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

kansas on yesterday deserves some consideraiioa as
well thai presented by the senator from South Caro-
lima to-day and il is this that young OF The eoun-
try. all who have solitary spark OF ambition IN ihef
bosoms. seeking stations under the federal government
aud that senator and myself together win others, con-
tend that the legislative branch OF the government rs
every day usupng powers and extending It's jurisdiction
beyond what properly belongs to y, nave hesId y
whispered lately that the Supreme Coufi Oh the uheu
States have done the thing that, BY decision o.
that court they have given Admiralty jurisdiction 70 an
the district Judges and judges OF NE Uneu oaes courts
residing upon The waters OF the Mississippi have no
knowledge OF the decision for do not keep up WIN
the decisions OF the Supreme Court,hayng nothing 10
do with the law.
A SENATOR II is upon all navigable waters"
Mr. ATCHlSON, This, IL is SAID, VIII increase I'M
mensely the business OF the district eou oil lhe oheu
States have never myself heard mnrmur 10 lea,lon
TO this matter prior TO this decson WHY SIR Inc JUDGES
OF the State courts suits between citizens oil The diIer'
en States OF this Union decide, venture 10 say nine
teen. NV eniielhs of the brought in, the States
know that is the in the State OF Missouri ihefe
are few suits brought by citizens OF other States ~ Inc
district courts in the western and central parts OIL our
State. But where debt is 10 be collected, or where
there is matter OF litigation between citizens oil oiher
States and our own citizens. except IN the western part
OF The State such cases are uniformly decided by he
State Judges where they have Jurisdictions and there are
very lew cases where they have not jurisdiction IN our
State.
Mr.. President, concur with the views taken by the
senator from South Carolina and by the senator from
North Carolina, that very fair criterion oil the pay
district judge should receive is the amount paid to
State Judge ransactng similar duties But sir that wi
not operate equally In OF tho Slatesin The Stale
OF Louisiana, tor instance told that the Judges re-
ceiye four or five thousand dollars.
Mr.. DOWNS. Six thousand in Louis lana.
Mr.. ATCHlSON. And how much does the district
Judge receive
Mr. DOWNS twenty-five hundred dollars.
Mr. ATCHISON. Twenty five hundred dollars, the
senator says is The salary OF district Judge in Lou!s
doubt not that in OF the States OF this Union
the salary OF the State officers will fall far below the salary
of the district Judge. Then, sir, that rule would not
onar In nal a n
services worth but think the better policy would
be- If the business increased to such an extent that the
gument be based upon il that he should have an
increase of salary TO divide the State into two Districts
and TO give the State another judge BECAUSE sr, when
oyerburened he cannot discharge the duties OF Judge
No increase of salary will enable him TO do than he
possibly do II that be the in New hampshire
let the senator introduce bill and show the necessity OF
another judge and will vote for H.
Mr.. DAVIS. will tell the senator from Missouri
how his plan works We in Massachusetts have some
little experience in this matter We have various courts
there-a supreme court, and court OF common pleas
To the judgessof the court OF common pleas we pay
salary Of 81 600 year believe, sir, that within the
last years that court has changed most OF lis mem
bers some two or three times, at salary OF w. 900 he
reason is probably this gentlemen OF some learning
and reputation esteemed 10 be necessary to s
upon that court; and perhaps. influenced by the consd
eaons suggested by the senator from Missouri they are
induced to accept an appointment OF that description upon
that bench They 60 there, perhaps, asthe gentle
suggests little atered with the honor and dignity
OF the station. But they very find sir, that the sal
their necessities demand and they resign. The conse
quence believes, has been that the members for some
years placed upon that bench are constantly passing
through revolution In other words, you cannot CON
mand that high degree OF learning and talent which is
necessary in order TO discharge the duties of that Office
and which i is thought desirable 10 obtain Tor tina, pur-
pose and you must descend until you can get gentlemen
whose services worth more than the $4,000 That
is the result TO which You brought in appointments
believe in Massachusetts, obtained good services at the
sum which has been paid men of high character men
OF suitable learning men in all respects qualified for the
stations which they have occupied
But, sir il must be borne in mind that within the last
fifteen twenty years there has been very great in
of business There has been great increase in
OF the time OF the Judge And thea there ~ another con-
sheraton which very important to be taken in
nexion with this. During that time there has been
great increase and necessary increase, OF expenditure
in The support OF family and, consequently the gen.
tleman who now holds that station under the pay
that was granted len or fifteen years ago is not upon
footing OF equality with the gentleman who then held il
His expenses are necessarily greater, while his salary
remains the same That is The condition OF things in
Massachusetts, sir; and have long learned that,
although we can command the talent aud services OF
gentlemen OF the bar, yet cannot by any obtain
10 highest court The services OF many whom we
should be glad 10 obtain | do not speak without some
knowledge upon this subject have had the means oil
knowing that the services Of gentlemen OF high character
aud IN large professional practice, could not be obtained
10 20 upon the first courts in Massachusetts.
The gentleman from Name mir BRADsURY] says that
there elements 10 be taken into consideration
an making up the salary agree to that, sir, but
tanly with some pretty important qualifications. know
very we'll that in the district OF New Hampshire there Is
nothing like the service performed that performed in
some OF The neighbong districts but at the same time,
is quite apparent, Mr. President that il there are but
few there TO be settled you should have OF the
requisite learning, the requisite talent and suitable dig
nifty OF character, and in every way well qualified to
decide those few he had many. The parties
who go into that court, although their number may mol
be great are as much interested in having a suitable
man upon the bench, and have much right 10 require
a suitable man there, as IT. their number legion
There is another circumstance which has been adj
verted to by the honorable senator from North Carroll
ma, tMr BADoER,l the working Of which has fallen
to some extent under my own observation, and have
seen It's Effects and that is when there ia inequality
created between the character OF the courts Of the Uni
ted States and the courts OF the State The honorable
member from South Carolina [Mr RHErrl says that a
OF this kind has fallen under his observation
There was PERIOD sir, when IL notorious that in
Stale OF this Union there constant struggle all
the time TO get into the courts OF the United States
Parties moved out OF the State into neghborng States
Tor the purpose OF gaining the requisite residence TO
enable them 10 go into the courts OF the United States
Well sir, that is the OF the statement made
by the senator from South Carolina and IL only proves
that whichever way you 90, IL you any consider
able inequality between the courts OF the United States
and the courts OF the States, this principle Immediately
SETS itself 10 work, and parties go into the better court
they where justice is best administered. where they
iee certain that the steady and uniform rules Of justice
will prevail.
II IL not very safe rule TO establish that because the
business is small the parties shall have small pay and
because the business is very great they shall have the pay
extended in proportion 10 the business.
There other matters aud other considerations which