The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-22

OF any associate Judge OF any State because an ASSOCIATE
judge has the assistance OF his associates and OF the chief
justice, while the district judge, sitting alone in the cir
cult court be obliged 10 do every year.
sariy has responsibility far greater than Judge OF any
| Mr. HALE Mr. President, want to make another
suggestion. | know this judge, and know something
about The amount OF business be has to do and agree IN
everything the honorable senator from Georgia has sta
ted but ! want 10 make another suggestion, which
hope will strike the honorable senator from Arkansas as
having force and being entitled TO consldeTa
ton. The honorable senator should remember that bos
ton is situated in the immediate vicinity OF Bunker HILL
Lexington and Concord, and that the people there have
got old fashoned notions in their heads with refer
the fugtves slave law, which this Judge has TO
accommodate himself TO- in these localities. think that
this additional class OF cases takes so much time that this
increase OF compensation should be paid TO hun for that
il for nothing else think object 10 allowing
this additional compensation, when we remember his I'll
ais last summer in that class OF cases alone hope this
consideration will be sufficient to induce the honorable
senator from Arkansas to forbear any further opposition
| 10 this increase OF salary
| Mr.. BORLAND. The less said upon that subject the
better have nothing TO say, except that think con-
siiiuies very poor claim upon the favorable consdera-
ton OF Congress that this judge is charged, the sena
tor from New Hampshire says with the execution adj
mnislration OF the fugitive-save law, in view OF The
manner in which that law has been executed But
will not pursue that subject, sir.
am willing, in view of all the circumstances TO vote
put this judge upon the same footing with the associate
justices OF the supreme court OF Massachusetts, as
voted to put the district judge OF the State OF New Hamp
shire upon the footing with the associate justices OF
the supreme court OF that State. know very WELL SIR
that the bill passed giving the same compensation with
the chief justice in that State but voted Tor the other
sum, and shall do so in this case. | will therefore
move, il be in order, strike the words 've hun
dred SO that the salary shall be three thousand dollars
instead OF three thousand five hundred dollars"
Mr.. BERRlEN. hope that amendment will not pre-
vail The object is, as said TO put the judge upon the
same footing with the district Judge OF New York
The question being taken upon the amendment, upon
division there were-ayes IL, noes not counted; SO It
was not agreed 10.
The bill was then reported TO the Senate, and the cues
ton was stated upon ordering il 10 be engrossed Tor
| Mr.. ADAMS. Mr. President, before The vote is ia
ken, wish TO make single remark upon the sugges-
ton OF the honorable senator from Georgia Mr. BIER
REM with regard to the question submitted TO the Ser
ate on former occasion, that it not the determine
ton OF the Senate 10 allow the same compensation TO the
Judges of the district court HAT is allowed the other
Judges OF the grade in the State courts II is true
sir, that some senators voted upon that principle; there
are others, however, who did not. There others
who voted upon The principle OF allowing reasonable
compensation TO the officers of the government regardless
of what the State might pay for similar services my
self believe that to be the correct principle, and that
there should not be rivalry between this government and
the Stale governments in paying money 10 their oi-
GERS This government should look higher than such
considerations. and pay reasonable and fair compensa-
on for the services rendered by lis oces and no more
far the compensation allowed TO officers by the States
Tor particular services is an index to show what is
reasonable compensation, so lar | am willing 10 go,
and no further. think, sir, that twenty-five hundred
dollars for such Stale as Massachusetts, where living
OF all the duties that federal judge is capable Of per
forming The amount and the number of brought
before him is no, mailer which should enter into a
consideration OF the compensation for the judge he
presumed to occupy his whole time either in the discharge
of his duties or in qualifying himself to discharge those
duties His compensation should be fixed with reference
TO his occupying his whole time in the discharge OF his
duties. think the amount he receives, 81, $780, is
fair compensation for the district Judge in Massachusetts,
or any other State and upon that account shall vote
Mr. BUTLER. Mr. President, it was no, my intention
TO say anything at all upon this subject day We have
the subject before the Committee on the Judiciary at this
| time and one OF the members OF that commiee-the
honorable senator IRON Maine [Mr BRADBuRyl-has il
specially in charge; and endeavofiag -aiihough
do not know that attain the object en,rely-to
have these salaries of the different district judges regua
ted according the amount Of business in their courts
not OF those who would be willing by the amount
OF compensation paid 10 any federal Judge, 10 indicate that
his dignity should in any wise be regarded as superior
1a, Of state Judge nor can we Leguae Or
will mention at this time the case OF the Judge in Forl
da, at Key West who has more business TO dol will
answer for itthan all the State judges in Florida and his
kind OF duty requires his continual attention. The
chants in Boston, New York, Baltimore, and Philadel
phia. and pretty much all the cities on The Atlantic coast
salary II will have 10 be done, or he viii! be obliged 10
resign. 1t will have 10 be increased beyond that OF the
State judges.
Neither Mr. President, will the rule operate WE'LL so
far as regards Louisiana In louisiana particularly in
one districts would be wrong to bring The salary OF the
district Judge up 50 a. to s make i equal to the salary
1
$4,000. There two district Judges in Loosana-ied
era judges-and cannot consent that their salary should
be made equal TO that OF the State judges We cannot lay
down any uniform rule which will apply in all cases ln
the States of New Hampshire, Vermont, and other
States Of this kind, there very little business for the
federal Judge TO do; and yet, if we give him the office
we must give him enough 10 enable him TO live. | do
not think in these the federal Judge should re-
ceIve as much as the State Judges and they should not
If had my will about the matter There crcum.
stances which must regulate all these matters. for this
subject cannot be governed By any arbitrary rule you
cannot lay down any arbitrary rule upon this subject by
law. great deal of extraneous matter has been con-
nected with the consideration OF this question: whether
1t is correct rule that The federal judges should re
ceiye no than the Stale judges. II cannot in all
cases be regulated by that rule | will say 10 my friend
from Arkansas that | apprehend the business OF New
York. Boston, and Florida, particularly of Boston and
time than all the business put together 10 the State OF Ar
| kansas.
In the maritime cases. suppose that judges have MOTH
ing to do and they the very class of that
quire The continual attention and responsibility OF the
judges in Boston and New York.
As regards the aluson OF the from New Hamp
shire Mr. HALEl TO there being increase OF business
oil peculiar character which justies an increased
pensaiioD | do not exactly understand what he was
talking about; and therefore have nothing TO say in
ply.
Mr.. B0RLAND desire to say, in two or three words,
that my objection 10 putting the salary OF federal judges
above that OF the State judges OF the same class IS two.
fold. In the first place, II Is economical For the pur
pose OF ascertainng the proper compensation under the
circumstances IN which the Judge has 10 live, confess
cannot conceive OF any standard which is proper and
reliable the amount OF salary which the State govern.
ments pay. With all the circumstances which immedi.
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