The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-31

Nr DOUGLAS said:
r. pvFapTxr: can assure The Senate that have no
ostan 4 Ibis late hour 10 infiet upon them speech
gt ~ permitted however, 10 say few words n reply
~ ytrsordinary course of remark which has been IN
sai.c8 IN his evening by several senators
~ senator from Ohio Mr. CHASE has called Tie alien
n ~ senate and the country very emphatically 70
~ sri t1at on former occasion, he proposed as a.
apdmeni 10 this bill that the officers who py me terms
~ l are 10 he appointed by the Executive should be
a IN the people Of the Territories and, because bAs
Snen aid not prevail be argues that there Is lar-
~ Abandonment of the great principle Of se-goYefhAe
nan which the bill is founded have heard tins posleh
ken before and elsewhere with ihe view Of mpIesslhR
M eo1e OF the country with the idea that the n eo
~ radical defect involving departure from the great
fundamental principle which constitutes s chief character
|gae c..s .... ,
s s,,snen II the country The striking fact thai every
a. 4; ne Territories u Nebraska and Kansas which i
sl ana not national every Office the duties OF which are
atoria and not federal in their nature, is by the terms
f bin TO be filed BY the Peope 10 sueh manner as les
% prescribe through their representatives IN the terrific
legislatures In this class is embraced the great mass
m the udcia and ministerial officers of the Territories
true that there another class Of officers, very small
H. number not exceeding seven believe who charged
viii federal duties and consequently made responsible
h tb federal government This class Of officers includes
Me- governor secretary United States judges district
oney and marshal As the greater portion Of their dn
are federal and affect the interests OF the United States
m much higher degree than those Of the Territory it has
war been the practice pay their salaries from the
dma treasury and have their appointments emanae from
|hderal authority.
Th most important and delicate duties usually devols-
g upon the governor of Territory those relating
I'M management Of our Indian aairs-Inaking treaties
having snnues disbnrsing moneys and enforcing the in
couse laws with the different tribes The peace of the
un.ry and the safety OF the frontier settlements often de-
bend upon his prudence discretion and frmnes For the
tul performance of all these duties and indeed Of all
IOher Of federal character, he must in the fitness Of
@ be made responsible to the appropriate departments
h. rendered eeciual except by the power Of appointment
nd removal The secretary is the dsbursing officer Of
M federal government within the Territory and in con-
temptation Of law the agent of the Treasury Department
M ih,t purpose He is charged with the payment Of the
general and incidental expenses Of the Legislature and with
M rope application of all other MONEYS appropriated
TIE national treasury for expenditure in the Terrific
E Hence viii be observed that the secretary Of Ter
Eory il from the OF his duties United States
Su and local officer of the Territory For these
a0n the bill for the organization Of these Territories
Ees that the governor and secretary shal be appoint
g the President with the advice and consent Of the
sh the all other United States officers and in
disbursement Of the public funds shall be responsible
q The Treasury Department
Pursuing The train Of argument the senator from
complains that the Judges in these Territories are 10
appointed BIZ the President and Senate instead Of being
sea By the people Does not that senator well know
at the judges provided for by this bill United States
Edgi Does he not well know that judges Of the
ass in the State Of Ohio and every other State are G-
uied BY the President and Senate9 Does be not know
bat under he constitution of the Uniisd States you can
( refer the election Of United States judges in the differ
p States 10 the people OF those States knowing these
cts As every lawyer Of his rank should know them why
oud he make this point against the bil and In
ode calculated leave the impression upon the public
md THAI in this respect there Is departure from the rr-
pie which the bill rests
M CHASE VIII the senator from llinoS allow me 70
knuuPi him for moment2
sr DOUGLAS Certainly
M CHASE The judges Of the Territories have been
-. "a.
Fost and certainly they have been held by the Senate
not 10 be judges of the United States but 10 be a-
rled by the government for limited terms removable al
pleasure Of the President and therefore not eonsttu-
0na judges but simply legislative judges think the
f1AtOr Is very well aware Of that
NJ. DOUGLAS am very well aware OF what the sem
from Ohio alludes to- But when he speaks Of the ten
r their Offices whether they are strictly speaking
dgS under The constitution under ne law that does
reach the point which was arguing nor establish The
RgCton which he made They are United States Judges
)Vilhsianding their of ofce Whether they are
a under the law or judges under the constitution does
alter the fact that they United States judges They
charged with the performance of The duties conferred
hs different States upon the circuit and district courts
nc United States The jurisdiction conferred on then
hB 6 j. the same that u possessed 10 each n tht
1le d the Union by The circuit and district courts d
United States. Beng invested by the Lii With that
rsdicton, being charged with the performance Of ths
~ duties n the Territories performed hy the Uni
States judges in the States IL IL not proTr that teir
goiniment should emanats from the same authority
TIE argument Of the senator this point would require
A. teft should be change in the mode Of appointing
ea judges IN the States and that they should bc elected
No people Of the different States N the argument be
Nd when applied 10 the Territories Il Is equally valid a.
The States Wish the Senate also 10 bear in mind at
hi cOniCmplate other courts besides those established
y and the judges o. Gose Other courts to BE- sF-
ned IN such manner the legislative authority of thu
rories shall prescribe Judges az probate courts ius-
~ q the peace and All other judicial aud ministerial %
are 70 be appointed n such mode as the legislature
prescribe The Jurisdiction Of al these courts also il
= prescribed by the territorial legislature.
h senator also instances the marshal IL the Territories
beng appointed BY the President and senate and urges
Ac, a. sn ooyeciion 70 the bill ] need not renif
Ana we senate hs' the United States marshal in each
hs States o. the Union Is appointed by the President
senate in The same manaer as lie srsbals for tbe.
none The same Is true of The United States aitor-
~ . whose appointment be alec auuded
~ ~ - seen from these facts that the amendrDen,
X enaof EI revolutionary In is character not ius,i-
~ analogy in the States OF by the practice III tbe
tnmeni M any q IL departments or during any tr
~ osr history ! repeat that with The exception q
~ oHcers have named, all others-shsrifYs e.rs.a-
3shce Of the peaoe judges Of probate and an oter
saL ministerial and executive officers are 10 he ar
bta N Euch manner the people Of the Territories
oss iheir legislature shall direct This disposes en.
" President 90 not intend 10 notice in detail sbs Oh
Sons which have been made 10 the bill Thev hav,
= thoroughly examined heretofore that think the
n 9e ~ becoming well understood by the country.
fnrdoned, however FOR making brief reference u
tbe threats IN which several senators have ipsslrcd
Araa iSe supporters of the hill and the awful rsrsonsl
- n eggaenoe which, tbey tell MS are 10 follow
- e stnes o. 1850 are fresh in The rDcnorv of mos,
y onlT necessary to cast our minds hsfk 10 tba,
- u order 70 reooliect that VIC then htard ihe Eame
- nc same warnings, tbe same meanings from fbe
seutn Who are now attempting to fiqhten us ~ rt-
- sh1t tney Then said, bui failed 70 execute We
sa notice served upon TO-DAY that The crv n a,-
2 r@ound through The land. The same notice
SCI y 1860 Repeal was then eyeryuhere pro-
- NE Wafchword Of the sbolitionists ana IN con-
WIN y resistance 70 the execution N the lave vi
oly aavocafcA Nv thnse y boz rn.r.l.. - !,