The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-18
CONGRESSIONAL.
DEFERRED DEBATE.
SATURDAY, FEBRUARY Is, 1851.
SIGN ATE.
900 AE 4.

ThaS Spua whole, proceeded
N The consde ration OF the hl to regulate the fees and
costs 10 be allowed clerks maTshals and attorneys of the
.gcu and district courts OF The United States, and Tor
other purposes
The question was on Nie auehuh'ebt moved oy MI,
HAMLIN, as follows;
Aud provided all where said offices OF Circuit
and district clerk shp be held by person, urd Tie fees
md enouen thereof SHAH five hundred
dollars per anuum, there shall be paid OF the
suc VA make he compensation i've hundred dol
ars ond said provts shan appy TO each OF said offices
res c,ivey when he'd by dhee" persons ard the cerk
ne be, and rney hereby made ecto
take acknowledgements OF bail aud aida
Wis and also TO take dtptsttiuns IN eirii cases
| Mr.. HAMLlN. Mr.. President, ! am sensible. from,
the in vest alton which | have made and from what
have learned from the committee who have reported this
hill that there very great and serious evils existing
under the present laws, winch demand remedy To ef
feet that, desrous OF contributing my sid In
tempting 10 effect remedy, however, Tor lhese evils
which exist. and in preventing that large amount of fees
which accumulate in our large States and DISTRICTS
well appreciate that shall do The country and
liz doing that, think that should be careful not to
annihate another class OF officers situated in the smaller
districts. The object OF my amendment prevent the
evil which this bill will cause upon those individuals
While ii seeks to remedy what is evil trust that il
will not perpetrate greater one upon a much larger
class OF public officers This section OF the BILL which
propose TO attach hls amendment, already provides that
case the fees of the circuit and district clerks do not
amount to the OF five hundred dollars. they shall
lax the additional sum of fifty per cent upon the rates of
fees established by this bill; and if their lees do not
amount TO six hundred dollars then they shall tax an ad
itonal per centum OF twenty-five per cent. Now, ap-
prehend that the section, when fairly taken and fairly
considered, conemplaes that either OF those clerks
ary entitled TO and should receive equal to that
which have named IN the amendment have offered
is 10 supply that deficiency IN factto make that
b five hundred dollars if the fees and emoumen,s shall
po up 10 it II is 10 supply that that have offered
HE amendment. | am well aware that II is establishing
new principle II ts.making your clerks OF your courts
10 certain and limited extent, saarIed officers But
enaor. will not forget that by the provisions OF this bill
here will be paid into the treasury by the clerks in the
anger districts funds which have accrued from their Of
Ice and which may properly be drawn out to pay those
erks whose tees amount really TO so low sum not
render adequate compensation Tor the which
has been performed. Ii would that parties gant
houd not be taxed Tor the support OF the general gov
rnmeni-lhat lees accumuating in our large districts
Eould not be paid into the treasury OF tue United States
here TO remain IRON thence to be appropriated the
ther expenses OF the government But is there not
roptty, nasmuch by this very tariff OF fees you get
surplus IN one section that II should go 10 other
hons where the emolumeDts established by this bill
pot sufficient 10 compensate officers And is five hun
ed dollars sufficient sum IN any district or IN any cir
ult IN this Union lor clerk who is competent o dis
harge The duties of that Office? think not. hope
ha, The honorable senator who has this bill in charge
. upon reflection concur in the justice and proprety
pi this amendment. and give to II his assent
The amendment proposes one other thing 1t proposes
hat the clerk may administer oahs, which he may now
10 IN term time. and which, ii the amendment prevails
e may do out oil term time-nay admin ster oaths and
AXE aidavlts and deposons to be used IN civil cases
various sections, IN many districts, certain it is that
where there are few or no commissioners, twill be found
sct and circuit court may be authorized to take depo
ions and 10 administer oaths in civil of term
me To that part OF the amendment, ! take it, The
)ena,or IRON Georgia Mr.. BERRIEN would have OPP
POSITION As for the first part, have stated the
Ehy have presented II, and hope that i, may receive
he favorable consideration of the Senate.
Mr. BERRlEN There is certainly objection, il this
the proper bill to insert the amendment of the honora
le senator from Maine, MIR HAMLSl The clerks of
DE circuit and district courts might be very well invested
oco with the office OF commissioner take the dep
St pui he Term ia not asub vact-
germane 10 the bill ha, provides for the fees and com
ensaon OF officers in the courts OF the United States,
oveyer, that will subm, TO the consideration OF the
enae, only asking that the question may be divided, as
e amendment consists OF two very distinct propositions.
Now, with regard 10 the FIRST II is proposition TO take
VI OF the public treasury what sum of money may be
ecessary 10 raise the salaries OF these officers 10 $500
nd when the Office held by separate PERSONS each per-
ON shall have sum equal to $500. Now, SIR, / would
ay that think there is very great mIsapprehenson as
The operation OF thus bill In reducing the amount OF
empensaticn that the clerks will receive. The compen-
slon which they now entitled to receive is that
hch allowed in the courts OF the State with an ad
lion OF one third and in State where provision IL
ade for service required be performed by the clerks OF
circuit court the judges OF the court are directed to
AXE reasonable compensation. The result OF tins
ing Is grea; inequality throughout the different portions
the United States The object of this bill is TO
PAL inequality. II gives TO the clerks, think where
eFe IS ay business IN the courts, very adequate com
nsatlon, aud provides in addition to the tees which
ave heretofore been allowed by law that they shall be
fn,shed with an office. One OF the complaints which
have heard here was that the amount OF salary
al lhat when the office rent deducted from IT, II
aly Afforded inadequate compensation. That difficulty
removed, and the honorable senator from Maine Mr.,
AN says that the object is TO make the salary Of the
ss OF each court $500 Yes. that is the object OF the
w. y The business oi the court will produce tees sui
h 10 amount to that sum but II is not the object OF
oll TO establish the principle OF drawing from the
asufy OF the United States the sum which may be ne
sary 10 make up that deficiency.
then, as 10 the suggestion that in some OF the States
amount more than that which these officers allowed
receive collected, and the surplus put into the treas
which may be well taken and applied to officers in
eF districts and that the United States is not disposed
h'o lis treasury fees paid BY the l,gants IN It's courts
ny, Mr President, | am little surprised al such
'Posuon. The United States furnish tribunal be-
whom ihey can lItgae their conflicting claims They
POINT oifcers; they pay these officers the marshal and
ulGt M attorney receive salaries, and the United States
aphsh certain rate OF fees TO be paid BY the parties
ahs' "bom The judgment shall be ultimately rendered,
'oe purpose oi enabling the lingants contest their
pecuVe claims Why should not moneys derived from
eh source be paid to the treasury of the United
les well as any other desire TO say further il
le are oiates OF thus Union ia which the fees and
oiumehs WIZ not amount to FIVE hundred dollars tree
any chaige loT Office reut, II is matter oil surplse
country like this there is desire to obtain these
% = anu oo'ain lhem separately. presume that there
sCMcely any State, where the two offices are united
"nlch the ices and emolumens would not amount to
hundred dollars; and If they do not amount 10 that
uecause the ohcer has nothing to do. And do you
an W lhvUe hlm TO put himself inte condition IN
having nothing to do for the public, he shall still
pho ou OF the public treasury That is all have to
upon the subject
would beg TO add the suggestion of a senator near me-
III ~ nose States in which the business is so small that
~ Pehsauon OF these officers, being separately officers
e usulct and circuit court is not adequate to their
Po,'o Pn oi convenience, the public good requ,res that