Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-05-18


liens Of Georuetown and Washington. The
Judoe of the county of Alexandria is allowed, by
the provisions of an act of Congress passed ie"
wears ago. salary of five hundred dollars, TO DC
paid by the people of the county OF Alexandra,
in the same way his former compensation was
paid From this view of the question, Nir.
Chairman. it will be seen that the compensation
Of the Judge of this county, so far from beng IN
creased. will in fact be diminished, and that OF
the Judge of the county of Alexandria Will De no
more than every reasonable man will agree Is but
a fair compensation for the services which he Is
required to perform. Ought these salaries, Mr..
Chairman, to be paid by the people OF the DIS
trict. or the people of the United States! Sir,
we are told these Courts are for the benefit OF the
people of the District; but not more so than the
Circuit Court; the parties in Court may belong
to the District in the latter case. or they may
not and so in relation to the Orphans Court
Who pays the Judges of the Circuit Court! the
United States. Who pays the Marshal his hve
dollars per diem for attending Court: The INIT
ed States Who pays the walters for attending
Court? The United States.
Who built the Penitentiary? The United States.
And who pays the commissioners, vsltcrs, and
keeper of that Institution, well as all the other
expenses of it: The United States; and III re-
ference to them it might just as well be SAID, all
these expenses ought to be paid by the people OF
this District, as the salaries OF these Judges
Each and every District Court established IN
every State in the Union, is for the benefit OF the
people of the State in which it is established, but
not exclusively for their benefit; 1t has never
been contended that their salaries should be paid
by the respective States. Sir, how does TINS DIS
trict stand in connexion with the United States!
In the same relation that county IN State
stands to the State; and, In many respects, noS
many in the same, State stands to the United
States The Orphans Court mere discharges the
duties of those Courts which, in many of the
States, are knownb by the name of Probate Courts,
are they generally paid? Out of the general fund
of the State. One moment as to the jurisdiction
of these Courts in this District: They have the
whole questions as to the probate of Wills & grant
ing letters testamentary, granting letters of admi
nistration, settling the accounts of Executors
and administrators, letters Of guardianship, as
well as other important questions-the rights Of
widows. orphans, minor children, wards and guar
dams. are to be adjudged by them; and to dis
charge these duties faithfully and legally, great
share of integrity. as we'll as no common share of
legal attainments. is required. Both of the judges
are eminently qualified to discharge these impor-
tant trusts trusts which cannot be well discharg.
ed by men who have not some knowledge of the
| law, and who are not in the situation to devote
much of their time to the duties of their respec-
| tive offices. Sir. their appointments and the
mode in which they are pald.present an anomaly,
a thing efore unheard of, and without prece-
dent to be found for it in any government court
appointed by one power, and paid by another!
View this District, if you please, i'll the light
of one of your territories. Courts are organized
for their government. and the gentleman from
Ohio (Mr. Whttlesey) has alread y referred to
the fact of our territorial judges being paid by
the United States. But in the case of the Judges
of this Court, to the President, with the advice
of the Senate, is given the power of appointments;
and to Congress is reserved the right of regu!at-
ing the compensation, and prescribing the mode
how the people of the District shall pay it. A
portion of the people Of this District. q refer to
those living in the county of Alexandria, in re-
ference to the compensation of their Judges,
have manifested little obstinacy in regard to
the mandate of Congress, for, during the last
two years they have not paid their Judges in any
way, and non constat, that they ever will. do
not blame them so much as might, If had ne
yer reflected upon the inconsistency of the APP
pointing power being with the President, and the
Po"oi W pay WIN INC Pcopic vi NicAalui Id. -
But how is the Judge to live: It'll of very little
consolation to him to read in the Constitution of
the United States. "the compensation of 10
Judge shall be diminished during his continu-
ance in Office" if while in Office he can receive
none whatever, without attempting to enforce
the payment of his salary, mourning an expense
equal, if not greater than his salary The gen
tleman from south Carolina (Mr MARTINI who
b,e oNo 10 thah L., 4,
the Judge does not putin force the law, and COM
pei the payment of his salaryP / will inform the
gentlemen in the first place, no man wishes to
quarrel with his neighbors and the people of the
town in which he lives; and in the second place,
to compel payment would be attended with an
expense equal to the salary itself. How it could
be done, | may not be we'll informed. Perhaps
by applying to the Circuit Court of the District,
or the Supreme Court of the United States, he
might be able to obtain mandamus to the Levy
Court of the county of Alexandria, commanding
them to assess and collect such a tax as will paw
his salary; this, too, as a capi'at,on tax, under
tho tcttn rla,x n,