The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-16

Hamn. Houston, Jones. King Norris. Rusk, Surgeon.
Tumey, Walker, and Whitcomb 20
| So the resolution adopted.
The resolution was then ordered to be engrossed for
Whereupon the Senate adjourned
THURSDAY, FEBRUARY 10. 1851.
I'm coNTINuATIoN.l
| FEES OF OFFICERS.
The Senate, as in committee OF the whole, proceeded to
the consideration Of the bill to regulate the fees and
cost. to be allowed clerks marsha, and attorneys OF the
circuit and district courts OF the United States, and for
other purposes.
| The question amendment reported by the
Committee the Judiciary substitute tor.the whole
Mr. BERRIEN Mr. President the bill which has
been read by the Secretary reported by the Judiciary
Committee. who propose to strike out all after the enact
ing clause of the bill which was referred to theIn and
insert What has been read a substitute Before sub
hitting that question to the consideration OF the Senate,
desire 10 offer few amendments which have been sug.
gested by information received after the daughtiDg OF
this bill And the first amendment that propose to offer
that provision of the bill which authorizes clerks in
certain charge higher rate OF fees than that
which is prescribed in the act The amendment which
am about to submit provides for the allowance OF
higher rate of fees only in the event OF the same person
being clerk of the circuit and district courts That pro-
vision of the bill draugked under the supposlion
that in those States which the amount OF business
not sufficient give to two different occupants OF these
offices compensation adequate to their support they
were generally united. l understand however, upon
further inquiry that this not the fact but that IN many
States where the compensation is small these offices are
held by different persons. Ii proposed, therefore, to
give the benefit of the provision TO each clerk OF the dis
trict circuit court where the compensation does not
amount the specified in the section The object
of the amendment will be accomplished by striking out
from the word the" in the Hath ine to the word
and" in the ll5h tne inclusive; and also 10 strike out
the words "hosesofces in the 10th hne and insert
"any clerk OF the circuit district court OF the United
States y" so that the section will read as follows:
whenever the gross OF the fees and emolu.
any clerk OF the dsric, OF the United States
rates herein prescribed shall be than five hundred dol
lars he charge rate of fees for his services hy per
cent higher than prescribed in this and when they
shall have been five hundred dollars and less Than
hundred dollars reokoned at the rates herein he
charge OF fees thirty three and third cent
higher than in this act and when such
hundred dollars and less than eight hundred dollars eck-
oned the herein prescribed he charge rate
of fees his services twenty-five per higher than is
prescribed in this act"
The object OF the amendment is 10 give the benefit of
this provision contained IN the bill TO individuals who do
not hold both these offices, but who hold singly the
Offices of clerk OF the circuit or district court
Mr. HAMLlN. would ask the senator from Georgia
If there any necessity Tor vote OF the Senate upon his
proposed amendment Is not the amendment sll within
his power modify, If he chooses without the
sent OF the Senate
Mr. BERRlEN The amendment, would say to the
senator from Maine, reported from the Committee
on the Judiciary by its chairman, who has consented that
the bill shall receive certain notifications which have
proposed which saves me the necessity OF making them
specifically to the Senate They will then stand the
amendments reported by the committee which am not
authorized Individually to offer
/ The question being taken the amendment, it was
Mr. b offered similar amendment in another part OF
the bill; which was also agreed to.
Also, verbal alteration by substituting the word
:" be" for the words amount io" which agreed to.
| Mr. BERRIEN. difficulty has occurred, Mr.. Presi-
dent in relation persons who called from beyond
the limits of the United States witnesses in criminal
cases pending in the of the United States 1 have
received letter from the Comptroller of the Treasury
which will ask the Secretary to read.
The letter is as follows;
TREASURY DEPARTMENT, Compuoler's Office,
| February H. 1851.
Sra, Perceving that you have taken interest the
passage the bill before the Senate for regulating the fees OF
Witnesses &c submit, for your ration,
copy offs decision made In this office the application
OF lanes Lewis witness who was sent from the Sand.
criminal Since that decision made there have
been numbe, Of ohor apple for Witnesses ices by
stations They would have made application to Congress,
mentioned 10 pay them the present great
hardship. THIS wall be accompanied by section which,
If adopted viii embrace all the OF this class IN such
manner will protect the right. of per-
mentioned and the Interest,". OF the United States
animation he then is embraced by the existing laws and
by other provisions OF the present ball
| Hon. J. McPukRsos BkSNrKs,
! United States Senate.
| now propose the following amendment:
| THAT there be paid such seansn other person
has been shall be the United States from any
|
lister, charge daifare. consu commander captain, to
give testimony in criminal which has BEEN or
may be depending In court of the United States, such
com the which had shall have cognz.
of the crime shall adudge TO be right and proper not
exceed dollar for each day the said seamah or
has been shall be necessarily the voyage, and
arriving the place of examination or trial, together with
allowance for and transportation
the said take sderaon, in fixing said
pensstton condition OF said Witness whether
ths voyage has been broken up, his injury, by his
be ing the United States not II SAID
person has BEEN shall be transported armed vessel
OF the United States, charge for susenance ansports
ton shall be made in any other vessel and he has not
the time of fixing said compensation, paid his
and expenses, the court adudge how much Of said
pensauon shall be paid the captain Of said vessel
and the shall be deducted and paid accordingly"
This subject has been brought to the notice of the
Treasury Department by occurring in the State Of
Virginia IN November ls49-the case of James Lewis,
who by the consul OF the United States the Sand
wIch islands, sent to testify Of mutny where
The accused was sent home for trial The Judge of the
district court deemng II reasonable that this witness
should have compensation for all the consumed
his voyage, made order for his compensation. allow
ing him VI as per day during the time thus consumed,
amounting to $307 so for two hundred and forty SIX
days. together with the further OF es 75 for seven
days. the lme he confined In the United States la'i
at Norfolk. This amount presented 70 the Secretary
of the Treasury by the attorney for James Lewis and re-
fered Comptroller, who said that be entena,neo
no doubt The wness should BE- paid for ~ the ams