The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-17
1 hope the Senate will moi adopt

Tins SIMPLE think that The clerk OF The court
ought TO be substantially under the direction OF the judge
Ihihe performance OF his dates. can imagine nothing
more dsagreeable, and sometimes detrimental 10
the public interest," than disagreement between The Judge
ana Inc clerk doubt whether there is any member OF
this Senate who has been fortunate 10 be up
ON The bench, who would be willing 10 return 10 the
bench II he 10 have his clerk independent OF hun,
and with whom he might possibly be upon dsag,eeaple
terms, without the power say the clerk make that
entry aud II he does mol make It TO dismiss nun IRON
the Office, and lei the Judge be responsible think The
Judge should have power in that way lhink the Judge
should be the appointing power and especially that he
should be the appointing power IN preference 10 he rfes
dent OF the United States believe that we should in
rOduce much mischief and much confusion into the
judicial system by making this change and therefore
hope that we shall retain The system as il H.
Mr.. BRIGHT Mr. President, the remarks which
have fallen the honorable senator from North Caro-
lima and the honorable senator from Illinois indicate that
they both attach degree of perecably the general
conduct OF judges OF the circuit and district courts OF the
United States that they would TO the general conduct
OF judges OF the circuit and inferior courts of the States of
this Union In most OF the States clerks elected by
the people, and subject removal by the Stat OF
the court proposed by the honorable from lii
nois, Mr. DouGLAsl mean not the slightest disrespect
10 any branch of the judiciary known the laws of the
country, nor do think any fairly be implied by Of
ering this amendment hope that have quite as high
an estimate Of their honesty and purity OF purpose
either Of those honorable senators.
was not the first to propose amendment TO the bill
under consideration. ! willing 10 take this part OF
the bill it from The committee; but when the
honorable senator from Wisconsin moved amendment
w-ctizens because they related by lies OF
guiny to the Judges in whom the appointing power is
now vested by law objects and, with hope OF making
my objection effective offer amendment that has Tor
its object the establishment OF the same mode and manner
OF appointing clerks in the circuit and district of
the United States that govern the selection of enths
OF all the important offices OF the federal government
Now. is there anything wrong in this! Is there anything
unreasonable in ihis' But the honorable senator from
North Carolina says II is increasing the patronage OF the
Executives it muplies the number OF already numer-
applicants for it, that it subjects senators and repre-
sentaves to further annoyance of friends mportunng
for Office. All this true, Mr. President, certain
extent " Executive patronage is increased" 1t could
not be otherwise. But where can the power be more
wisely and safely placed than with the President, sub
ject approval or dsapprova by the Senate! Would
you think quite safe 10 trust this power 10 two
of State, sent here by the expressed will OF
legislative body chosen by The people, as to delegate the
power to judge appointed by this President aud
ratified by the Senate think The office of mar
shall in the federal courts is not important in any
respect, lucrative, generally speaking that OF
clerks in these courts and yet all in each OF the States
nominated and confirmed as proposed by the amend
ment under consideration.
AS to the other objection urged by the honorable sena
from North Carolina, have only 10 say the annoy
ances he speaks OF by political friends incidental
public lfe they in part the price those who wear
honors; they 90 toward making up that entire whole
which is embraced in the public duties of every public /
man and then again, that which would be regarded
annoyance BY would not be so regarded by another
For myself, am happily so constituted that my reasona
BILE friends cannot annoy
But again, charged with preference for this
amendment because The incoming admnstralOn Is demo-
cratic and the effect OF will be to swell that crowd oil
oficeseeking friends described by the honorable senator
from North Carolina. can the honorable senator
that in this he does injustice Under the state
of facts should have offered the amendment 1t
immateria who, what party, may have the patronage
to besiow. II is principle that am conlendng Tor,
Influenced by sach considerations the senator sug
gess True have my political preferences. and would
at any time rather publish than conceal them. believe
that right in the opinions profess, and do not deny
those Of the same faith From the Supreme Cour, down
have made il rule TO prefer those who OF the
political principles with myself; but in this connex
ion | beg TO be understood egslating with
view create Offices, altering the mode OF filling
those already created III order 10 increase The patronage
OF triumphant party. The humble part ! act here is
governed by considerations infinitely beyond and above
the mere question OF who fills all ofhce
One word more in reference to the amendments. am
not dissatisfied with the bill stands, al least with
the section under consideration; but II the Senate de-
termine alter 1t, think the amendment have offered
better than that offered by the honorable senator from
Mr. BADGER. The honorable senator from Indiana
has spoken of perfection which he says was arb-
uled 10 the circuit Judges OF The United States by the
aor from Illinois and myself. Sir, heard nothing from
the senator from Illinois which attributed perfection TO
anybody and It is very certain that neither said nor
intended to say anything that attributed perfection 10
anybody. And therefore suppose that the honorable
from Indiana, being unable 10 meet fairly what
was said, thought proper 10 substitute proposition which
had not been uttered which no man was unreasonable
enough TO ulie and which to refuie because
nobody maintained IT, do not precisely suppose that there
ia any exact perfection in any human beiDg-n Judges
oil the circuit courts of the United Sates judges OF
the circuit courts OF the States.
But the honorable senator says that the clerks OF the
courts OF the States in many, and perhaps
instances, appointed by the Judge of the circuit
court. bat by the people Very well, SIR, suppose that
they When you give this appointing power 10 the
people, you refer ii 10 the original, primitive, and
egn authority OF the nation, OF the State When you
depose the power there, each OF these public servants
draws his commission and receives his Official lille from
the same ultimate source, have, at all events.
right complain of the depose OF the power, however
may think II is not ludlcously made But
such il not the here-not al all You propose to
take the appointment from The judge the proper public
by whom is exerted and has been
under system, and TO give il to the President Of the
United States. That is the object OF the amendment
Unless be shown that the functionary TO whom II
proposed to give this power is better qualified TO exert
than the funclonary from whom proposed TO be
taken the proposition untenabe one The senator
says attributed 10 him the purpose OF increasing execu
tive patronage. | did not say so although must con-
Tess that doubt whether the honorable senator would
have submitted the proposition if the condition and
try and the incoming administration different from
what they Not that | suppose the honorable
senator il conscious would willingly yield to any in
fuence of that kind but still, as do attribute per-
lection To the Judges of these courts neither do TO the
honorable senator himself; and all likely to be
swayed by considerations OF that kind without being dis
tnc,y sensible Of them, willingly yielding TO them.
As for the remark of the about Judge OF the
Supreme Court of the United States submit TO the good
taste and decency OF The Senate OF the United States.
have NO reply to make tot
Mr. BRADBURY | appeal to the senators who are
desrous OF passing this bill that they will not insist upon
ther amendments ia The