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

to be transacted in executive session which hope may
now be attended TO.
The PRESIDENT. Does the senator make mo
lon
Mr. GWIN | move to postpone the further conside-
ration OF the bill for the purpose of going into executive
Mr. BERRIEN Will the senator withdraw that mo-
lion a moment!
Mr. GWIN Certainly.
Mr. BERRlEN. desire to say that am fulfilling
duty which the Senate imposed upon in relation TO
bill which is coniessedy of general importance,
think very simple may be given 10 the officially
which is suggested. Ii the senators could only be
prevailed upon act upon the principle that bill like
als involving multiplied details cannot probably present
seli acceptaby TO every individual senator, and that The
only mole OF rendering perfect is hy experience after
shall become lawif members would repose sufficient
confidence IN the committee who have engaged in the
preparation OF il believe that this bill is really not liable
to The multiplied exceptions that made, and il each
senator Tor himself would satisfy himself OF the proprety
OF the exception and not rely upon representations from
abroad we should bring this bill to a speedy close
Il true that by The act OF lS42, contained in the
civil and diplomatic appoprlaiinn hii the provision
stated by the senator from Kentucky was made II was
my purpose TO have answered the motion OF the senator
from Wisconsin by referring TO H. But that act, in its
terms, which the senator from Kentucky has before him.
he Will discover IS applicable TO the circuit and district
courts OF the United States in general Now, under.
stand there is distinction between the courts OF civil
jurisdiction within the District of Columbia and the
criminal court and while the amendment OF the senator
from Wisconsin is not applicable TO the United States in
general because the criminal jurisdiction OF the circuit
cuarly applicable to the District of Columbia. And
think his purpose would be obtaned-for allow to
say did not acquesce in The proposition that the act Of
1912 is imperative: believe the limitations which are
provided for by that act enforced at the Treasury De-
parmenl and that information that could be gained on
that subject would aid IN acting upon the present
bill think his purpose would be obtained by with
drawing the amendment, and substituting for proviso
that the office of clerk of the criminal should not
De held BY the same person holding the Office OF clerk OF
the district or circuit court.
Mr. WALKER | will consen! to that modification Of
the amendment
Mr. GWIN renewed his motion that the further con.
sderation of the bill be postponed till Monday, in order
to proceed TO executive business.
The question being taken on the motion TO postpone,
Mr.. WALKER | will withdraw my amendment, and
offer proviso in ITS place. which the senator from Geor
ga has been kind as to send to
The Reporter could not obtain this alnendment.l
Mr. UNDERWOOD The matter in which would
like 10 cooperate With the senator from Wisconsin seems
to be wholly discarded by him that is TO require these
duties be performed by the individual and lessen
the compensation Now, the effect OF his amendment
will be to allow the clerk of the criminal court to have
his So 900, that is 10 be the maximum, and also TO
allow the clerk OF The circuit court 10 have his $4,000.
so that by the legislation that we are engaged in we are
TO have Sl2 900 paid to two Individuals instead OF VI 0OO
to That is The effect of the amendment, if the lees
will justify it. II cannot be otherwise if the fees will
make il up to $4,000. II the fees make it 200 each.
they will get that and If the fees make 4 900 each they
will get that So that by this bill and the legislation pro-
posed by the gentleman over the way we are 10 have two
men and increased compensation, where one man has
been found competent TO do the duty.
And that is not all aud il shows the danger that We
are eerpe,ualy incurrlng when we are making these
hasty acts 10 regulate these matters This particularly
hasy because this is the first time that it is offered by the
senator the way. We had applications here year
after year 10 make appropriation to help finish the
City fall, and told, time and again, while these
applications were being made that one great reason why
we should give the money was, that there was no accom-
modalon for the clerks otce-hat there not sun.
cient provided for the and, according to
examination which made al time, really found
that there was some well founded complaints upon that
fha IN fhoaa tvvo
different offices which we to one
room, and all the books which wanted in connexion
with these courts in the room managed by the
clerk. He has already complained that the provs-
ion for his accommodation for his books not sufficient
That has been made ground OF complaint time and
again Why should you then, make larger appropriations
tor the accommodation OF these courts and yet make
provision at all Tor two separate offices Why make no
provision for the custody of the books and recordsl You
hastily egisa,ing- two Offices without its
being said that cannot discha,ge the duties OF
both There complaint upon that score-there never
The two courts cannot sit and the time, be-
the lawyers in the one court are engaged in the
other and therefore. they cannot get along without hav
ing separate and appropriate days to hold their different
coarts upon, consequence OF the engagements OF the
lawyers One clerk, therefore, do The duties OF both
You make no provision for separate Offices The CON-
plant has been almost from time mmemorial that they
not sufficiently provided Tor; and now you are to
multiply the officers, allowing each 10 receive the max
mum amount OF salary just 10 provide for another ncum
bent instead of acting upon my idea OF requiring the same
to do the duty OF both Offices and lessen his compen
salon II high. Now is this to be the course OF
legislation From what | have witnessed here, am
sorry believe that such is 10 be the case-tha wherever
can well multiply the offices, multiply salaries, null
ply those who are live upon these Offices instead OF
letting them go TO work to become producers, who
OF other mems abos That is the course
of policy that indulge in And does that
from the from Wisconsin, the gentleman who has
been par ertHence the friend of the actual aborer and
the ler OF the soilhe senator who has made speeches
upon speeches the subject Ii to directly
in conflict with The practice which he has heretofore
hibed to the country. sorry to il come from
that quarter Ii seems TO he ought to have availed
himself OF my suggestion. II one do the duty
OF the Offices make him do it. and If he receives too
much for IT, curta him in his salary, instead OF multiply
ing offices and officers. and allowing each OF them to re-
ceve the whole OF the So 900. which should have
been given TO for dischargng the duties OF both
Offices.
Mr. BADGER | am glad the senator from Wiscon-
sin has proposed this amendment for It seems TO me TO
be perfectly right and proper in principle IL understand
this matter rightly when this criminal court was const
tuted matter of experiment. the clerk of the circuit
court was directed TO clerk OF the criminal court
That experiment has been red and is found that there
ample business for both the courts, and that each
OF the offices of clerk sufficient support and maintain
clerk well and respectfully. Now, think il is clearly
against the policy OF the country to allow to
hold two or three Offices, except where the two three
Offices, united together, necessary to make respeca
BILE and competent support for individual
But there is another connected with this matter
Here is the Judge of the criminal court and he has ap
pointed Tor HIM clerk by another court in which he -
not Judge at all Now, why subject him to the stna-
ton OF having subordinate in his court not deriving hs
appointment from him, responsible TO him, not re-
movable by him WHY subject the Judge TO this wnen