The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-18

no difference between the two cases. and reason
for making distinction As have before stated shou'u
ment as to make the burden fall upon the private COZ,
respondent when the answer from the Judge returned
1t does seem to me that there IS no Necessity OF making
a distinction, and hope the amendment Will prevail II
il prevals-or whether prevails OF not small make
the motion have already suggested
Mr. FOOTE. Well, 1t - Just as ant,cpated-lust as
7 predicted A Judge of the Supreme Court has been
assalsd with charges the most serous his conduct has
been denounced in language whose meaning could not
being he is unworthy 10 preside in the most obscure
court OF inferior jurisdiction TO be found in the whole
republic and Set senator here has been found
w Single to syss b bis defence dignity 'y an
raordinary case ndeed-one. l should suppose. Of
rare occurrence anywhere, and certainly should ad-
condemned be otherwise than censurablc; and
hope that neither his we'll known sell esteem, nor
any other cause. may prevent his making speedy aone
ment to his counymen for the serious offences which he
has committed He owes TO the country solemn apol
ogy for the violation OF public decency which ne has
committed; the dignity of our institutions demands IRON
him that he 70 speedily through solemn and appropriate
form Of public expation; and, with Iepentant soul, ne
should soemnly ask pardon Of his offended fellow c
for the deep dshonor which he has brought upon
noble institutions wish to be understood as by no
Directing to the other members OF the Supreme
Court becoming possessed of the ranking privilege pro-
vded Justice Mclean can be made the subject of special
exceptions at least, should be unwilling to permit nun
to possess this high privilege until have satisfactory
evidence Of his conirition and reformation
Mr.; NILES have bnta single word to say s't
The ranking privilege ought TO be restricted to the pub
lie communications, such relate tothe business OF the
government If this amendment prevails, il appears to
that it would be departure from this plain principle
by extending the fanking privilege in another direction
Mr. DICKINSON. shall vote have heretofore
in reference to this question OF frankng privilege; and
having made up nay mind cannot consent to go into a
vote Of this kind, which will extend the ranking prtv
lege beyond what has been before, giving the priv
lege to receive and send letters 10 the judges of the
Supreme Court, throwing upon the department a tax
which has had before. do not undertake to
say. do not know how extensive the practice of
lawyers from the southwestern States may be IN the Su
preme Court; but this privilege will throw upon the de-
parment amount OF postage not calculated any shape
or manner see no necessity for IT. should like to m
quire what lawyer of any note in hsprofession sends his
papers TO judge without paying the postage thereuon
undertake to say no reputable lawyer does It. unless
1t be by mistake, for papers would be liable not to be
taken from the Office II charged with postage II is in
point of fact privilege for the client The senator from
Kentucky says the Judge acts in public capacity The
lawyer draws up his papers for the individual and sends
them to the Judge for injunction, and pays the postage
them, and charges TO his client The judge has nothing
more do with il, than to deliver his Injunction and send
it back and the lawyer from whom he received it pays
the postage hereupon and, charges it to his CLIENT so
that unless you extend it to make il personal
privilege OF the judge you are exempng the client from
postage instead of the Judge the lawyer for, as the
principle is, it paid by tie lawyer and charged
the client | undertake to say that the judges would
take the papers from the Office unless by mistake
ii the postage not paid II is the duty Of the lawyer
pay the postage and he does it, expecting that the pa
pes will be returned without the expense of postage to
the Judge Ii you wish 10 give them privilege, give
OF postage; but, as the amendment is now, it gives
great of papers the privilege of passing through
the mail free for the benefit OF the Client not of the Judge
As it is the amendment allows the postage every
brief every written article every package sent TO judge
to be thrown upon the department. and they will all co.
both ways, through the mail free of postage Being
under obligation 10 vote, as | view the matter, for
the abolition OF the franking privilege in all its various
relations, shall, OF course, vote agains, this amend
ment.
+ Mr. UNDERWOOD. My object has been pretty well
accomplished. would have interrupted the gentleman
over the way Mr. Foorel in his excellent speech, but
wanted to see. sr how Tar the weaker branch orshls
lar as the farthes this subject | will give them
test question, TO how far they in earnest in
forming this privilege of franking saw difference
and see now, sir 10 be made between the judi
ci1 and the executive branch of the government but
see in everybodys mouth around me, that while you de-
termne the Executive shall and send communca
tons free Of postage, you will not allow judge
who does not receive, perhaps more than half dozen
or dozen official communications year, to receive
them free, but require him to pay the expense out of his
own private pocket.
But, sir. gentlemen are altogether mistaken They
have argued the case as though nothing but In functions
and wrs OF sent up the Judges; and par
ticularly they mistaken TO the amount of matter
which is sent up OF criminal character, where private
individuals have nothing to do with it.
withdraw the amendment. And now, sir, | intend TO
offer amendment which will test scmething and
hope the Senate will give the yeas and nays upon it.
to strike out the words "send orr in all places
where it occurs 1.-THE effect OF this amendment is to
enable individuals entitled the Thanking privilege only
TO receiue mailable matter free of postage-he privilege
of sending such matter free being withhed.--REP]
II this amendment is adopted. the section will then al
low these officers of the government to receive the bene
ut OF the Thanking privilege upon official business and
private communications and it will throw the burden
upon the shoulders of those upon whom ought TO fall
1t will be practically carrying out the principles which
gentlemen in their speeches are advocating II will be
driving the nail where ought to be driven. and cnched,
In the manner thai am anxious to see il done.
Sir, let me say that in regard TO this first amendment,
only deprivng ourselves Of the privilege OF extend
ing our correspondence free of postage to those with
whom we correspond. am willing, if you please TO
limit this bill that shall be required to pay the
postage on our private correspondence but allow what
ever relates to official stations, 10 the inter-
ests OF the country, to pass free of postage But
see no reason Why IN our private correspondence with
our families and our friends, should have privilege
not pertaining to the other citizens OF the country am
willing TO strike out much allows TO receive
such communications free of postage. At present, The
motion will be test OF the OF the Senate by stri
king out that which allows TO send communications to
individuals free of postage
Now, sir, by the provisions OF the BILL everything per-
tanning to our public duties may free OF post
age and every document which Congress orders to be
printed relating to public affairs, be distributed all
over the country free Of postage 10 the recipient Where
can be the reason why should provide ourselves
privileges in reference to private correspon fence
with our families and friends, which the balance of the
community cannot enjoy! 1t is, sir, monopoly o. that
knd OF privilege in applying the Post Office Department
10 our own uses and purposes; and are we willing to
provide monopoes for ourselves while the rest of the
community cannot enjoy them. hone not
have suffered, MIR. President mora in ,, ,uhI;c ~,