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

can be added bat that which is adopted cannot be
Mr. UNDERWOOD Then. should be glad 10 have
division OF the question, so 10 take the question
upon striking out
out and insert BY the rules of the Senate is dysibe
Mr. UNDERWOOD. | should be very glad TO have
the gentleman from Indiana modify his amendment
TO have the question s taken upon striking out that part
which requires the appointment be made for four years
should ike TO have these clerks appointed officers OF
the army and navy are appointed. Thus shall get
clear OF The objection that we are making mere politi.
cal machine OF IT. and creating patronage II will
AVOID this struggle every ioar years, II that should be
stricken oni and hope it may be done.
Mr. HALE. only rise TO suggest TO the senator from
Kentucky that he will allow this to be adopted in com
mitee, when II comes into the Senate strike out
as he desires suppose he will have no objection to
that.
Mr.. UNDERWOOD. Very well, sir; that will do.
Mr., RUSk. shall vote against the whole OF these
amendments irrespective of their merits or dement's
We are engaged upon bill regulating the fees OF officers
We not fixing according to my estimate OF The mat
ter, either the tenure OF office or the manner OF appoint
ment When that subject comes up. II ought to De sepa-
raey considered We endeavorng to correct great
abuse in regard TO the fees OF office; and when we take
up the question OF the increase OF executive patronage,
we can act upon that subject
The qusstion being taken upon the amendment to the
The question required upon the amendment OF Mr..
WALKER.
Mr. HALE. do not intend TO make speech, but to
say that shall vote against the amendment on the
ground suggested by the senator from Texas although
am in favor OF the proposition contained in the amend.
ment While am upon the floor, want to say that
differ from everybody else who has spoken here in the
expression OF such great confidence In Judges. think
they are made up Of human nature and have seen as
much OF II in judges as in most men. | have as little
confidence Judges as have in members OF Congress,
and rather less. wanted TO express this because il IS
80 fashionable 10 express much confidence in judges
tell you that these situations for seventy years, or for
life change the of their opinions at They
watching, and have very little confidence in them.
Mr.. BAYARD. move substitute for the amend.
ment OF the senator from Wisconsin, or rather an amend
ment to his amendment, which varies il in two respects
One is that it makes II prospective entirely; and the
other Isl that does not prevent man from retaining
the Office OF clerk because relative has been appointed
Judge am opposed 10 the amendment OF the honorable
senator from Wisconsin, unless those provisions
changed am willing TO vote upon the general princi-
pie, imbodied in the substitute have offered. move
to strike out all after the enacing clause, apd insert these
words
"That circuit or district court shall hereafter appoint
any ineal relation collateral relative, by blood
riage, of any Judge thereof, within the third degree
The amendment to the amendment was rejected and
The question required on the original amendment OF Mr.
WALKER.
The question being taken by yeas and nays upon that
resuted-yeas 10, nays 36-as follows:
YEAS-Messrs. Borand, Brodhead. Cass Chase, Davis
FeIch, Hamn. Housloa, James Jones OF Tennessee Sew
NAYS-Messrs. Adams, Atchson, Badger. Bayard Bell.
Bradbury, Bright Brooke, Bu,er Charlton, Cooper, Daw
iaic Hunter, Jones of Iowa, Mallory, Mangum, Mason,
Morton, Morris Petit P,aa, Phelps, Rusk, Sebastian,
So the amendment was rejected
Mr.. UNDERWOOD. wish to read little portion Of
The bill, and 10 ask question for information as II may
be necessary to offer an amendment The bill reads, on
page 81, line 2ll:
"No district attorney, MARSHAL clerk de putes
shall receive any other greater compe nsation for any
services rendered by him than is provided in this act"
And in the latter part of the paragraph we find
that ii be shall
"Demsnd or receive any other or greater fees than those
allowed in ts act he SHALL conviction thereof any
of the United States, forfeit and pay fine
ceeding $500, and be imprisoned not exceeding six
months"
am afraid sir. for the clerk Of the court of this Dis
lrict, and should very much regret 10 him in the
in Jail. wish, therefore, 10 ask this
question: it the intention OF committee that report
ed The bill to repeal all the laws which allow fees in the
courts OF this District, in the administration of decedenls
estates, in the settlement of guardians accounts in re-
cordng deeds and conyeyances and in fact for any part
Of the local business which pertains to the State ursdc
lion proper exclusive of those matters which pertain to
The administration of the affairs OF the general govern
ment You perceive that the district here, and The
circuit courts here, embrace all the civil and criminal
Matters all the business in connexion with heritage,
which in the States belong to the State courts besides
courts of the United States This bill does not grant fees
lo ,eryices of that kind; and want to know whether
his bill is intended 10 repeal the laws authorizing fees
Tor such services in this District
Mr. BRADBURY. II the senator had commenced |
eading few lines before those which he did read he
would have found these words "f any officer herenbe
ore mentioned or his deputy, shall by reason By color
'f his ohce willfuy and conupty demand and receive
,iher greater fees" he shall be liable to the penalty
lad supposed that the BILL prepared in the House. had
eference TO fees of officers in the United States
courts within the States; but. the from Ken
lucky has observed there are various services rendered
~ the clerk OF the circuit court in this District which
would not be specifically provided for by the bill il
stands, although think he could receive adequate
compensation under 1t Hence ii that the honorable
senator from North Carolina Mr.. BADoERl is, believe
about 10 propose amendment to restrict the bill 10 4
courts within the States hope that will be satisfactory
o the senator from Kentucky.
Mr. BADGER | intended al the proper moment 10
suggest an amendment OF that kind The bill, as it is
amed does not, according TO the strcness of its Ian
,uage, exclude the courts OF this District manifesty, il
ought to exclude them.
Mr.. BUTLER 1t was so understood by the Commit
zee on the Judiciary.
Mr. BADGER Certainly il was bat since the bin /
ION given a, the Comptroer's Office will include the
onrts OF this District PROPOSE therefore, to insert in
he first section OF the bill, after the words United
states courts" where they first occur the words ex
ept The courts OF the District Of Columbia"
Mr. GEYER. would suggest that the object would
e better accomplished by inserting after the word print
rs" in the first section, the words within the several
states"
Mr.. BADGER. As my friend from Missouri is much
more accurate in pbraseoogy than am, and bis is brief.
.. to get at the object will to amend the bill by
Inserting in the first section after the word "prntes"
he words within the several States !" so that the bill
hall read
:" In lieu Of the compensation allowed by law at
orueys, solicitors and proctos in the United States courts
I'd circuit courts marshas. witnesses, jurors, commits
ioners and printers within the several States the follow
ng, and no other compensation, shall be taxed and al
owed