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


REMARKS OF HON. JOHN LETCHER,
or VIRGINIA,
Delivered in the House Of Representatives. On he 7h Of .fgu
1852.
The bill to regulate the fees and be allowed clerks
marsha and attorneys Of the circuit and district courts OF
the United States and for other purposes, teing under
sideIation--
Mr. MEADE obtained the floor.
Mr.. LETCHER. viii my colleague give way for mo-
Mr.. MEADE. | presume that on the motion made by
the gentleman from New York, Mr. HAvEN,l il will still
be in order TO discuss the merits of the bill.
The SPEAKER. IL is in order.
Mr.. MEADE. II my friend desires the floor for the
purpose Of explanation, for short time, will yield it TO
MIR. LETcHER. desired, SIR, to have said something
upon the merits Of this BILL but shall abuse the in
dulgence which my colleague has extended me- by doing
at this time viii therefore conae myself altogether to
defence Of the officers my district who have been
very improperly arugned before this House. and severely
eensurcd by the distinguished chairman of the Judiciary
Committee only in the report time since pre-
sentcd but also his speech delivered Thursday last
In the report of the committee and the fourth and fifth
pages thereof specifications of abuses will be found
The fifth specification is in the following words:
5h. Proceedings for contempt OF court and for many
other things have been unnecessarily multiplied in some
districts. There in district at time less
than hundred and twenty-five prosecutions pending for
contempt Of court against seventeen persons for nonaend
ance witnesses being thirteen prosecutions against
each Of PERSONS and four against each Of the
other eleven persons and the whole thrown the
United States"
When this report printed, understanding that this
specification intended for the benefit of the clerk and
marshal of the district of Virginia. both Of whom
constituents of mine, wrote to these gentlemen
what the facts the referred to- which
complained of in this specification that might lay
them before the House. in order that their vndcaon from
the assault which had been made upon them might have
place upon the records of Congress-
Subsequently, when the bill up for consideration
the distinguished chairman of the Judiciary Committee,
the of his elaborate speech referred this spec
cation Of abuses, in these words:
"Alow me to call the attention Of the House to some OF
the abuses in the 'Old Dominion An inquiry was made
under resolution of this House, in January last directed
to the Secretary Of the Interior, What is the ppcce OF
issuing attachments for noattendance Of witnessesp In
the pestern district Of Virginia you will find this
things disclosed in the report of the Fret Comptroller Pro-
ceedmgs for contempt OF court have been unnecessarily null
ttpied which Of the of the increase of judi
cal expense. There the district, in the year S49
tme less than hundred and twenty pro-
secutions for contempt of court against persons
for Witnesses being thirteen
against each OF SIX PERSONS and four against
each of the Others The whole was thrown upon the
Treasury of the United States In the year 1885, the wit
in Virginia have been contumacous again
and you hnd cghythee proceedings against fourteen wit
nesses in one in which the clerks fees amounted
over $751; all of which charged TO the United States
besides the marshas fees for serving process each Of
these proceedings admit that il is necessary
issue attachments against witnesses for contempt the pro-
Of the courts, but fail strike any
singular feature of the administration of the laws
this district that the Government frequently called upon
to pay the costs of these proceedings attachments for
contempt"
Now sir the facts of this case SO loudly complained Of
these, and they known Conp,roers Office
when the Information furnished the Judiciary Com
mee, which forms the groundwork of this attack upon
of my constituents both of whom estmable gem
uemen. John d. Fenon indicted in the dis
tric Of Virginia. for robbing the mail upon thirteen different
occasions, and different witnesses relied upon esab
sh his guilt each instance The offences being thirteen
in number and committed different times, matter
Of course thirteen indictments found against him at the
succeeding term Of the court upon the testimony Of these
witnesses. The charges distinct they had beer
made against thirteen different The witnesses
summoned in each for the United Sates and the de-
fendsn in his behalf summoned his witnesses in each
of the thirteen number Of the witnesses failing
appear both sides the district attorney and the
for the Defence without consultation conniyance with
the clerk the marshal but nhe Just and proper discharge
Of the duty they owed TO the Government of the United
States the hand and the prisoner the other asked
for rules against these absent witnesses their
tendance the Of the court render sasfac
tory for their absence, failing TO do this, sub
e themselves to the fine which might be assessed upor
them These rules were issued by the clerk in exact con-
ormy with the rules Of practice that prevail in State
courts, and they served by the marshal Just the
same In the State courts would have been served by
the sheriff of the county These the facts, and wher
they understood submit the members Of this House
whether any abuse has occurred which be justly cen
sured They have acted strict accordance with the estab
shed rules Of practice which prevail IN our Saie courts
every Virginia lawyer well knows. They have done only
what ordered by the be done IN these
nno ths had not been DONE the witnesses could not b
held for their disregard Of the process Of the
The clerk issued these rules and the marshal executed them
these officers bound do, and claimed their fees
they had undoubed right do Can il be pretended
ua they acted improperly When the marshal hi
TO the Comptroller Office the charges for thes
services in IT, and explanations in regard to the item
demanded The attention Of the marshal and clerk thu
directed the matter, and they informed that th
accounts would not be passed upon until their explanation
should be received. Upon this application the explanation
furnished, and that xplanaon satisfactory. Th
allowed and after this lapse Of me and unde
these circumstances these officers held up befo
the country and grossly hbeed And in order to give pon
and force the libel portion Of those facts furnished
to the committee and TO the country, while others matena
to their vndcaon s,udousy concealed from the Judi
cary Committee.
This is all feel called upon to say have placed ,hes
gentlemen in proper position before this House, and
shisk hare satisfied the members that they have dom
nothing wrongno hing deserving Of Ii the Comp
oIler and his officers had furnished these facts the,
ought have done, such imputaons would have
found the report Of the committee in the speech
the able chairman and would have been relieved from
the necessity Of saying anything in yindicaton Of thes
gentlemen this occasion.
REMARKS ON THE SAME SUBJECT, ON THE
I0rH OF AUGUST
Mr. LETCHER said Mr.. Speaker, when | conclude
the remarks which design submit sha present TO th'
House motion refer the bill to the Committee OF thu
Whole the Of the Unon in order that IT may bt
fully considered in that mode which is tho only one,
far as know in which adequate justice be done e
NJ. IL il I In one on