The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-09
A SACRED DEBT-PAY THE JUDGES

a OAOhED DLDI-Ih1 1hE oODNLo'
From the NJ Y. Sun.
Nothing is more essential to the protection
of the rights of the people than an indepen-
dent judiciary; and to have an Independent
judiciary the judges must be well paid, so
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 certain-at least that
they be not liable to reduction; then the
judges know what to calculate upon.
Our fathers, who were wise men, under
stood this matter, as they seem to have un-
derstood 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, at
stated times receive for their services a COM
pensation which shall not be diminished
during their continuance in Office" The
Judges of the Supreme Court of the United
States have accepted their offices under this
pledge; and the faith of the Government
the faith of the whole people through the
Government--stands pledged to its mainte-
nance. Has it been fulfilled?
If man promises to pay thousand gold
| dollars, and he pays instead thousand
| pewter dollars, does he fulfil his promise
| You might as we'll ask whether if a man
| IL
! thousand cents instead, he has fulfilled his
| promise. Whether it be an individual or q
| Government, it is all the same in point of
principle.
Now, our Government went into operati on
on a specie basis, the salaries of the Judges
were fixed on a 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
| To ha Nat a at "a
currency has been palmed off on these vener-
able men in payment OF their stinted salaries,
and in lieu of the gold and silver which they
had right to receive.
This is plain violation of the Constitu-
ton. 1t is q principle of law, and of equity
too, that wrong shall not be perpetrated
by doing that indirectly which cannot be
done directly. The salaries of the Associate
Justices of the Supreme Court are fixed by
law at six thousand dollars, and the Oonstitu
ton, as we have already shown, provides
that these salaries of the Judges ''shall mo-
be diminished during their continuance il
office" When they were fixed, specie wal
the basis. The people, through the Govern
ment, contracted TO rsy the Associate Jus
tices of the Supreme Court each six thousand
dollars in specie. That was the legal con
struction of the contract. Now what differ
enee does il make whether, in the face of thii
constitutional prohibition, of this positiv,
stipulation, you compel the Judges to accep
two thousand dollars instead of six, or com
pei them to accept deprecated currency
worth only one-third the amount of specie
. Is it not, in substance and effect, one anG
the same thing? And yet the Judges have
been paid for years in a currency which a
one time fell as low as three dollars to one il
gold, or only one-third the value Of specie.
/ Will any one contend, in the face Of these
facts. that the constitutional I1rOVigiOn hal
not been violated that the salaries of the
Judges have not been diminished during
their continuance in Officer" And will no
Congress make amends for this injustice
Will they not repair the wrong by passing al
act providing that the deficiency shall b,
made up, and that the arrearages due th,
Judges in consequence of their having re