The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-31

comparison here were moi personal for the comparison
he dd undertake 10 institute was between the federal
Judge aud the Judges OF the Supreme Court the Judges IN
the last resort The Of New Hampshire, as stated
by the from that State MIR. HALEI yesterday
is ease in point The chief justice OF The supreme court
in that Stale gets but 81 400, and the associate justice
with that chief justice gets but VI 200 Now, sr IN the
State OF Arkansas the chief Justice OF The supreme court
the Judge in The last resort there, gets oOO and me
associate Judges get the amount The Judges OF Inc
circuit courts get ~ 200 II we had instituted comparison
the judges OF The federal courts and the Judges oil
the circuit courts there there would have been more force
in the genemans remarks But comparison cannot be
instituted in the other case because however adyanla
geous and high he may assume the position OF the federal
Judge be, from the responsibility OF The cases coming
before the court the same may be said oil the position OF
the judges OF the supreme court who are equally hgh ~
their responsibilities equal in character and cases OF
equal magnitude before them; and OF course the
same grade OF qualification, oil talent learning and neg
riy s required in both Instances would make inquiry
length of time the federal Judge IN hls Stale mas held Inc
office.
Mr. HALE. lie was appointed by General Jackson.
Mr. BoRLAND Then he has held the Office for a
very long time; but we have heard OF an applca
ton for an increase OF pay before
Mr. BORLAND. The senator says am mistaken,
and that the gentleman has applied before Well SIR he
has been in oice, AS understand II, SINCE about is53
being period OF twenty years daring which he has held
the Office and been satishedso lar as we have any ev
dence--wth the salary he has received. Now ARE his
qualifications any greater than formerly Are his neces.
sary expenses any greater If not, desire TO know what
foundation he has for claim now that has not existed
any period during the last twenty yeas5 we under
take TO compensate him by an increase OF pay beyond
what il is now, we should go back and give him add
tional compensation from the time he entered upon the
Office when he was supposed be as well qualified as he
is now; and presume his expenses OF living were the
same.
And so with all this proposed increase, If proceed
upon the ground that is just and equtabe-and surely
we can put ii upon no other grOund-we assume that
have withheld from these this long
Rod, they have been in office an amount OF money
which their services and their qualifications entitled them
what we have withheld when il was Justly theirs
The other points in the question, think have been
so fully discussed. that shall not trouble the Senate
with any further remarks OF nine.
MIR. BRADBURY. A remark made by the senator
from Massachusetts Mr. DAvIsl renders it necessary
that should say word, lest may be misunderstood
objected to the principle laid down by the senator from
South Carolina that the compensation Of the highest State
Judge should be the memorable rule. He stated that
Mr.. RHETT / did not say the memorable rule.
said the principle There may be exceptions and one
now occurs TO my own mind understand that IN
Rhode Island the Judge gets but $500; and il any
MIR. CLARKE | should like TO know how the sena.
tor from South Carolina understood that
The PRESIDENT. The senator from Maine is emit
MIR. BRADBURY resumed was not calling in ques
ton the remarks of the senator from South Carolina;
but The senator from Massachusetts, alluded directly
my remarks, and the OF the remarks of the
tor from North Carolina tMr. BADcERI bore upon the
same subject desire to place my self right stated
that The salary OF The STATE Judge should be one OF the
elements then stated that there other elements
to be considered The principle which would adopt in
reference 10 that salary is This: would give such COM
pensaticn shall command adequate talent. have
case in y recollection understand that the Judges
OF the highest State courts in Florida receive $4,000
That is found 10 be adequate salary 10 command the
services and To retain the services oil adequate Judge IN
the southern district OF ha, State, who has to pass
ally upon the amount OF million million and hall
OF dollars. There other in which the salary OF
the State Judge would be inadequate And again, IN other
cases. the compensation OF The State judges is than
would be adequate compensation. Hence, the whole
scope OF my remarks was that this would be one OF the
elements IN forming an opinion, but not n rule,
Mr.. BADGER, i beg to say, the honorable senator
has referred 10 The remarks maie that did not under
stand the senator from South Carolina Mr. RnErrl as
laying down any such rule that should necessarily
be guided By the salaries given 70 the State judges
desood him 10 say that that furnished in general with
a criterion by which 10 ascertain what compensation
would command sufficiently adequate abilities Tor the
vices OF The United States.
will say, further that do not agree with Whit was
said by The senator from Maine, that the salary u the
judge is TO be reduced because the business that he is
called upon 10 discharge is not great pressing You
call upon gentleman OF the bar TO quit his probes
Mr. BRADBURY | said no such thing sir as that il
was 10 be reduced for such a
Mr. BADGER. thought you said il was TO depend in
part upon the amount OF business. Now, sir, do not
think that matter ought TO enter into the investigation al
all or at least that II should be in very subordinate de-
gree because, NJ you have court which there
lew cases tried in the course OF the year, s when you
select man competent to ill that place, you Withdraw
him IRON his professional employment altogether You
make him dependent, upon his salary, and of the
salary must be adequate. II would be very poor sys-
TEN 10 act upon, that, because there is little business in
any Of the courts OF the United States you are to give
less salaries, and 10 NIL those with inadequate
men for by-and-by when n question affecting a large
amount OF property, personal liberty for ten twenty
years. or the life OF citizen, 10 be tried the man
who would be in duty bound proceed with the trial
yerybody would say not worthy OF The place. and
was not competent to discharge the duties imposed upon
him. There may be cases. true where there would
be such an immense accumulation OF business that sal
airy would be required which, under other circumstances
would not be required. But the salary should always
command capacity TO decide the that may arise be-
fore the court
Mr.. BRADBURY The gentleman seem. again 10 mis-. |
apprehend me. stated distinctly that OF the elements
was the amount OF business said nothing about redu
Gang salaries But he goes and draws thai conclusion
argues upon these premises The proposition made was
a general one. And now put case: A Judge may be
constantly employed, like the Judge in the district OF Mas
sachnsetts The southern district OF New York. with an
immense accumulation OF business almost sufficient to
break down Herculean frame: and ask il that is not l.
one oil The elements OF his compensation That il the
position laid down; yet the honorable senator objects 10
l. and takes exception, il had confined il 10 the sim
lie view upon which he has argued
MIR. CHASE. The question now before the Senate is
whether this district judge shall receive salary equal to
hat OF The associate Judge OF the State not have
AIKEN pans to ascertain from The senator from New
Hampshire what the precise amount OF that salary is II
$1,000 year. la the Of some remarks of the
nnaG.kF A. ~ 4