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

which hope may be done for the reason that lhink
there is something unfair and illbera in the test pro
posed 10 be made by that amendment Ii looks TO me
like disiranchising great portion OF the communal
That, think, would be unfair Therefore, propose un-
der the circumstances, 10 offer the following an amend
ment, II The one now pending shall be voted down.
Ind BE- further enacted That hereafter all clerks OF
the circuit and district courts OF the Unred States shall be
appointed by the Pesiden, Of the United States, by
with the advice and consent OF the Senate"
Mr.. SEWARD That is right; hope that amend
ment may be agreed TO-
Mr., BRIGHT | no why these officers
should not be appointed by the President and confirmed
by the Senate, as mars6als are under our existing
laws. As far emoluments and responsibility
cerned the Office OF clerk is important, if not more
SO, than the Office OF marshal
Mr. BAYARD, also purpose to offer amendment
somewhat similar 10 the amendment OF the honorable
senator from Wisconsin, Mr.. WALKER,l if his amend
men is voted down. do not agree TO the indicated
by the honorable senator from indiana Mr.. BRlGHr
The reason why assent 10 the principle OF the amend
men OF the honorable senator from Wisconsin, is this
you conhde, by law, the power OF appointing the clerks
OF your courts TO the judges the assumption, and
think sound oae that the duties of clerks. being pc
knowledge which The judge is best competent superyse
and they also require such degree and pecuariiy OF
intellectual power on the part of the clerk renders
proper that the appointing and controlling power over that
officer should be in the haads of the Judge The reason
why think the principle of the amendment of the honor
able senator from Wisconsin should be applied s, that
The Judges hold their offices during life good behavior
and there ought TO be restriction upon their appointing
power which it is not necessary apply to the appointing
power conferred upon the President of the United States
as they are responsible TO The Judges and In the OF
the President such responsibility does not attach such
an extent am therefore, in favor OF the principle OF
the amendment Of the honorable senator from Wisconsin,
but am opposed 10 It's action upon existing do
not, when pass general law, wish to reflect upon the
conduct OF any class oil without giving them op
portuniy 10 be heard. The abuses in the cases that
exist must be few in number TO which this amendment
would apply, and they will soon die out
The object lhave in view is general legislation, and
Tor the future. am willing TO vote for amendment
| containing this principle, with the
power OF Judges in future appointments OF clerks taking
into consideration that the term Of the judges tenure is
during life good behavior The amendment which l
propose TO offer at the proper time is as follows:
And be ii further enacted That circuit district
court shall hereafter appoint neal relation coatea
relative by blood or marriage, to any Judge thereof within
| the third degree.
think that will entirely all future appointments by
proper restrictions upon the appointing power OF an officer
who holds oce during e or good behavior, which re-
strctons not necessary in the exercise OF the appoint
ing power conferred upon the President and do think
that we ought TO guard against the natural nhrmy OF
human nature and when that is done, believe that the
Judge the proper person TO select the clerk OF The court
over which be presdes Were il not for that should
be favor of the amendment OF the honorable senator
| from Indiana shall offer my amendment if the amend
OF the senator from Wisconsin is voted down,
less be will accept OF mine substitute for the one he
/ Mr. WALKER ] could not do that, unless the hon
orable senator would insert the words ''or TO continue
| in ohce," SO as 10 reach existing abuses.
Mr. BAfARD. l cannot do that; wish my amend
ment TO be prospective.
| Mr. ADAMS should not have opened my mouth
upon this amendment OF the senator from Wisconsin, If
the vote had been taken upon when first offered with
out debate. Bui there seems 10 be now many ndlca-
tons favorable to It's ADOPTION that cannot suffer 10
able senator from Kentucky lMr UNDrRwooDj was per
feclly right in his aluon comparison OF this PROPOSE
ton TO religious test Now what is proposed TO be
done in this free country To establish test OF quali
cation for office Now what are the duties Of clerk
OF courts He has no judicial power he is mere reg
OF the decrees the orders and the judgments of the
court-the same Secretary here the register OF
the proceedings OF this body. Heretofore it has been
supposed right and proper Tor the presiding Judge, mas
much II was not convenient Tor him 10 enter his own
judgments, 10 select individual 10 do Tor him. But
proposed that certain class OF persons shall
be disanchs sed and disqualified for receiving that ap-
pontmen' And for what grave offence Why, SIR, for
the odous crime OF being related TO the presiding Judge
in way other. Now is that offence Tor which
individual should be disqualified by the laws OF the
United States from holding certain office IL has not
been considered heretofore. III abuses have existed
under the present appointing power, then change it, But
you give TO the Judge who renders the judgment the
power OF selecting individual 10 register his DEGREES,
then give it 10 him untrammelled Iesnct him not by
prohibiting The appointment OIL any individual reiaed 10
him
think this egislalng men out OF Office, or this at
tempt 10 do soor they now bold their offices for life
is least OF doubtful constitutional power. And while
the Office remains they having received il Tor life, in my
humble Judgment which could pass here could
remove them from that office AT best could only
pass act that would be prospective in its operation
and then, what power has this government TO say
mitted TO hold any station under the laws of their
ry-any Office within the gift either OF the people the
constituted authorities OF this county Where do you
get the power thus TO dsfranchise any class oil ind
yduas iron holding this Office account OF their rela-
onship to the presiding Judge, account oil their being
4 within certain specified degrees OF consang unity 10 him
What power have we 10 dsfraDchse them at ALL unless
il be for crime \ ! know that If shall have commit
ted crimes, and is convicted thereof may then dis
qualify him from holding office Of any kind The Sen
ate, passing upon the Impeachment, Of any officer, may
under the constitution dsquay him from holding office
But the fact that man happens TO be related 10 The pre-
siding Judge OF court not such crime confers upon
Congress the power to dstranchse him, TO dsqualify
him from holding Office
Il Mr.. UNDERWOOD obtained the floor
Il Mr.. BRADBURY. Will the honorable senator from
Kentucky allow me TO make one suggestion
ii MIR. UNDERWOOD | will occupy the attention oil
i the Senate but a few moments.
II shall favor the amendment OF the honorable senator
from Indiana Mr.. BRlcHr am decidedly aganst-foi
the which have already advanced, and those
also well advanced by the honorable senator from Ms
sisspp, Mr ADAMsl-the introducing OF test OF rela-
onshp regard TO this any other otce and especi
ally as the honorable senator from Wisconsin [Nlr
WALKgal wishes 10 apply it. He does not object to The
manner in which the clerk in Office may discharge
his duty-by ohiecting TO that bu, II is the am
clerk in office may be the very best clerk IN the
whole country performing every duty with the utmost
propety and honesty. still II he happens 10 be tainted
with this relationship 10 the Judge 10 have hm turned
out of Office. Now, cannot sanction principle OF tna
kind an any way But allow me TO remark, 90 ior the
principle of the amendment OF The honorable senator
IRON Indiana am much against nepotlsm as is the
have no eatve the world that know OF whoisa clerk
he by these