The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-25

ChAngc-Iha attempt
cary system of the country which has been IN existence
for than half century and with the exception
planned of has worked wehs consolidation of every thing
IN the hands Of the Federal Government in utter disregard
of the rights, interests and usages Of the State govern
mens much simpler, and speoder, and mode of
forming the abuses which complained Of should
have occurred TO the chairman and TO the other
bers OF the Judiciary Committee in their consultations
this subject II is Prescott Hall who has been guilty of all
these mpropetes and who is the district attorney in
the State of New York. He is the who has charged
for everything is his charges which constitute the official
misconduct 80 loudly and justly condemned by my col
league and the chairman He who has charged, my
colleague says for the motion TO adjourn for dinner and yet
ne still kept In the Office Of district attorney Well now,
what the remedy, Mr. Prescott HALF What would
strike any sensible the remedy Would il not be,
that the President of the United States should him
OF Office and put into his place who would act fairly,
justly and IN accordance with the awi That strikes me-
an better safer and speedy emcdy for the
evil complained OF. When safe and certain remedy
at hand why attempt to upurn the whole Judiciary sys-
tenn of the United Sates' Why attempt establish
rules of practice for the hrtyone States of the Unon'
Well sir, howis it IN regard to the State of Massachu-
sesa The very remedy will the abuses there
IL you will turn out the guilty parties and select others
who are men of character and standing to fill the Offices,
men who will act fairly and justly toward the United Staes
men who will faithfully discharge their duties and up
the requirements of the law who will charge only for their
services what the law fairly construed allows to tbem and
who will be disposed reform these abuses and reduce tn
expenses to something like reasonable amount shall
have practical reform without rsng the evils which this
bill will visit upon the nation.
these charges, to which have REFEREED certified by
the judges cerreci So that it single officer who
has been guilty of mafeasance, but is owing to defect
in the system.
My colleague says that only mentioned two
cases Why, could not mention more than or two
cases IN an hours speech They legion These abuses
are not confined to isolated nstances but if you will and
consult the books of the Comptroller you will find that these
abuses are LEGION and grow out of the SYSTEM and not
abuse Of the system by particular individuals and it is to
the system that we wish to apply the remedy.
Mr.. LETCHER. Then il is very remarkable, if there
are egons of abuses, my colleague maintains that he
and the chairman of the Judiciary Committee should
hne themselves TO the four five instances of abuses
braced in their speeches and the report Why have not
they furnished with those instances of abuses
Why has not the Comptroller of the Treasury furnished
us with those instances which my colleague says
berless on the files of that Department. Here few
instances confined almost exclusively the States of New
York and Massachusetts,, and upon those the whole
argument from the commencement of this debate the
present time, has been rested by the chairman of the
mee and by my colleague.
But there another part of the explanation just given by
my colleague, which is worthy of little
He undertakes defend Mr. Prescott Hall, and these other
officers who have been charged with these abuses from the
mputaiions cast upon them by the Comptroller by saying
that 1t is the judges who to bame that they the
who have violated the law and that there mode
reaching them except hy the operation of the committees
bill Now grant, If you please, that in the instances
referred TO in this reporn New York and Massachusetts,
these judges have acted improperly does follow therefore
that every other Judge IN the thuyone States Of this Union
Is unpuncped and corrupt and that they and oil
TO be nssailed and back-baled by the passage Of bill
like hisi Why cir, this bill is assault from beginning
end upon Federal judiciary Of the United States
They not TO be allowed to certify
and things which in their Their certi6-
Gates In regard to things that have occurred in their
courts TO be disceded by those in the Comptroes
Office who cannot possibly have knowledge of the facts
who have information of the any of
the items OF costs, except that knowledge and norma-
on is derived from the filed and verified by the
certificates of the Judges.
Now, sir, is it not extraordinary fact worthy the
serious consideration Of this House. that these gentlemen
strike out ali the checks which present exist and which
have been devised by those who have preceded u.s.
best and only means of preventing abusess IL judge OF
United States court is not familiar with the facts which
ranspre in his own court and under his Immediate per-
sonal observation, who, in the Of God is familiar
with them How can Comptroller Whittlesey or his
clerks know anything about these facts Ii utterly
possible that they should know them; and yet SIR these
gentlemen grayey propose to all the checks
yided and refer these matters the Comptroller and his
clerks, who have sort Of knowledge regard the
justice of the various items which embraced in the
counts certified by the judge to him for consideration and
allowance. This alone is itself very important and
serious say insupeabe objection the passage
this bill You only libel the Federal judges in the United
States but you actually deny TO them knowledge Of what
in their You refuse give crcdence
and respect their certificates although they the only
officers of the law who cognzant OF the facts and who
furnish certificates that be relied to establish the
Mr.. MEADE. Do understand my colleague as justify:
| ing these fee bis'
i Mr.. LETCHER Let me inform nv colleague that am
not young enough TO be caught in that way have
little service although not perhaps much my col
league but still soft enough to be entrapped by
questions Of that sort. Laughter.
Mr.. MEADE. Well, answer my question-yes
Mr.. LETCHER. My colleague, throughout this debate,
has adopted regular awyer-lke mode OF argument and
bis question with that mode OF Argument
He has found That the only ground which he rely
with hope Of TO carry this bill through the House
is present and keep before the members these three
OF abuse which strenuousy insisted upon in the
report OF the committee, and which form the staple OF
all the speeches in favor OF this monstrous bill
But SIR look OF It's provisions. My colleague
undertook justify oil the provisions Of the BILL and insists
that is the only remedy for the evils complained Of If
correctly understand his positions. Well SIR what is one
| OF the first Of those provisionsi
| Mr.. MEADE. voted against some Of them in the
committee, | will inform my colleague.
| Mr.. LETCHER. ! am glad to hear il, and hope my
colleague will vote against the whole bill here.
Mr.. MEADE NotataL shall vote for the whole Of il.
Mr.. LETCHER. Now here is of the provisions OF
this bill ask the House to examine il carefully and
sidepey and whether there is any proprety
sity for adopting such provision-a provision likely
tce. IL is follows;
"Whenevcr there shall be several charges against
ans person persons for the Transaction for
two transactions connected together for
Two or MORE TRANSACTIONS Of the
CRIMES on OFFENCES which may be properly joined instead
Of having several indictments the whole may be Joined
indictment in separate and n
,ns shall be found in such cases. the may order
them consolidated
GHere message in writing from the President OF the
United Satcs received by the hands of MnLARp p.
FmLmoss, ESQ, his private secretaryl
f-~~