The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-18

ion of Chief Justice Story that the clerk is to have an
oce and IS bound to contribute all his tme for he does
not know the day the hour when he is 10 be called
upon 10 render services required of him in the district
Thirdly there are districts IN which the services of
dydual are required all the time and he is bound TO re-
called upon ior that service That understand TO be
lhe situation OF the and, for those reasons think
that he is required by law keep his office open and
thnk lhe sum being The same; which IS at least fore
shadowed IN The very bill tsel-ior the bill seems TO 20
win ihe Understanding that he is 10 have five hundred
doiias-it seems TO that the amendment is Just and
proper know OF no good reason that can be shown
why we Should pay salary TO marshal any than
we should to clerk OF the courts, aud when know
very well That there IS limited salary which all the
marshais receive did not say that il was matter Of
surprise to me that there tees paid by of
clerks into the treasury OF the United States The
alor IRON Georgia misunderstood | did say, how.
ever mat there was more proprey-this is the dea-Q
do not recollect exactly my words) did say that there
was as great proprieiy in taking the surplus that paid
into the reasufya great greater pfoprley taking
10 qualze the payment OF class OF officers. than
IN dlverng i 10 another purpose. take il that we
bound TO Laihan judicial systemthat 1t Is one OF the
obllgahons imposed upon us a government and
counry-or The interest Of the whole country and il
tor that reason that 1t is to be taxed upon the
ury and not upon parties liugant. II you fix a maxi
mum for these lees. where the surplus fees above the
maximum are 10 go INTO the treasury there to my mind
some reason why that surplus should be employed in
equazlng tie fees or salaries OF the various officers
Besides, The senator Ge0Tpa Alr BERRIENl
says that this is bill to equaze the system. | did not
understand IT. II inequality which operates but in
single way IN those large offices there is maximum,
and that maximum remains. 1t is only 10 diminish fees
in small Offices and leave the larger precisely they
,
Mr.. BERRlEN. The bill equalizes in this way. 1t
renders all these offices uniform throughout the United
States Now, sir, with respect 10 those Offices which do
not afford adequate compensation, understand that in
those States III which the amount of business is too small
to afford adequate compensation, these separate clerk
"A re-
their office clerk in their professional office, and By
this bill they will be furnished with office free OF
rent.
Mr.. BADGER asked for the reading OF the amend
ment; which was according ly read.
Mr., CHASE hope, MIR. President this amendment
will prevail. 1t is obviously but slight act OF justice
to clerks situated as those represented by my friend from
Maine, [Mr HAMIINl II we pay the marshals, there
can be no principle why we should not pay the clerks
II we put all beyond certain sum into the general treas
uTy there be objection founded upon absolute
principle why we should not compensate those who fall
below certain 1t seems to The request is but
reasonable where the tees do not amount to small
sum as five hundred dollars, that they should be in
creased 10 that smount Indeed the bill proposes in
crease in certain mode 10 that amount but where the
increase does not, in any mode provided by the bil.
reach ba, amount, seems lair proper that II should
be paid out OF the general treasury. think will add
strength 10 the bill am not in situation which makes
desirable Tor any gentleman IN the State have the
honor in part 10 represent that such amendment a.
this should prevail Bul there gentlemen here who
situated, aud is desirable the bill should be
framed that while It economzes II should not economic
rigdIy as TO do I'M usIce 10 some OF the clerks.
Mr.. BADGER. Mr. President want TO say word
or two concerning This measure. Without expecting
what ! have TO say will have any influence upon
the Senate, | still feel il to be my duty towards
the State | have the honor in part TO represent 10
make known the effect and operation OF this bill
upon the courts of the United States and officers OF the
United States, far that State concerned and
derrake speak for other. In the first place, Mr.
President nay objection 10 this bill that very equal
zalion OF which The senator from Georgia MIR BERRlEN]
speaks He says the bill equaizes the compensation, and
in that way gives Tor service performed in one State
precisely the same compensation as Tor service performed
in another State. That would be very well if the value OF
the service rendered in State the that
in every other State; bu il is not So Professional
wees and services to be rendered by clerks and services
to be rendered by other PERSONS depend upon the value
them in the respective communities where they are 10 be
rendered. In 1853 this was the principle undoub,sdly
adopted by the trainers Of the judiciary bill. They did
not undertake TO make leveng compensation for the diff
eren officers OF the courts OF the United States but ooke1
at this government one-a government of States united
together with separate State governments. and separate
OF compensation and By necessary consequence
separate and distinct values for particular services be-
these compensatons are fixed with respect to the
values OF services in different States. That bill pre-
scbes what appears to TO be the true principle that
all services be rendered by officers OF the United States
should be measured By prices paid Tor like services IN the
States where they 10 be rendered. That was adopted
in 7S9 Ii has continued since; aud am at a loss
10 understand what discovery have made which en-
titles US TO pronounce that principle erroneous Now,
sir this bill to me TO have been founded upon this
idea OF providing what will be adapted to those States IN
which there large amount OF business IN the courts
of the United States that regarded sufficient, aud 1t
is a matter OF concern how II will operate upon the
judicial officers of the United States In communities
where there is a small amount OF business to be trans
acedas, for instance, my own Staethe senator IRON
Georgia MIR BERRENl with regard 10 small clerk
ships he understands they held by young lawyers
speak for my own State and, with regard To the clerk
ship OF the circuit court OF the United States 1t IS not
and never has been, held by member OF the legal pro
esson This bill proposes to reduce every fee which Is
except few, which left at the same rate which IS
now paid The compensation now scarcely reaches SOU
a wear and If this bill goes into operation without lhe
provision proposed by the honorable senator from Name
fMr HAMIIs / think should be within bounds IN saw
ing the CON PEN saon paid to that officer viii be reduced
10 $3.50 year. He is no lawyer he keeps an once of
the sole purpose Of ransacng the affairs OF his ceTkshp
Ii is bis own office, and built for that particular pur
pose Now sir, IL may be said Let there be no courts OF
The United States That would be the result. Is Oh
yous no man going 10 give his tune and attention 70
an Office for $3.50 year. have stated what know tha
office to be What is 10 be done Is II OF any import
ance TO the United States to maintain this judicial system
$3.50 year. that each State which may be similarly STU
ated should be paid out OF the treasury OF the United
States TO maintain her judicial system Ihe government
must have system. They must have q pers OF some
competency and those officers when they hold the place,
mus be al the proper office TO discharge thef ouues
They cannot have leave OF absence Tor moe months IN
the wear because there are but few applications they
must be there whenever there Is an application
Now, Mr. President, TO show, with regard TO patuc
uar item, the reduction OF compensation upon hese ON
GERS according to this bill II is proposed 10 give ior
recsrds-copes OF legal poceedings-to the ciek VINO
makes them out an allowance OF len cents by the lolio
or cory sheet OF hundred words Now, SIT, IN az. AZ,