Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-12-13

cannot, on account OF the positions tney &C. |
cupy, engage in any other profession or avoca-
ton. The preservation and perpetuity OF our
most valued institutions depend, TO great ex-
tent on the purity, frmness and Independence
of the judiciary, and these qualities should be
nurtured and encouraged.
Much ambiguity exists In the act OF 1858 as
to the discretionary power of the Secretary OF
the Interior over the expenditures of judicial
officers, and for judicial purposes In several
instances, judges have presented, for allow
ance, bills for law books purchased by them,
which were disallowed. The district attorneys
have frequently asked that Offices and furni-
ture be provided for them, which has generally
been refused, the rule being to allow office &C
commodations when, at particular places or IN
large cities, the Government is compelled TO
make provision for the courts by renting build
ings, and rooms can be spared without neon
venience, but not otherwise. In other cases,
marshals have exceeded the limit prescribed by
the statute, in the purchase of furniture, where
the assent Of the Secretary of the Interior is
made a condition precedent to the expendi-
ture, and the Department has refused to allow
such accounts on the ground that the prerequi-
site approval had not been obtained, and IT was
doubted whether he then had the power to lega-
lie an act manifestly illegal. In all such cases,
it has been contended by intelligent and ex-
perienced jurists and lawyers, that such allow
ances are proper, and that the power has been
conferred on the Department, and they feel ag-
grieved that it is not exercised. Not disposed,
in the slightest degree, to wrong men whose
opinions are entitled to so much weight, hope
Congress viii, in the next appropriation for the
expenses Of the United States courts, indicate
their opinion on the point in issue, and relieve
it of all doubt in the future.
Some time after / entered upon the dis
charge of my duties, observed that many In
quests were held in the city by the coroner,
and found that the sum of $4,000 had, within
the last four years, been drawn from the
treasury to defray the expenses. Believing
these expenditures to be unauthorized by law,
sought the advice of the Attorney General,
who, in an elaborate opinion, having concurred
with me, all further payments were discon-
tinued.
In June, 1853 on the question being pre-
sented on appeal, was of opinion that the
clerk of the United States courts in this Dis
trict was, by the 18th paragraph of the act of
l842, obliged, as other clerks, to make report
of his fees and emoluments, embracing those
of the criminal court. AS a contrary view had
been taken by one of his predecessors, sub
United the question to the Attorney General,
the conclusion that such was his duty. From
his reports, since made, after making large
allowance for expenses, his fees and. emolu-
ments in the five years ending the 3lst of De
cember last were $29,9S6 AS, being an excess
OF $l2,486 48 over the ma ximum allowed by
law, which will be refunded. There is not
even plausible pretext for his being made a
solitary exception to rule applying to the
clerks of all the other United States courts.
BY existing laws, the costs of all criminal
complaints made before the magist rates of this
District, whether the complaint is ustained or
not, are paid by the general government. This
item, for the last fiscal year, amour ted TO up
wards of $l0,5O0. The power should surely
be conferred upon the magist rate or court to
compel the complainant to pay the costs in all
cases where the magistrate or court may deem
the prosecution unfounded, frivolous, or ma
licious. This may be the means of preventing
the institution of many prosecutions in which
the public have no interest.
The judicial expenses of the United States
are largely on the increase. To some extent,
this is natural, and many causes contribute to
IT. but some exist which seem to be unncces-
sary, and should therefore be removed. A pre-
eminent one is believed to be, the great mum
Der OF terms AID places at which courts are
held.
Two hundr ed and twenty-three terms Of the
United Stat es courts Exclusive Of the Terrific
ries) are held in lightweight different places
during Q ach year. In the western district Of
Virginia, courts are held at six different places;
IN the, northern district Of New York, at eight;
IN California, at six; in. Louisiana, at six; and
In Florida, at five. 1t is well to inquire whether
tie judicial business transacted just6es the ex-
pense in these and other instances. Were there
but one or two places only, in each State, for
holding the United States courts, there would
be many obvious reasons in favor Of construct
ing suitable buildings at those points for their
exclusive use, so as to make them entirely in
dependent of the State, county, or other local
authorities; such buildings, and everything con-
nected with the federal courts, being assimi-
lated, as nearly as practicable, TO those of the
State courts
The accompanying report from the First
Comptroller Of the Treasury contains sugges-
tons on this and other kindred subjects, which,
emanating from such a source, deserve, and
will no doubt receive, the proper consideration
Of Congress.
In pursuance of the separate resolutions of
the two houses of Congress passed at the last
session, the Superintendent Of the Census has
prepared, with much labor and ability, Com
pendulum OF the Seventh Census; and the re-
quired number of copies is ready for delivery.
This has nearly exhausted the appropriation
for census purposes, small amount only re-
manning unexpended. The matters to which
his attention was directed being completed, the
Superintendent has rendered his resignation,
to take effect in the course Of the present
month, and the Office has been discontinued.
! Many public improvements are required in
the District Of Columbia, which can be con-
structed at this time without the expenditure
being seriously felt by the treasury. In such
q city, certain objects Of magnitude are 10 be
accomplished, which are beyond the reach of
the citizens alone. Nothing can be lost by ex-
hibiting generous spirit of liberality, the
more especially where important interests Of
the government are thereby promoted.
The erection Of fire-proof buildings is abso-
lntely necessary for the safety and security as
wen as the convenience and accommodation Of
the Stale, War; Navy, and Interior Depart
ments. No city can be more exposed than
this to FIRE, and none are in possession Of fewer
means to extinguish it. When there is such
n surplua living dormant in the treaaurv What