port it with my vote.
June 30, 1864; which was ordered to be printed, difference between such jurisdiction and the Mr. ELDRIDGE. I am only the agent of and recommitted to the coinmittee. general civil jurisdiction of the courts. The the committee, and the gentleman must not Mr. WOODBRIDGE. I desire to enter a right of trial by jury ought therefore to be blame me for insisting, as there are a number motion to reconsider, secured. This bill does not propose to give of bills to be reported, on the demand for the The motion to reconsider was entered. that right in cases in admiralty which arise || previous question. out of the external commerce of the country, Mr. WOODWARD, I did not intend to
COURTS IN IDAHO AND MONTANA. and cannot be tried in any State tribunals, but invoke any lecture from the gentleman from
Mr. CHURCHILL, from the Committee on only in Federal courts. Wisconsin by simply asking time enough to
the Judiciary, reported back a bill (H. R. No. Now, we are in this anomalous condition in
understand this bill. That is the front of my | 263) amendatory of the organic act of Idaho, on the this country. Under this and other decisions
offending. I have asked this legislative body extending jurisdiction of justices of the peace, of the Supreme Court of the United States shall allow one of its members to understand with au amendment in the nature of a substiadmiralty jurisdiction of the Federal courts is this bill. I do not say I shall vote against it.
tute therefor. exclusive of the entire judicial power of the From hearing it read at the desk it seemned to
The substitute was reported. It provides me to be a bill eminently worthy to be exam
that the organic act of the Territories of Idaho it arise upon the gulf or open waters of the ined; and I think
my honorable friend, my and Montana, and the acts aiending the same, world, or upon any of our inland rivers navi.
testy friend from Wisconsin, should allow us so far as they relate to the jurisdiction of progable by steamboats, except cases arising on time to understand this bill before being called
bate courts and of justices of the peace, be the lakes and their connecting waters.
amended as follows: the probate courts in said are in that peculiar condition in which one of Mr. ELDRIDGE. This bill has been on the || Territories in their respective counties, in adthese cases may arise upon one of the lakes,
gentleman's file for four months, and he has dition to their probate jurisdiction, are hereby and then the jurisdiction of the local State | bad ample time to study it and make himself
authorized to hear and determine civil causes CIFIE courts is concurrent with that of the Federal
acquainted with it.
He did not kuow or un wherein the debt or damage does not exceed courts, and the right of trial by jury is secured ;
derstand the position in which I am placed or $2,000, and also such criminal cases arising but, if the case arise upon any of our great he would not get angry and scold me because | under the laws of said Territories as do not the western rivers, then the jurisdiction of the I cannot yield him further time. He cannot
require the intervention of a grand jury; proFederal courts is absolutely exclusive, and the know I ain the agent of the committee in vided that said probate courts shall not have right of trial by jury is denied. This condition reporting this bill, or he would not have accused jurisdiction in any matter in controversy ought not to continue a single day. It is inju my friend from Indiana with jumbling up 'mat
wherein the title or right to the peaceable of rious to the country, unjust to the people, ters in this bill. He says he is not familiar | possession of land may be in dispute, nor of unequal in its effect upon different sections, and with it, and from what he said I am sure he chancery or divorce cases. And provided absurd in itself. It arises out of and results does not know anything about it.
further, that in all cases an appeal may be taken from the decisions to which I have referred.
Mr. BOUTWELL. I object to the gentle from any order, judgment, or decree of said It can have no remedy except by congressional man from Wisconsin yielding further.
probate courts to the supreme court of the legislation. This bill provides a remedy, makes
Mr. ELDRIDGE. I demand the previous Territory. The judge of each probate court in the law equal and just, saves the rigbt of suitors question.
Montana, when the population shall exceed to seek their remedies in the State courts, and
The previous question was seconded and the six thousand, may, if the Legislative Assembly secures the right of trial by jury.
main question ordered; and under the opera. of the territory so authorize, appoint a clerk The object of this bill, Mr. Speaker, is to tion tbereof the bill was ordered to be engrossed for said court, who shall hold said office durcarry out the doctrine established in the act of
and read a third time; and being engrossed, it | ing the session of the court, and shall receive 1845 as to the lakes, and to give to the local was accordingly read the third tiine.
such fees as may be fixed by law. The protribunals of the States concurrent jurisdiction Mr. WOODWARD. Idemand the yeas and
bate courts in Montana where the Legislative with the Federal tribunals, to the end that jus. nays.
Assembly shall bave authorized the appointtice may be cheapened and made more conven
The yeas and nays were not ordered.
ment of a clerk as herein provided shall be ient and accessible to the people, and so that
The bill was passed.
courts of record. Section two provides that juswe may maintain and reëstablish the very juris. diction for which my friend from Pennsylvania
Mr. ELDRIDGE, moved to reconsider the
tices of the peace in said Territories in actions vote by which the bill was passed ; and also
and proceedings of which they now have jurisis so anxious to have security in his bill. The moved that the motion to reconsider be laid
diction by the laws of said Territories, and the object of this bill is to continue in operation the on the table.
acts hereby amended, are authorized to hear well-considered systems of State laws for the
The latter motion was agreed to.
and determine matters in controversy wherein regulation of such cases in the State courts, aud to suspend the effect of the judicial repeal
the debt or sum claimed shall not exceed the
sum of $300. of them by the Supreme Court. Mr. ELDRIDGE. My friend from Indiana || also reported back adversely House Bill No. Mr. ELDRIDGE, from the same committee,
Mr. CULLOM. I would inquire if this bill has made a good speech. I have understood
has been considered by the committee? 182, extending the provisions of the act entitled
Mr. CHURCHILL. no one has any difficulty about this bill but my
This substitute was distinguished friend from Pennsylvania ; and
“An act fixing the compensation of bailiffs drawn substantially by the chairman of the
and criers of the courts for the District of Conow that it is shown not to be a jumble,'' and
committee, and is approved by the committee. that the act of 1845 provided for a jury, now
lumbia ;" and the same was laid on the table, It extends to the probate courts of these two that it is relieved of this difficulty, I demand
ACKNOWLEDGMENT OF DEEDS,
Territories, and also to the justices of the peace, the previous question.
Mr. WOODBRIDGE, from the Committee
the same jurisdiction that has been exercised Mr. MUNGEN. For the purpose of inform
for the last five years by the same courts in ation, I desire to ask the gentleinan from Wis.
on the Judiciary, reported adversely on the
the Territory of Colorado, and which has been consin [Mr. ELDRIDGE) a question touching | acknowledgment of deeds in the District of
found to work very beneficially. I call the the effect which this bill will have if passed.
previous question, Columbia; wbich was laid on the table.
The previous question was seconded and th
robate courts to the supreide me
78 the session of the court, anda?
ces of the peace in said Territome da se
id determine matters in Cobury
the last five years by the con
ind to work rery benehcix/7. leta
TITLES TO LAND WARRANTS. Mr. WOODBRIDGE, from the same man ktet, reported back a bil HRVA planatory of the act entitled " Au sei den
the tiles to land warran's in a Ees," with a recommendation that it on
The bill provides that the act relee proved Jupe 3, 1858, shall be so creen to authorize the legal representatives ceased claimants to file the proof one perfect the claims. The bill was ordered to be engreed au a third time; and being er grosimo, in ccordingly read tbe third time, sad pas
Mr. WOODBRIDGE moved to meet te vote by which the bill was paced unde oved that the mouion to reconsider e table. The latter motion was agreed to
shall be sep
Mr. WOODBRIDGE, from the sun aittee, reported back a bill LEDE
xplanatory of an act entiled "As are este prize proceedings and the darkdor rize money, and for otherp
er purpce une), 1944; which was ordered sepak had recommitted to the counter
Mr. WOODBRIDGE. I can do tante ! motion to reconsider.
The motion 10 reconsider war
COL RTS IN IDAHO AND WOUL. Mr. CHURCHILL. from the Copy he Judiciary, reported back st. 22 25 amendatory of the crpanie sa rila - r'ending jurisdiction of juscites on with an amendinent in the sature i's ile ilerefor.
The substitute was reported li per that the organic act of the Territorie - 10 und Mont32. and the acts aberdar de su far as ther relate to the junction Date courts and of justices of the year? 2.mended as foliows: the probate i Territories in their respective 2TA1 11 on to their probate jurisdictise, arbres wthorized to hear and determine pieruin the debt or damage des BX 2000. and also such criminal casa nder the laws of said Territories 25 3 pyare the interren!ion of a gazt je vided that said probate cours de LED jurisdiction in any waiter in court wherein the title or right to the parts nossessioa of land may be in casa haticery or divorce cases dep wither, ibat in all cases au
main question ordered ; and under the opera business, and much the larger portion of the facilitate the dispatch of business in the courts tion thereof the substitute was agreed to. business of the court arises in that portion of of the United States in the port of New York
The bill was ordered to be engrossed and the State. The recent decision of the Supreme | the judge of the southern district of New York read a third time; and being engrossed, it was Court of the United States by which the admi shall hereafter reside within the limits of the accordingly read the third time, and passed. ralty jurisdiction of the United States courts city of New York ; and the judge of the east
On motion of Mr. CHURCHILL, the title has been extended over the rivers has largely ern district of New York shall hereafter reside of the bill was amended so as to read, “A bill increased the necessity felt by the people of within the limits of the city of Brooklyn ; and extending the jurisdiction of probate courts those cities for a term of the court to be held in addition to the monthly terms of the district and of justices of the peace in the Territories there, and it is for the purpose of accommo courts now required by law to be held in said of Idaho and Montana.''
dating that necessity that this bill has been cities, there shall be held by one of said judges Mr. CHURCHILL moved to reconsider the introduced.
a daily sitting at chambers in the city of New vote by which the bill was passed; and also Mr. SPALDING. I did not know that it York, except Sundays, holidays, and the summoved that the motion to reconsider be laid was the policy of our Government to extend mer vacation; and any cause which may or can on the table.
Federal courts into every county. Where thereby law be determined without a jury may be The latter motion was agreed to.
are two divisions in a State it is commonly then heard at chambers with like effect as if
thought to be enough. Now, if business has heard at a regular term of the court. And the MISSOURI JUDICIAL DISTRICTS,
fallen off at one place, let them transfer the marshals of the districts above mentioned shall Mr. CHURCHILL, from the same commit seat of justice to another. I object to increas. hereafter, out of the sums allowed for the tee, reported back with amendments the billing the number of district courts in a State expenses of the courts in their respective dis(H. R. No. 348) to provide for holding terms of
tricts, pay quarterly to said judges respectively the United States district court for the western Mr. WASHBURNE, of Illinois. I would like a sum sufficient to make the yearly compensadistrict of Missouri at St. Joseph in said State. to know what the increased expense will be? tion of said judges, including the salaries now
The bill was read. It proposes to enact that Mr. SPALDING. The expense is nothing. payable to them by law, equal to the yearly the western district of Missouri, as defined by an I am against the policy of the law.
compensation of the judges of the supreme act of Congress, approved
Mr. CHURCHILL. I will say, in reply to court of the State in and for the city and arated into two divisions, as follows: all that the gentleman from Ohio, that Jefferson City, county of New York; which sums shall be part of the district which is included in the
where the courts are now held, is the capital | allowed in the accounts of such marshals, çounties of Jackson, Ray, Carroll, Chariton, of the State, and it would be proper that some The fourth section provides that whenever Macon, Sullivan, and Putnam, and all that lies
terms of the court should be held there, while it shall appear to any district or circuit court to the north and west thereof, shall compose ose is
of the United States, upon the last day of any the western division of the district, and regu distant. I demand the previous question. term thereof, that the grand jury of such court lar terms of the United States district court
The previous question was seconded and the have before them business then unfinished but within and for the western district of Missouri main question ordered.
proper to be concluded by such jury, the court shall be held at St. Joseph, in that division, The amendments were severally agreed to. may, by order, continue such grand jury and on the first Mondays of May and November in
The bill was ordered to be engrossed and the sittings thereof to the next term of the cach year; and adjourned terms of the court,
read a third time; and being engrossed, it was court; and thereupon the acts and proceedas now authorized by law, may also be held at accordingly read ihe third time, and passed.
ings of the grand jury so continued shall have St. Joseph.
Mr. CHURCHILL moved to reconsider the same validity and effect as if such grand The second section provides that the clerk the vote by which the bill was passed; and
jury had been originally summoned and sworn of the court shall appoint a deputy, whose duty also moved that the motion to reconsider be for the term to which they have been so con. it shall be, in addition to his other duties, to laid on the table,
tinued. reside at St. Joseph, and to keep an office The latter motion was agreed to.
The amendment of the committee was to there, and authorizes and empowers him to do
strike out the portion of the third section
DISTRICT COURTS OF NEW YORK. and perform in the name of his principal all
authorizing the marshals to pay the judges a acts and things which the clerk cam or lawfully Mr. CHURCHILL, from the same commit certain sum necessary to make their annual may do. And the marshal for the western tee, reported back, with an amendment, House compensation equal to the compensation of district of Missouri is required to keep an office bill No. 446, to amend an act entitled "An act the judges of the supreme court of the State in St. Joseph, and in person or by deputy to to create the castern judicial district of the of New York, and to insert in lieu thereof the be ready, at all reasonable times, to execute State of New York,'' approved February 25, following: the process of the court in that division, and 1865.
The salaries of cach of said judges shall be tho
California, to wit, $5,000 a year.
The amendment was agreed to.
enue law of the United States, which may Mr. SPALDING. I notice from the readThe fourth section provides that all suits not have been instituted or be pending in the cir ing of the bill that it proposes to increase the of a local nature, may be brought in that divis cuit court of the United States for the south salary of the district judges in the city of New ion of the district in which the defendants, or ern district of New York, or in the eastern York. one of them resides, and duplicate writs shall district of New York, may at any time before Mr. WASHBURNE, of Illinois. I will ask be served upon the other defendants before final judgment in the district court in which it the gentleman from New York [Mr. Churchthey shall be required to appear to the suit or is pending, or on inotion of the district attor ILL] what is the present salary of those judges? other proceeding.
ney, be transferred to the district court of the Mr. CHURCHILL. The salary of the judges The Committee on the Judiciary reported the same district; and upon the order to that effect of the first and second district is $4,000. This following amendments :
being entered in any such cause it shall be the bill makes it $5,000. Amend the first section by striking out, in lines
duty of the clerk of the circuit court forth with Mr. WASHBURNE, of Illinois. I desire twelve and thirteen the words on the first Mon to transmit to the district court all the papers, to move to strike out the provision making days of May and November in oach year," and inserting in lieu thereof the words "on the fourth
documents, and proceedingsin such cause; and that increase. Monday of May in each year, and at tbe city of Kan upon the entry of any such order the said dis Mr. CHURCHILL. The bill as originally şas, in said division, on the 4th day of November trict court shall have full power and authority framed proposed to give the district judges in in cach year;" and add at the end of the section the words "and the city of Kansas."
to proceed with said cause, and hear and de the city of New York the same compensation Fill the blank in the fourth line by inserting termine the same, and make all orders, take now paid to the judges of the State of New ‘March 3, 1857," and fill the blank in line five by inserting the words "an act to divide the State of
all proceedings, and render all decrees which York residing in the city, $10,000. But that Missouri into two judicial districts."
said circuit court might have made, taken, or provision has been struck out, and we propose Amend the title by inserting after the words “ St. rendered bad not such cause been transferred simply to make the salary of these judges the Joseph” the words and the city of Kansas.” as aforesaid; and any such cause instituted or same as that of the judge of the district of
Mr. SPALDING. I would like to know pending in the district court of the United California, which is $5,000.
States for the southern district of New York, Mr. STEVENS, of Pennsylvania. I rose
to move to strike out all that part of the bill at the present time is divided into two judicial for the eastern district of New York, may also, referring to salary, leaving it as fixed by the districts, much the larger proportion of the in like manner and with like effect, be trans present law, $4,000. territory being included in the western dis ferred from such district court to the circuit Mr. SPALDING. We raised all these trict. The terms of the United States district court for said district; and for all purposes of
salaries last year. court in that district are now all held at Jeffer appeal or writ of error every cause so trans Mr. CHURCHILL. Mr. Speaker, when the son City, which is nearly on the eastern limit ferred shall be regarded as a cause originally salaries of these judges was fixed two years of the district. The cities of Kansas and St. commenced in the court to which it shall be
ago, the salary of the judge of the district of Joseph, which are near the western limit, have so transferred.
California was fixed at $5,000; the salary of becoiné cities of considerable population and The third section provides that in order to the judge of the district of Louisiana at $4,500;
rin any order, judge:ent, or deca erritory. The judge of each prisma Jootana, when the populazom sa la thousand, may, if ibe Legislatie de in of the territory so authorize, appicha ut said court, who shall hoki sitesi
uch lees as may be fised brlar, alle courts in Montana where the largest Assembly shall have authorized te sont of a clerk as herein provides ourts of record. Section i vo proridos os ?d proceedings of which they nor buiten ction by the laws of said Territomes 118 hereby amended, are authorized a my + debt or sum claimed shall be elite m of $302. Mr. CULLOW. I would inquire i bi as been considered by the content Mr. CHURCHILL. This substantino 3wa substantially by the chairman an imittee, and is appmored by the extends to the probate rritories, and also to the justices of the sea
* same jurisdiction that has been eier · Territory of Colorado, and which the same
question was murddatos