The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-03-08
A Sacred Debt-Pay the Judges.

Sacred Debt-Pay the Judges.
Nothing is more essential to the protection
Of the rights of tho people than an indie.
pendent judiciary; aud to have an indepen-
dent judiciary the Judges must be well paid,
no that they have no occasion TO look outside
Of their salaries for the supply of their pecu-
mary wants. 1t is also necessary that their
salaries be fixed and cartain-at least that
they be not liable TO reduction; then the
Judges know what TO calculate upon.
Our fathers, who were wise men. under.
Ftood this matter, as they seem TO have un.
dersood almost everything pertaining to the
true principles Of government. They accord.
ingly provided, in the Constitution of the
United States, that "the Judges, both of
the supreme and inferior Courts, shall hold
their Offices during good behavior, and shall,
ut stated timcs, receive for their Services n
compensation, which shall not be dimin.
ished during their continuance in Office"
The Judges Of the Supreme Court of the
United States have accepted their Offices un
der this pledge and the faith of the Govern.
ment--the faith Of the whole people through
The Governmcnt-siauds pledged to its main
tenance. Has it been fulfilled?
II man promises to pay thousand gold
dollars, and he pays instead n thousand
PEWTER dollars, does he fulfil his promise?
You might us well ask Whether, if man
promises to pay thousand dollars and pays
thousand cents instead, he has fulfilled his
promise. Whether it be an individual or
Government, ii is all the same in point of
yrinciple.
Now, our Government went into operation
on specie basis, the salaries of the Judges
we're fixed on q specie basis, and when the
older members of the present Court accepted
their places on the bench, nothing but a
specie basis Of payment was supposed pos.
sible ever to be adopcd. Yet a deprecated
currency has been palmcd of on these vcner.
able men in payment Of their stintcd salaries,
and in lieu of tie gold and silver which
they had right TO receive.
THIS is plain violation of the Constitu
lion. II is n principle of law, and of equity
too that u wrong shHll not be perpetratcd
by doing that indirectly which cannot he
done directly. The salaries of the Associate
Justices of the Supreme Court are fixed by
law at six thousand dollars and the Consti.
tution-as we have already shown-providcs
that these salaries of the Judges Shall not
be diminished during their continuance in
office" When they were fixed, specie was
the bass. The people, through the Gov
ernment, contracted to pay tho Associ.
ate Justices Of the Supreme Court, each,
six thousand dollars year in specie.
That was the legal construction of the con.
tract. Now what difference does it make
whether in the face Of this constitutional
prohibition, of this positive stipulation, you
compel the Judges TO accept two thou.
sand dollars instead of six, or compel them
to accept deprecated currency, worth only
onothird the amount of sprcicy Is ii not, in
substance and effect, one and the same thing?
And yet the Judges have been paid, for years.
In n currency which, at one time, ftll rs low
as three dollars to one in gold or only one
third the value OF specie
Will any one contend in tho face of these
facts, that the constitutional provision las
not been violated? that the salaries of the
Judges have not been diminished during
their continuance in office? Aud will not
Congress make amends for this injustice
Will they not repair the wrong by passing
an act providing that the deficiency shall be
made up, and that the arrearagcs due the
Judges in consequence of their having re
ceived their salaries in a deprecated currency
shall be promptly paid to them2
Congressman have taken good care to raise
their own pay-as indeed, pay in all branches
of labor has been rnised--rnd to make it
proportionate to the depreciation in the cur
rencyj but never thought have they given
to the patient, laborious useful Judges. Yet
Congrcssmcn arc not debarrod from other
lucrative occupations, as the Judges are. If
they are lawyers, they may still practise their
profession; but this is forbidden by law,
and very properly, to the Judges. At the
Fame time, the salaries of the Judges, con
sidering their eminent talents and learning,
are very small. Many lawyer receives, in
n single case, fees amounting to as much as
the aggregate sum of Judges salary for
five years.
Look AT the learned, excellent old GREER,
MS he could he seen one year ago, when his
body was too feeble to walk alone, tottering,
supported by II man, to and from the court
his mind still clear-aud remember that he
adhered too long TO his laborious duties on
the bench bccausc honest and poor he had
Lecn cheated out Of half his honest salary
Look at NtLsON--we shah not look upon
his like again -Gfer ho Las spent half cen
fury OF ind fat gable labor in MOLLY admin
lS'nnp just &c to others, shall tins pitiful in
justice be done to him?
But isnot alone by psying the Judges in
q deprecated currency that their salar.,s
have been diminished aud the Constitution