The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-31
THE UNION WASHINGTON WEDNESDAY MORNING. MARCH 3D. 1852

ability 10 administer justice in the courts OF the United
States and IN order 10 do that the judges OF tie United
States should be paid high the Judges OF the States
so lar mink we ought TO 60 but am willing 10 go
no further.
Mr. BRADBURY. | think the position assumed by
the honorable senator from South Carolina Mr. RHErr
should be received with some mobilization. He makes
the salary OF the State judge the standard from which
he would not depart in liking the salary OF the district
Judge oil The United States courts admit that this 10
an important element in determining The salaries 10 be
celved but think il should not in all instances control
we all know that The tenure OF the ONCE ls different
In OF the States the OF Office is for period
oil years La instances the tenure oil ONCE IS very
short. while the tenure OF office OF the United States
Judge is Tor life, or during good behavior.
Another consideration is the amount oil duty thai rs 10
be performed In OF the States the duties OF the
State Judge exceedingly onerous, and therefore their
compensation is very high and perhaps IN some States
there would be small OF business for the dis
ct Judge In this il wonld be more than justice TO
The district judge 10 raise his salary as high as that OF
the State Judge In other instances the duties OF The
State judge might be comparatively light while those OF
the judges of the United States court would be exceed
ngly and this difference, think, is very i'm.
portant element in determining what is The proper COM
pensation. But do not consider that il would he ex-
acy sale TO prescribe that in all instances as the rule OF
liking The salary
Mr.. BADGER. agree in what has been said by the
honorable senator from South Carolina. Mr.. RHErT
think the positions he has laid down sound their
utmost extent; but beg TO add word or two in addi-
lion to what has been said, for the purpose OF further
illustrating the propriety OF The rule laid down. Now.
sir with regard 10 the judges OF the cour, oil appeal and
the supreme court OF New Hampshire, II understand The
matter Alright, the chief justice has salary oil fourteen
hundred dollars and his associates have salary OF Twelve
hundred
II must be recollected, Mr. President that the district
judge OF the United States sits court by himself so far
his tribunal is concerned and you depend entire
y upon his intelligence his law, his learning, his char
acer and his hrmness In the next place, he sits in the
circuit court with Judge OF the Supreme Court OF the
United States and there being but two Judges his opinion
is sufficient in that court to equal and to outweigh, so far
as arises an adjudication Of the court the opinion Of
sir upon the courts OF the United States renders pecu
arly important that these courts should be held by
eminent for ability and unquesonable in character
and the senator from South Carolina said the people
OF the Slate for whom they to administer justice
deeply interested in their possessing this qualification
put maj IS mol Inc circuit court OF the United States
in which the district Judge sits as one OF the judges
which the district Judge is competent to hold without the
judge OF the Supreme Court OF the United Staeswhch
by law (he judges Of the Supreme Court OF the United
States being authorized 10 omit OF Their circniis
he ordinarily holds without the assistance OF another
judgehat court, say. thus held, has special and par
tcular jurisdiction controversies between citizens of
other States and the citizens OF the State in which the
court is held, and is appointed under the constitution in
order 10 insure fair and impartial administration Of JUS
tice between citizens OF different States upon questions
which would otherwise fall under the cognizance OF the
State courts.
When we consider the high and important functions
which tins Judge has TO discharge, at that
ought TO have of the character described by the
honorable senator from South Carolina, MIR RHErT |
But that is not all. Mr. President. suppose that the
Judges OF the supreme court of New Hampshire divide
circuits and if one Of them commits an error il is an
easy matter TO bring that up for examination be-
fore the supreme court of New Hampshire. IL involves
little expense-it is done with and facility and |
presume, Also that cases foryery small be re-
examined in The supreme court OF that State Now, sir
how does stand with this district udge3 He holds now
may hold, and | suppose does hold, term OF the
court the year without the assistance OF the supreme
court WE'LL all civil cases his Judgment is ALSO
iuely CONCLUSIVE, unless the sublect-matter conro-
versy amounts 10 two thousand dollars, exclusive of
COSTS that here you have single judge who may rule
important controversies, not only involving important
principles, but also involving large amounts OF money,
without any means oil Determination of his adjudca-
lions. And, sir, when you examine Them why
know that IT il a matter OF expense and OF large
delay 10 bring writ error 10 the Supreme Court OF the
United States here for the purpose OF having that
animation But this does not present the whole difficulty
either. Mr.. President. When that Judge sits upon the
criminal suits OF bis court there is no appeatbee is
writ OF and he sits alone, he decides Tor good
evil every question, although ii may affect the persons,
the liberty, aud the lives Of the parties charged and
ragned before him Then the question arises, What
grade OF capacity and intellect do require think
with the senator from South Carolina, tina, The United
States should give such compensation as will enable
them TO select from the best and that compensation,
think in this clearly indicated being the
pensaon that is paid 10 the chief justice Of the supreme
court OF that State. The who is 10 exercise this
jurisdiction of great importance, and
yoying large amounts oil money, and OF which no
animation take place only here. and upon Cases
where the life and liberty of individuals stake who
Cnarkeu before OF OF
appeal ought to be entitled TO compensation equal to
that of the presiding judges of other courts.
Mr.. ATCHIS0N. ! was misunderstood by the senator
from South Carolina, [Mr RHrrr,l have no doubt al
all events, did not intend 10 say what the senator has
imputed 10 me saying. did not intend 10 say that
when there vacancy in the luigshp, crowd OF in.
competent presented themselves and made applica.
tons for the Office vacated but that crowd OF the
competent IN the State were applicants for the Office
OF Judge
Mr.. RHETT, (in his seat) Il is not so in South Car
olina
MIR. ATCHISON. That is what intended 10 say; and
il is true sir far my knowledge and experience
tends Why do men accept Office Why do they seek
office II must be for one OF two purposes: must be
on account of the fees which be attained in that Of
ce-or is account OF the honor which that station
confers Now, sir, am not one Of those who readily
beleveallhough have great confidence in patriotism,
and know that do possess it-but am not read.
y impressed with the opinion that candidate Tor the
Office of constable for the Office OF sheriff seeks that
office for the purpose Of being honored by that office.
think is for the profit oil the office Ii never, sir
tered into my mind that candidate would present himself
and resort 10 all possible procure the office
Of pure observation-disclosures he desires TO the
people OF his district township think that the sena-
Tor IRON South Carolina Mr.. RHrrTl the senator from
New Hampshire Mr. HALE,l and the senator from North
Carolina, Mr. BADSrR,l will agree with me in this prop
ostion
Now SIR the Office Of the President OF the United States
with the patronage, the power, aud the station which
that Office affords, and perhaps that OF senator OF the
United States a member Of the House Of Representa-
lives are sought for on account OF the name which il con-
ers and the fame which the seekers imagine that they
will acquire But Mr. President, there hundreds Of
men, and thousands OF men, who have filled The Offices
of this government that never would have had their