The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-10


known heretofore to be quite ultra in their views 10 refer
ence to such matters, should have given q moments
sanction to this twelve-year tenure Especially am sur
prised that the honorable senator from Maine, lMr.
BRADBURYl whom have always recognised heretofore
as an ultra democrat il not radical one should have con-
tsented TO this part oil the plan. Nj6t
Mr. HUNTER A word or two, by way of explana-
ton am not disposed TO 90 into this debate IN relation
to the tenure Of judicial Office II seems to me subject
altogether aside from and beyond this bill l. strikes
something like compromse-such compromise, per-
haps that which has been suggested by the senator
Inn af as,% iof OF
being twelve years. is for nine. one judge going out IN
each period OF three years might perhaps, concur i9
sRs hs suaos o% w
edge to be sufficiently democratic justice to the sena.
tor from Maine. mr. BRADByRY,l | must say that he
six years. This proposition is for longer term than his
| and was made by me. do not know that have any
uraism upon these subjects am not disposed to build
up aristocracies here. do believe that should
tribute to any such establishment by voting for this bill
IT. sr TO have independent board or tribunal 10 try
claims and questions Of property is TO build up an aris
tocracy then have been all my life aborng under
great error for have always understood that It was
the great objects in every government and especially
important in q democracy, to provide an independent
tribunal to decide questions not only between and
man. but between the State, which is powerful and the
individual, who is weak,
But this is question into which do not propose to
20. II is argument into which do not mean to be
dragged hope shall be able TO make some compfo
mise in relation 10 the point now under discussion.
that we may proceed with the bill hope that the term
proposed and Tor which example Is to be found
in the State OF Illinois, his neghbor, w be satisfactory
to the senator from Indiana, [Mr WHTcoMBl
Mr.. BUTLER. certainly agree with my friend from
Virginia, that this epc is not necessarily connected with
the subject before this body and the Senate will bear
witness that do not bring into this discussion the
subject Of the tenure OF oice, whether Tor short or
long term and think the Senate will also bear me
witness that made allusion specifically to the Su-
preme Court Of the United certainly that under
took TO draw OUT no contrasts between Mississippi and
any other State Nor shall undertake to say whether
the judic AIRY Of Massachusetts, which s chosen Tor
longer term. is better than that OF New York. which is
for shorter term Of years Nor will ! aude to
or another. The only difference between me and my
friend from Mississippi is, that he is radical and
progressive democrat, and | am q conservative re-
publican. [Laughter.l | love the republic as found
it. love preserve its organization, TO adhere TO those
old fashioned doctrines which in some have
as has so
culcaied, and which he has right perhaps TO apply TO
Mississippi whose usions son he has the honor 10 be,
are likely to prevail shall not undertake TO say. lonly
rise to say that made allusion 10 the Supreme Court
with which l am in some measure connected should
dislike TO draw comparison between judges now and
rs whether
been most favorable in the administration OF the Judicial
officers | said, look twenty years back and twenty
this question That was as delicatey as could assert
an opinion. know you will find able men everywhere,
and am sorry that my friend has said single word up
is that the longer the term the better is This regard
yery important office, and wish to select the very best
Let be understood that they are to be the best
iect men on that to political influences BY which
they may be removed at the end OF six years.
/ Mr. FOOfE. In reply to my friend from South Car
olna, will say that will assume the whole RESPONSE.
blty Of introducing the topic OF judicial tenures and
regard altogether pertinent to the measure under
consideration Now, in regard to what my friend from
c. ppff fha
judiciary of the country generally must say thatI did
understand him as inlimang his opinion very clearly
that there had been decided change Tor the worse ~
the last twenty years and certainly IL was altogether
pertinent to ask where the falling off had occurred The
s idea that suggested itself to my mind was, that the
honorable senator from South Carolina designed 10 alude
to the Supreme Court OF the Union, that is the judi
cal establishment most proximate 10 us But this he
disavows. Then | very naturally considered that he
referred TO his own State; but 10 he dsavows this,
special allusion at all. Wsl sir, then understand
| my friend from South Carolina as having simply
called the Senate 10 bear witness that he did not mean
to say anything al all, when he spoke OF judicial deteo
rationwiihn twenty years past for certainly what ne
said designed TO nave no special application at all
IL wholly without practical meaningj and having nc
practical meaning, do not know how can respond TO
i II further. -
single remark in reply TO my friend from Virginia
tMr. HusrERl thought used very plain language N
regard to judicial independence. In the proper sense o
that term, implies the possession OF that high moral a.
tribute which enables Judicial officer TO perform his
high functions, firmly iesressy and purely N spite O. al
the evil influences which can possibly be brought 70 bea
upon him. estimate this quality as highly as the hon
honorable senator from Virginia. and only intended io
draw the distinction, in the very words OF Mr. JEFFERSON
between the British judicial Independence exerted agans
the Crown, and in behalf OF popular rights, and tha
which s sometimes called BY that name, and which IS real
y nothing more than official uesponsibity. This latter
sir Is the bastard species OF independence which enable,
Judge upon the bench entirely to disregard public sen
ment around him. TO treat with contempt the opinions
the purest and most enlightened OF his generation, and
violate at pleasure all the sacred principles OF morality
as many Judges in this country have been known 10 do
and soBg the ermine which bedecks their persons will
the stains OF a reckless and abandoned profgacy
This sort OF Independence have denounced have declar
ed il 10 be my wieh TO hold all the judicial officers Of b
country responsible a, all times 10 enlightened and
vrtuous public sentiment believe we can best do II BY
modifying the official tenure in such manner 10 keel
alive IN the bosom OF these officers deep and abiding
Of their responsibility TO the people, tor whose wei
fare they appointed and for whom they are TO at
Mr.. President permit 10 conclude by saying that
am perfectly willing that my friend from South Carolns
shall call by the name which he has thought pIope
rather plsyfully to employ. | am not ashamed to b
recognised as progressive democrat Certainly, TIM
designation is one that have heretofore assumed
bat yet am perfectly willing to have il applied 10 me
Notwithstanding But, sir, cannot, in any offensive
sense be said Of man that he s progressive democra
democratic ancestors, 10 precisely my own case m re-
gard 10 the point at present in dispute. And how little
the spirit OF progress must those conservative republican,
have about them who profess TO despse federaIss anc
TO be opposed to everything like aristocracy, and WHIT
yet consider IL ridiculous evidence OF progressive denoc
racy to approve and TO act upon the almost divine teach
ngs OF the immortal jefferson in regard to the proprety
aboshing the life tenure in connexion With judica
Offices.
Mr. HALE inquired II Il was in order to amend the mo