The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-17

haps be carrying his principle too far. | think il would
be better 70 modify his amendment so as to have read
. no lDeai her" That would be better, think.
Mr.. ADAMS. | do not think we have any right 10
dIi,anf1ss Ra nRrpy ssy PORTION Of our el,zens
ment and hope it will not be agreed to.
Mr.. BUTLER. Let US have a vote.
Mr. WALKER. When offered this amendment |
had no intention OF saying word ufon but, as II has
met with considerable opposition, will ask leave TO say
lew words, and TO show what has brought about The
presen, state Oh
Mr. SEWARD Before The honorable senator pro.
ceeds further, would suggest 10 him that he might OBJ
tain more favor for his amendment il be will restrict It's
operation 10 some near relations of the judge--fo IN
stance The son or brother"
4 Mr. WALKER will modify my amendment that
| it will read t4
Andh IL tmiAer enacted. That hereafter shall not
be lawini for any circuit district Judge Of the United
States 10 appoint continue in olce directly indirect
y, any son or brother OF such judge as clerk Q. deputy
Mr. BRIGHT would suggest to the honorable
ao to make his amendment include brother, nephew,
broher,ln-law, 4, ~ 70, Or soniin-law
Mr. WALKER. | have modified my amendment in
accordance with the suggestion of the honorable senator
from New York. LMr SEwnD,l as 10 operate in ref
erence to the brothers of judges. Now, what
has poduced the great amount OF abuses complained oi
is this practlce and speak from knowledge OF one case
when say what do say son, other relation of the
Judge, is appointed clerk and becomes then the interest
OF the Judge certify as large amoun OF fees as he
sbly can, and not render himself subject TO impeachment
This has been done and 10 my knowledge, and has been
complained OF in the locality where the court SITS and il
will continue to be complained OF unless put an end
| 10 the practice IN some way will say nothing more
about this amendment present. bat will call for The yeas
and nays upon II. tod H'
Mr. MALLORY. 4 trust this amendment will not be
adopted II is based upon the presumption that the very
you select as the choicest men OF your bar through
out the United States peculiarly fitted for that office
possessed OF the requisite qualifications for Judges
will the very moment you put them in abuse them for
their base purposes lam told that they have already
done Ii so, the exceptions which they constitute to
the rule have been few place the Judiciary Of this
country above repToach Now, would not put IN this
bill direct charge upon the judiciary OF this county,
the charge OF using their high Offices Tor purposes OF self
interest Why, sir ii it be their aim make bargains
and contracts with their clerks and marshas, would they
much prefer to have stranger than one OF Their own
relaions But in the other view OF the case, II they
wish have the business of the country done properly,
could they control other relative in the direct
path OF integrity more than a strangers hope this
amendment will not be passed
4 Mr.. BRADBURY The bill, if left 10 stand as it now
is will correct almost all the abuses TO which the hon
orabe senator from Wisconsin Mr. WALKERl alIudes.
But fear that amendment of this character, legisa-
ting certain persons out o office TO which they have been
appointed for a long period, and dsquaying certain
class of persons from holding Office would lead to That
diversity of opinion in the other house which might de-
feat this bill Now, can assure the honorable senator
from Wisconsin that the bill now stands will reach
most of the abuses 10 which he Objects hope, there
fore, he will not leopard the whole bill by pressing an
amendment OF this kind
Mr.. WALKER do not think this amendment will
leopard this bill, which certainly do not wish 10 do
On the contrary think il will strengthen it. | know
this matter has been much complained OF in the Stale
which have the honor 10 part TO represent; and feel
il TO be my duty towards the people OF Wisconsin press
this amendment now Whatever the honorable senator
from Florida lMr MALLoRYl may say about this being a
direct charge upon the Judiciary OF this country he can
not claim that not liable 10 have appointed to the
bench men whose avarce and cupdlty are great as
ha, OF any other class OF in the world not mean
this charge, direct or indirect against The judiciary
Ii this be indirect charge. is not this whole bill
charge against the udiciaIy for the judiciary is made
up OF Judges clerks narsbas, and attorneys and here
you have general bill 10 deprive them of the power 10
Ila tha bHla pNad ma n
them now do And yet, when we propose 10 remove a
further objection, is camorousy asserted that we are
nsnuatng charge against the immaculate purity of the
judiciary. Now, know that there must be human ma
tue IN the breast OF The Jsdge well when upon the
bench before; and can improperly whatever
in drpriving him OF the ability to consummate abuses
that do consummae, as the complaints testify.
ask the yeas and nays upon my amendment.
The yeas and nays were accordingly ordered
| MIR. UNDERWOOD am not willing 10 introduce a
new principle IN our government-tha OF disquaifying
men from holding office because they related to
others, and making degree OF consangunity new test
in the conferring OF office. The constitution iorbds the
test In regard TO relationship and consangunliy
Now, am not willing 10 do any such thing. Suppose
that a rst-rae clerk is in ofhceone against whom nc
objection be made shall that fact prohibit any OF hi.
relations within the degrees OF consangunlty mentioned
from becoming Jadge OF that dstrictI Should you
promote his relation to that Office according TO this amend
men as soon as be came into Office he would have tc
dismiss that good clerk. Now, that IS new state o
things that object to.
making speech against this amendment; and will only
say that think it is introducing new principle which
think ought not TO be tolerated
Mr.. SEWARD. | shall vote for this amendment. anC
at the time must say that think the fault lies IL
the system OF these appointments. The Judges ought no
TO he invested with the power OF appointing their clerks
for, directly or Indirectly they are likely TO be personally
interested in the emoluments of the clerks. hos
Judges ought 10 have their salaries fixed al Just and
sonabe sum and not be dependent upoa the advantage
they may enjoy from appointing clerks those who MAJ
be their relations or friends.
wish 10 stale briefly what know upon this subject
In the State OF New York Chancellor Kent held the OF
hce OF chancellor He was pure ever lived
His brother register from the time he apponieI
until he ceased to be chancellor In the southern disc
OF New York. Judge Belts appointed Justice, and hi
brother made clerk OF the court, and became rct
before he retired from that Office leaving Judge Be
there. is clerk of the district court now, ans
son-in-law, told. is clerk OF the circuit court
Then, IN the northern district Of New York, OF h,
ate district Judge and yet ~, clerk OF that court IL
the district OF Michigan, the Judge, who is an exceen
man. and with salary which too low has his son 10
his clerk, who, believe has salary exceeding that
the Judge In The State of New Jersey son OF the dis
tric Judge is the clerk Of the court Massachusetts,
~ the same thing And in all these cases perhaps, hs
judges get too little salary and the clerks too much,
out oil The two the Judge IS obliged, fairly or otherwise
some how or oher TO get compensation not more than h
ought TO have The fees OF the clerks too large,
The salaries OF the Judges too small, and thus this sys
tenn OF nepotsm, which comparatively harmless vice
this, and Is introduced into the judiciary the very braaci
where II never ought TO be found | shall vote for thu
amendment though wish il struck deeper, and cut VI
the evil at the root
Mr. WALKER. | wish to say one word in reply tc
the honorable senator from Kentucky, lMr UNprR