Winchester Gazette

CONGRESS.

FROM THE NATIONAL INTELLIGENCER.

IN SENATE.

December 12.

Mr. Johnson, of Kentucky, agreeable to
the notice which he gave yesterday, having
obtained leave, introduced the following resolution; proposing an
AMENDMENT OF THE CONSTITUTION.

Resolved, by the Senate and House
of Representatives of the United States
of America in Congress assembled,
That the following amendment to the
constitution of the United States, be
proposed to the legislatures of the several states, which, when ratified by the legislatures of three-fourths of the states,
shall be valid to all intents and purposes, as part of the said constitution.

"That, in all controversies where
the judicial power of the United States
shall be so construed, as to extend to
any case in law or equity, arising under this constitution, the laws of the
United States, or treaties made or
which shall be made under their authority, and to which a state shall be a
party; and in all controversies in which
a state may desire to become a party,
in consequence of having the constitution or laws of such state questioned,
the Senate of the United States shall
have appellate jurisdiction."

When he yesterday gave notice of his intention to make this proposition, Mr. J. stated that it had originated from serious consequences which had lately taken place between several of the States and the judiciary
of the United States. More especially a
late decision of that Court which had declared unconstitutional a certain act of the
Kentucky Legislature, called the Occupying
Claimant Law, which would overturn the
deliberate policy of the State for upwards of
ten years past, the object of which was the
settlement of conflicting land claims, which
had been a serious evil to the prosperity of
the State, and, if persisted in, would produce the most disastrous consequences in giving rise to much litigation where questions
had been settled for years, and put every
thing respecting landed property into the
greatest confusion. He stated that no common consideration would ever induce him to
propose an amendment to the constitution,
but he considered the causes which had induced him to ask leave to propose his amendment, of no ordinary magnitude; he was not
prepared to say that this was the best remedy that could be proposed, but he would
say, that it was the duty of Congress to look
into the matter before the subject assumed a
more serious character, and it was for that
object that he determined to introduce the
amendment.

On offering this resolution to-day, Mr. J.
further said that on yesterday, when he had
given notice to the Senate that he would ask
leave to introduce the amendment to the
constitution on a subject so vitally important to the harmony of the United States, he
did not know, nor did he have the most distant intimation, that he should be anticipating the wishes of the Kentucky Legislature the
body which he had the honor in part to represent. But he was happy to discover
that a resolution had been introduced into
the Legislature of that State, declaring that
the Senate of the United States, or some other tribunal should be created to take appellate jurisdiction in cases where a State is
concerned in judicial controversies in the
Courts of the United States. He expressed
a most decided preference for the Senatorial
body, where all the States were equally represented; and whatever was thus decided,
without the trouble or expense of another
tribunal, would be likely to quiet public excitement where a State considered her rights
violated by the judgment of the federal judiciary.

Mr. Barbour, of Virginia, rose, as he said,
to second the motion of his honorable friend
not from any apprehension that opposition
would be made to the leave asked, because
that would be a departure from the comity
universally manifested to every member who
tendered for consideration a subject of interest, but merely to bear testimony to its
importance, and to the necessity that exists
of a thorough investigation of the subject.
There are, said he, other decisions which
have been made by the Supreme Court, besides the decision on the occupancy law, alluded to by his friend, which have produced
considerable excitement, and to allay which,
if practicable, well becomes the wisdom of
the Senate. I am very far from expressing
an opinion for or against the proposed amendment. In a case of such consequence,
opinions ought to be formed only after the
most serious deliberation. That an evil exists in the collisions between the constituent members of our Union and the federal authority, as to the sphere of the powers of
the latter, must be admitted, and is a just
subject of deep regret. The investigation
growing out of the proposed resolution may
eventuate in its rejection, as being more inconvenient in its consequences than the constitution as now construed; or, on the other
hand, it may be adopted as an effectual remedy to the existing evil or, perhaps, by eliciting the whole wisdom of the Senate on
this interesting subject, some other plan may
be devised that will obviate the existing difficulties, give satisfaction to those now dissatisfied, and restore that confidence and
good-will on which alone, to any beneficial
result, our institutions must rest.

The resolution was twice read by general
consent; and, on motion of Mr. Holmes, of
Maine, it was made the order of the day for
the second Monday in January.

The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

Mr. Sergeant, of Penn. from the committee on the Judiciary, reported a bill for the
establishment of an uniform system of Bankruptcy throughout the United States, which
was read by its title. Among other remarks
Mr. S. stated, that the subject of the bill was
a matter of deep interest to the people of the
United States: that he had presented it thus
early in order to give members time to prepare their minds on it; and that it was the
same in form, as that which came from the
Senate at the last Session. Mr. S. then moved that it be referred to a committee of the
Whole House, and made the order of the day
for the first Monday in January next; which
was agreed to.
On motion of Mr. Williams, of N. C.
it
was
Resolved, That the committee on Military
Affairs be instructed to enquire into the expediency of allowing to officers of the army
of the United States a salary or stated sum of
money per year, instead of pay and emoluments, as now allowed by law.

Mr. Whitman, of Maine, moved the
following resolutions:

Resolved, That the Secretary of State be
directed to lay before this House copies of any communications received at his office having relation to any misunderstanding which
may have existed between Andrew Jackson,
as governor of the Floridas, and Eligius
Fromentin, as Judge of the Court therein.

And, also, in relation to any delay, or omission on the part of the officers under his
Catholic Majesty to surrender to the officers
and commissioners of the United States, duly
authorised to receive the same, any of the
archives and documents which relate directly
to the property and sovereignty in and over
the said Floridas.

And, also, in relation to the means adopted by the officers and commissioners, on the
part of the United States to obtain possession
of such archives and documents.

Mr. Nelson, of Md. submitted the
following resolution:

Resolved, That a special committee be appointed, with instructions to enquire into the
expediency of appropriating the proceeds of
the public lands to the creation of a permanent fund for the purposes of education and
internal improvements throughout the United
States.