The daily union., 1854-01-04

IRON Ohio OF both parties IN the other House, who desire
the passage OF this bill and there also large portos
OF the bar In Ohio who desire lis passage la my 1udg
ment The passage Of this bill will result large
omy to the government will illustrate that by reference
70 recent very well known suit mean the Martha
Washington casewhere witnesses residing for the most
part IN the city OF Cincinnati all be summoned
lend court at Columbus Finally the against the
government mostly because s generally supposed of
the difficulty OF having those witnesses ia attendance
This bill Is demanded bv the public interests it is de-
nanded BY the wishes OF the people; it is demanded by
those who concerned IN the administration OF Justice
Il is desired by majority of the delegation from Ohio
In the other House concured in by both of the SEN
atofs from that States and therefore hope will be al
Mr.. BADGER | fear that the state of facis brought
TO the attention OF the Senate by the honorable gene
man IRON Ohio Mr. ChAsE1 proves, not that ought
now 10 pass this bill without its undergoing le snpevs
ion OF committee, but that acted the last session
too much under the influence Of faith, without particu
lar inquiry into the character OF the which
were passing Now. SIR do nt think that the provision
OF the bill TO which object one OF that local character
which should be left 10 be settled an affair OF their
own BY the Ohio delegation--yery far from il. The
judges OF the United States in Ohio are appointed ia less
Tor the benefit Of the citizens OF Ohio than for the benefit
OF the ciuzsns Of other States. Tkey are Judges OF
The nation they hold courts take cognizance OF pleas
between Cilzens OF other States and the citizens OF Ohio
We Of other States look up those judges especially for
that administration OF justice which it supposed by
the trainers OF the constitution we might not expect 10
obtain from the local courts Of the State To say then
that the constitutional regulations Of the courts of the
United States to be held in individual States, are to be
treated matter of local interest and consideration to
be settled solely accordno the OF those represent
ing Sales the people Of the States in which those
courts are held, is 10 introduce principle entirely at
oss upS as T's s sSss
as wrong in principle; it Is the commencement of a
system OF restrictions by law upon the Judges of
the United States, which might turn out to be OF
most mschieyous character. IL 10 matter OF no i'm
p0ance 10 the senators where the Judge should reside
in what part OF his district he should reside provided he
is always al the place where the courts 10 be held
liz hnctn acpSf
is all that is required of him If the duties OF his Office
require him to be all the time where the courts are to
be held why. sir, the manifest propriety and convent
if the duties Of bis Office be well discharged by
his living ten, ffteen twenty, thirty miles from the
town or city where his court is held. pray you what
imposing upon the judge by law particular locality
place OF residence think such restriction is wrong
ia principle The gentlemen from Ohio may be willing
to put such restraint upon their local judges Very
well let them impose such restraint if they think
proper to do upon their own local judges but upon
the Judges OF the United States who appointed main
tor the benefit OF the citizens Of other States How
ever, do not wish 20 into discussion OF this matter
at this time merely wish to say having discovered this
provision OF the bill, that to it should be
subjected TO the revision OF the COMMITTEES twill take
Mr. CHASE. There is not majority Of the Commit
tee on the Judiciary present. to
MIR. BADGER There will be majority OF the com
miitee here tomorrow. Three members OF the commit
already present, and the honorable senator from
Delaware. mr. BAYARp,l who is member of il. will
be here Tomorrow. think is really WORTH while 10
have the committee consider matter of such general ia-
pOrtance. ttts ,t
Mr. PRATT The feature OF the bill objected 10 does
mot apply 70 ~ me ao a%ea, oo 70 hs Ssson k; 70 o The
reported TO the Senate, the President of the United
States will have The whole State Of Ohio from which TO
make selection OF judge. who. when selected, how
will be obliged TO reside in Cincinnati where the
court is 10 be held. ..
Mr.. CHASE. Or at Cleveland
Mr. PRATT: Yes, sir, or al Cleveland be is to re-
side either at Cincinnati al Cleveland. where the courts
TO be held. That will be the only effect Of this bill
as II now stands apprehend that the feature which is
objected to is one which will prove to be beneficial
Now, supposlng would be sufficiently incon for
the person to whom the appointment rendered to re-
side in the place where the should be held to pre-
vent his acceptance OF the jndgeshp nigh, also be
as 10 prevent him IRON attending the court
at all times when the interests OF the public would re-
qure his attendance hope, therefore, that the obec-
uon urged against this provision will prevent lis in.
corporation ~ this bill. have the executive view OF
this question in favor OF this provision for, in recent
appointment in my own State, know that the late
President OF the United States, Mr. Fillmore, made il
consideration precedent hat the parties who aipl-
canis tor the situation OF judge should agree 10 reside
at the city OF Baltimore, where the court was held
Now. myself Individually think that was right
know, IN regard 10 my own district, that there was
business occurring there almost every day which
required the attendance OF the Judge. and he would
not, for he could not, be efficient a Judge ii be
resided twenty or thirty miles from the place where the
courts were held, who resided there know that
the President Of toe United States required tba, the party
should accept the udgeshp with the agreement that he
would reside AT the place where the court was held
which, ~ the case have referred to, the city OF
Baltimore. That requirement grew out OF the necessity
OF the caseou OF the fact that heretofore, where Judges
in Maryland had accepted JUDICIAL positions, and had
sided at distance from Baltimore, the place of holding
the court, they were not so attentive the people
thought the public interests required them be- In that
the President OF the United States. without author
ny OF law attempted TO carry out this very provision
which has been introduced into this bill IL no other
objection be made to this provision than the one al
ready urged, can necessity for. utility in,
fering the bill TO the Committee on the Jedicary com
posed as IL now u.s. almost precisely the last
session, when this identical bill was reported by them
MIR. BADGER. was aware OF the particular form OF
the provision in this bill, and did not suppose that
contained anything directory 10 the Presden but in
ferred that IL would reduce the range OF selection for
Judges TO the cities OF Cincinnati and Cleveland because
Il Is not TO be conceived, imagine, that gentlemen of
such legal attanments ought TO be possessed by per-
sons who hold those Offices would remove to those
cities for the very meagre compensation that the bill pro-
poses TO give them.
Now, with regard TO the propneiy OF this provision
here are one or two other OF H. in which it should
be considered Suppose the provision is retained in the
bill and the Judge after his appointment does reside
where the court ~ held what is your remedy, VII
you him. impcach himl Very well say that ii
Judge does not discharge his duly in the CONT then
mpeach hin, and ,ha, you do under the taw as II
how s without this provision BY this proyision you
lure him to reside where the held. and II be does
not reside there you have power to ooerce him. except
o impeach him, which power you can now employ with
,ut this provision should he fail to discharge his duty in
,our
Mr. PRATT Every one knows the great dificully
hat always in OF impeachment for breach
,f duty You have to file your proof before the egela
ure, the proper authority before which the ipexch