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


by the court Ii the court ever answer letters upon pub
before.
SENATOR. They must send the papers back
Mr.. ALLEN Send the papers back, as my friend has
suggested, when an injunction is laid Send the record
back, upon which the Injunction is written Very well
That private afialra private transaction altogether
With regard TO the proprety OF continuing the ranking
privilege TO members OF Congress, have been heard up
on that subject before. My mind is Interchangeable.
took the ground IN favor OF il, and have always MAIN
tanned il great public privilege, and the only gov.
eminent has extended TO the mass OF the people. All
other privileges are confined 10 small bodies OF men
The ranking pnvilege-wbich maintain is not the
privilege OF the member, but the privilege of the people
lis privilege extending to the whole mass, including
rich and poor, great and smal-a privilege that imposes
immense labor upon members OF Congress- which mem
bers OF Congress themselves would undoubtedly be
remey glad to get rid Of if they could do without Civ
ing nmsrlge to their constituents, who have so long
Joyed the benefit OF this privilege, and who would there
lore be so unwilling 10 be deprived of it, TINS is
not So sir The Supreme Court have, unfortunately,
too lile association with, or dependence upon the peo
pie OF the United States and have connexon with them
wlatever-none whatever. | repeat, sir, that the tga
tons are the lligations OF private about private
rights the court being nothing but the mediatoria
power between private We not, then, TO pay
the expense OF private litigation, any part parcel of
T. They might with the same propriely, ask us 10 PRINT
decided in the Capitol of the United States because
we print the reports of the Secretary OF State and the
other heads OF departments The analogy. sir doas not
ness committed to public tribunal.
Mr. UNDERWOOD. The gentleman across the way,
sir, Mr.. ALLEN,l has thought proper to make pretty
long speech upon the amendment offered by myself to
the amendments of the committee His objection the
proposition which made is, that the business is alto
gether private Now, it is only half Is it not pub
lie business that the Judges required to attend
to ? Is not the granting of an Injunction or the
ioa public business GnquesiionaSy So It IS public
business far the judge is concerned. Then, Sir
whose pocket taxed in the discharge of this public
business Is it the judges! Ii the record be
him. sir and the postage is moi prepaid, il must either
main in the post Office if not taken out, the Judge,
out OF his own pocket must pay the postage That is
the consequence. 1t is them tax which, according to
the present practice you imposing upon the judiciary
department, when you exempt the executive department
from it: that is all, sir
And now will the gentleman over the way Mr. AL
LEM be so good as to look at his own principle The
executive officer puts out advertisement TO supply the
navy with provisions The Post Office Department puts
out an advertisement for mail contracts all over the
country. Mr. wants to supply provisions for the
contract with the Post Office Department to carry the
mail in their service ask the gentleman, if he writes
letter 70 the department. proposing to enter into con
tract with the Navy Post Office Department if is not
his private business that stimulates the letter What is
the movei 1t is private gain. One man who writes has
provisions - sell, and wants market, or he supply
the mail service with horses and carriages and wants
carry the mail, and writes letter to that department.,
is it not private inlerest-private business Unques
tOnaby.
You allow the executive departments to receve-and
very properly too | thnk-communcaGons free of post
age; but what more do you allow You allow the de-
parments to the letter without paying anything
You allow him to frank it. and send that communication
in response to the letter which he has received for private
business
The gentleman from Ohio has not perception enough
to that there he subscribing private interest and pr
purposes; but when judicial officers are about to
have the same privilege executive officers them sir,
the gentleman alarmed, and becomes altogether
private matter Sir, it is no more private thing
case than in the other half of it, as far the re-
cepon j. concerned, is public, and it belongs to the
half, admit in every instance, is for the benefit OF the
private individual, and believe the private individual
should pay for it. tt
Now, | said to the gentleman over the way from Mis-.
sisspp [Mr DAvIs that if he would allow the Judicial
ry to be placed upon the footing with tie executive
department, was about TO propose an amendment re-
send away. This was intended to come up 10 the
ideas of the gentleman from Ohio [Mr. ALIEN if
he had allowed little time and in doing it,
intended to relieve the officers of the government
from the tax imposed upon them in regard to the
respondence upon official business There was no ne
cessy, therefore, that conceived, the part OF the
gentleman from Ohio, Mr. ALIEN for taking any ex-
ception to my amendment on the ground that was des
rous TO promote private interests. | wanted the tax to
fall upon the proper party. These my views with
regard to the expense of communication upon official
business. hope now that am fully understood, sir
and il am, that the Senate perceive that
my object not to promote private interest but to let the
onerate the judiciary from expense am unwilling that
persons writing to them should abuse them and perhaps
publish llbels against them for failing to attend TO their
business, when perhaps the fault their own, in
negecting to pay the postage.
Mr.. FOOTE. understand the senator from Kentucky
CMr UNDEnwooDl to insist that the members of the judi
cay should be permitted to receive and transmit letters
free of postage For all the various reasons so clearly
and cogently stated by the senator from Ohio Mr. AL
LEN, in every one OF which reasons do most heartily
concur, am opposed 10 the amendment proposed AS
have some additional objections to the amendment also,
shall proceed to state them. But before do So will
offer single suggestion in reply TO OF the remarks of
my honorable friend from Kentucky, the force oi which
urges that if we refuse to adopt his amendnen the
ev% state OF things now existing, and the exist
ence OF which he so deeply deplores will be con
tnued. The judges will receive letters on official
business IRON suliors or attorneys which will come
to their respective post offices, without the postage
having been paid IN advances and either the Judge will
have to pay the postage himself, the business concern
ing which he has been addressed will remain unattended
TO, and the Judge he left exposed unjust elimination
Well sir the to all this is, that no man of ordi,
nary understanding, or common honesty, will write
judicial officer upon his own business without paying
the postage II he fail TO pay the postage in advance he
will deserve to sufr the consequences Besides, the
honorable senator seems to have forgotten for the
the history Of the last twelve months has supp!ied-an
example which know TO have attracted the honor
able gentleman at the time OF its very
peculiar manner-whch awakened little innocent mer-
rmen in certain social circles provoked strong surprise
among certain experienced politicians in this particular
vcinage, and was subject Of interesting speculation
for several weeks all the Union 1t Is an example
which do not cite for the purpose OF censuFe, or even
of rdicule Inclined think that there was as
much about it to admire to condemn; and as 1t seems
to have been productive of special mischief-nay,
may fact have contributed more or less TO certain
great political result which the senator from Ken
lucky known to have reloIced AZ much as any one
of the vast multitude who have been heard 70 hail
fha lnto