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


The influence OF the federal government, by besowng
liberal rewards upon State officers, giving themsnch saa
res as shall raise them 10 equal respecabiy, and
make them as much sought and priced as the federal
Offices
The Importance OF the Offices about to be created by
this law is immense These commissioners will have 10
several claims OF more than million OF dollars. do
not therefore, believe that the senator is at all right in
his estimate of the amount of labor which these comns
sloners will have 10 perform will be very laborous
office. But il is measure OF labor that would
graduate the saares am in favor OF paying large sala
ries TO such officers other grounds have no doubt
that some oil the clerks In the departments may work
harder in wadng through accounts and matters OF deia
but we can get thousands OF men who are ca
pableof this kind Of labor for one who is competent
@ ac 2, IN ayor a. o
to such Offices require OF superemnen talent or
requirements, and low salaries to those which be
they can perform the mere manual drudgery and the
mental calculations OF the account.book There are
thousands Of these for of the other kind There will
De , q appeanis ior nese n oces
would call to the place men who, in position and dis
tnction, above making any application whatever
great aea y fa ocs n aGoo, ns @ 2, ~ e
times but sir it will be long time before shall be
satisfied that shall have good judges ten years
hence under Ter hs new system ~ we had twenty years
tory 10 decide which system is best And would say
my friend from Mississippi, [Mr. FoorE,l that will
venture the opinion tha, the judges now occupying the
bench in his State lawyers educated under differ.
ent system. The Augustine age OF literature at Rome
came after the great authors OF The preceding generation
had died Tba, brilliant period was the result OF prior
greatness. So It may be with these judges and it
mains to be whether the who formed under
the present system will maintain the same position.
Mr.. FOOTE. Mr.. President, the senator from South
Carolina has seen proper to make formal attack on
what thought proper to suggest incidentally. concur
fully in all that has been said by my honorable friend in
his usual energetic and happy manner in relation to the
acf
ciay to such officers these have doubt that The
salaries should be sufficient to secure the services OF the
best qualified men in the country for the discharge
created. would repeat, however, that ! am much
opposed 10 appointing these officers for a term of
twelve years as should be to appointing them for life
Twelve years is feme and II you elect these officers
for twelve years-if you place official power In their
hands for this length of tmeit seems to me most OBJ
vously manifest that they will in very short period af
ter their induction into office feel not little OF that sort
OF independence which may be well denominated pride
Of pace-oficial arrogance-whch, under the name Of
independence, is oitentmes warmly commended by men,
bers OF the legal profession, but which quality for
which, must confess have yet entertained much
respect.
Mr.. Jefferson Disseminated most sagely between ju-
dcal independence in Great Britain where il is indis
pensabe that the judges should be Independent OF the
Crown, for the OF popular rights and judicial
Independence in republic like ours, which is mere Off
c,al Responsibility 10 make Judge, or any other high
men rcpugnant to my views OF republicansm could
well be imagined. The tenure for life, during good
% JEFFERSON Sy
system Ii object of dsirust and apprehension
him always; and his opinion was, that forefathers
made great mistake indeed, in creating tenure OF this
sort at all.
will not enlarge upon this topic, but beg leave to
state TO my fnend ii he has discovered that there has
been great falling off both in dignity and efficiency in
this class OF officers in the United States the last twen-
y years. he will find, by bookings little narrowly
into the matter. that this deterioration has chiefly arisen
from cause just the opposite OF the specified by him
do not intend 10 say anything in dsparagement OF the
supreme judges OF the United Sates but II The de-
teoraton is suspected by my honorable friend to have
become evident among them, he will lind Il TO be some
what owing fancy, 10 the character OF their official
tenure which relieves them little too much from the
OF official responsibility The bench OF the Supreme
Court, doubtless now contains very able and learned
men though, suppose. all will confess il is not precise
ly, in all respects equal TO what many years ago
II this falling of be attributable 10 the which have
named-if this be, indeed the truth OF the matter, as
do not doubtt TO that my honorable friend has
alluded to decidedly in opposition his theory.
IL is my clear and decided opinion that II the judicial
officers OF the United States, including the members OF the
Supreme Court of the United States now electedas
trust will shortly be the case--by the people for a
term OF years only, and il they were TO be held as
other unconares, responsible to the people, great and
beneficial change would soon be realized. The expert
has been not only tried in my State, but in
New York, Illinois, and several others; and when the
proposition first brought forward, il Just
startling to the legal minds OF the country as the which
am now pr6pounding may prove TO be; and the ad-
vantages which we have realized in Mississippi do mol
doubt would be realized under the federal government
also, IL a like experiment should be made. lnmy own
State II Judge OF OF the courts undertakes to in
terfere in ordinary political concensfh he undertakes TO
become active political partisan, he is TO be
elected again Unless great occasion OF profound
national peril when all patriots called upon 10
the republic from peril, hold judicial officers
bound not 10 ntermeddle IN political concerns al all.
From the day that he enss a partisan, he is
looked upon as disgraced man and, although mpeach-
ment might not be tried upon him-whch has, in fact,
we all know, become mere mockery Of late-yetn is
certain that such a person is not elected again 10
the bench which he has so grossly dscrediied
My friend from South Carolina says that the condition
OF the judiciary Is growing worse and worse and init.
of in the character OF our courts has occurred. To
what State oil the Union did my honorable friend design
10 apply his remark Certainly not 10 the State OF
Mississippi where, for reasons already stated such
falling of has occurred Our Judiciary establishment is
known to have greatly improved IN the last twenty years
the Union, except where the old tenure for life has been
retained, is better than II Now, il my friend intend.
ed 10 intimate that there has been dminuon IN Judi.
cial efficiency in the State OF South Carolina should
not feel called upon to gansay the proposition, though
am far from niimating this to be true But il dete-
roration has actually there occurred, should conjec.
ture that il is really attributable in no small degree 10
that permanent Official TENURE the evil influence oi
which | have been endeavoring TO make manifest
Although he may have very able judiciary there,
a. has certainly generally been the case entertain
persuaded TO modify their organic law in such
to enable them TO elect their judges only for short
term oil years. the beneficial effects would be
developed that have been elsewhere realized do moi
doubt that the people Of South Carolina would always
and that there would be an administration Of Justice fer
superior 10 ANYTHING vet enoyed even in the Palmetto