The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-22

sation Of the Judge notwithstanding that the state Of
things upon which The salary Is now preaicaled may
have passed away Ii any difficulty should a.e out OF
this reduction is very easy matter 10 increase the sa.
ary hereafter; but Is impossible TO diminish H. because
would 80 in conavention OF the constitution. repeat
that tins The only opportunity which would be afforded
70 CONGRESS 10 reduce the compensation OF the judge. no
matter what might be the alteration OF the circumstances
under the state OF things the country which may
II hereafter submit this amendment to provide for
graduating the compensation BY arbitrary rule which
Will probably attain reduction commensurate with the
gradual fall in the prices Of living in that country IL
should prove mpracicabe to reduce the compensation OF
me Judge 80 far we can, by additional provisions OF law
although we cannot provide for the reduction
Mr. BADGER really think sir. tina, the honorable
senator from Arkansas has not well considered the bear.
ing of tins amendment upon the provision
4 seems 10 me that is manfe-iS in direct violation Of
that provision. or at least evasion Of the constitutional
pv,;oD doy oy peaangeen, q tue salary The con-
shall not be diminished from what il BY any act thar
may De passed from and alter his acceptance Of The office
The constitutional provision y, ,hat the salary of the
Judge shall not be diminished during bis continuance In
office, whether il is by law providing for the dimnu.
llon Of It before the Office is created by law passed
after the once is IN existence and while the Judge hoi
ing that office The meaning OF the constitution il plain
seems 10 me that the most that be made in favor of
ms amendment s, that i is II Congress should estab-
ish courts fix the salaries Of the judges and in the act
should reserve right TO Congress afterwards 10 reduce
the salaries II Is very obvious that If that could be
done me constitutional provision would be worth moth
ing Congress might establish Office, and give salary
TO The Judge OF $4,000 for the first year. sc 900 for the
second, 81 500 for the third &C. And if we might do so
with regard 10 one judge could do with regard 10
all The purpose OF the constitution that the salary
o the Judge should be permanent; that il should not
be subject 10 ucuaton-no merely upon the ground that
II might be violation Of some supposed understanding
contract with Judge when he the office or
particular salary, but upon the further and higher
ground that the interests OF the country require that the
tenure OF the Office shall be permanent-that the Judges
salary shall not be liable to fuctuation .
Permit me to add, that IL there nothing else TO
show that this amendment cannst be considered on
count OF the constitutional provision, this is the first in
stance IN the history of the country for sixty years. when
! mas been proposed to establish sliding scale for the
Judges salary in virtue Of which, though you cannot di
lnish IT. yet 1t snail regularly year by year. become less
than it was when the office was established and the
Judge appointed Il seems to me that could great
deal Delter pay the $4,000 Tor the twenty years
sumng that to be the term of judicial e as suggested
by the senator from California, although think that ten
years about the averagebeer 10 pay for the
thirty years. than 10 reduce it in this way which looks as
u we intended TO set ourselves free from The constitutional
inhibition.
Mr.; BUTLER. do not wish to interfere with my
Trend IRON New Jersey, who has charge of the bill and
do not doubt that he will fully explain the views Of the
committee agree, however in the views taken by the
honorable senator from North Carolina and upon con-
suaton, am satisfied that you cannot have a sliding
scale Tor the salary, either BY contracts beforehand BY
any other arrangement The constitution contemplates
lha you should give liked salary; and the person
ceptiDg II would do so with knowledge that il should
not be diminished. during his good eaviour in his life
time But the effect OF the amendment of the senator
who will accept the Office for 50, 900; but you will find
no competent man who win be willing 10 20 out and take
that ohce for $4,000 for the first year or il they do
cepi H. hey Will resign the second third year, it
comes down. What. then, will be The situation OF the
next who applies for the office. He will receive ths
smaller salary and must be very inferior man, he
VIII be very much pejudiced in his interests by this
legislation OF Congress. II would operate unfairly. They
would accept the place for So 0Oo and resign the second
year OF @ certainly by The third; for they could not live
upon S5OOO That would be the practical operation of
the amendments think il was the unanimous view OF
the committee that the graduation was not authorized by
a iair construction OF the constitution.
One word before sit down, and then will leave the
subject 10 the Senate. one of those who believe
that highly responsible office like THE judicial Office
and the rare class OF attanmens that will constitute
good judge-should have high salary. That opinion
have stated upon this floor before But for inydou. dis
uncons between the Judges OF California and New York,
and other parts OF the United States, should be perfectly
willing now 10 say that the salary OF the Judges should
higher than they are in the United States at thus time
IL you wish TO command the highest talents from the bar
you must give an adequate inducement know there
are those that would prefer judicial Office. even
lever compensation because Il would give them i'm
portant position, which practice at the bar could not
giye-an honorable position above all others, in which
they could consult the dictates OF their conscience
and judgment in the affairs of men That is better than
tbe position OF any politician lawyer, believe; aud
tbai is ,t The advantage Of Judge.
Mr GWlN. ! would not detain the Senate any longer
win THIS discussion but Tor the fact that this in
dicaon OF wnai we 10 expect from other bills they
come up confess am mortified that he statements OF
my Coeague UPON the subject as TO the immense quantity
OF gold there have produced little effect on the amend
nent We all know that there no man 10 the country
who has more fully explored the whole subject, or
whose statements are more worthy OF credit. No man
conroye the facts lie has stated for they are true
and The presumption that prices TO fall has no founda
uon 10 TACT. II has been two years since this COM
meneei and prices have been expected 10 fall ali the time
and yet they are AS h'gn now they two years
ago. We can get no man who will discharge the duies
oi Judge there aad who will continue to discharge the
duties after they get TO the county. am anxious that
the Senate snoud understand that the presumption that
prices TO fall Is not founded in reasoning with
regard 10 the matter My colleague, who understands
the matter bee than any other in the wh ole coun
try, concurs with me in the fact which cannot be cobro-
yered that we cannot reasonably expect the fall in prices
so confidently predicted in the Senate
Mr. DAYTON. The Committee on the Judiciary GER
tanly intended in fixing these salaries, 10 ix them at
liberal sums That was the intention OF the committee
and when the Senate recoects that we have fixed this
salary at nearly double The salary OF any other district
Judge 10 the United States and beyond the salary OF the
Chief Justice OF the United Saies-that we have made il
thousand dollars than any associate Judge OF the
Supreme Court OF the United Sales--the Senate will see
is sad that swing TO the statement o one OF the senator's
from California, MIR FREMosr TO the great quantity
oil gold which has been ound hefe. for two or IN REG
years The prices will not fall have heard that stale
ment with great respect and entire confidence in the ag
gegae amount OF gold that Is likely 10 be produced by
that country Bot the history Of the world tells rs that
gold and al the precious metals like waerihey will
Francisco and another price New York The difference
w only be The difference in freight transportation and
insurance This state OF things cannot continue. We
know that mnst be II is fair course OF reasoning
therefore, 10 say that California will produce an immense
amount Of the precious metals and therefore prices will