The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-10-27

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I gssyssHrSaEDR. oetossf 1xs The. MsrylRNd
EclectiU n-uasts WerBspr acsedeti with I'D The
lSupreme Court eostsslys The following Il
lanoatine OF the tsiefie = 8, A.
General Bradley a. Johnaon made very
able argumerlt.s In the course Oh his re-
NM aJus,iea iii der: General Johnson,
do You think chat Congress, in the exercise
OF fes power to make d uniform system OF
bankruptcy, could confer on the courts The
righcfto appoint assignees:in bankruptcy ?
Central Johnson: Undoubtedly. The
assignee in bankruptcy wasa sort OF vice.
Judge, He prepared business for the dis
erict: Judge. He was an anxiIiary in the eX-
ercise OF The judicial fun ction, and therefore
the. courts alone could appoint such an Of
fcer. sA. !.
Mr. Justice Harlan .GeneraI johnson,
according to your view, could courts be au-
thorized to pppoint their clerks
General Johnson: or a certainty. i The
clerks but the hand Of she court. He is
the ink-bottle, thepen, and the paper Of the
court, and no one else. can select him.
Mr. Justice Miller :rCan the President
appoint niarshals OF the courts -
General Johnson: The functions OF mar.
shals are twOiold. so far as he is the OF.
ficersbf the court, to execute the mandate
OF the court, he must be appointed by the
court. So far,as sis executive officer, to
obey the orders OF the President and his
chiefs, to enforce the revenue laws, the
| foreign treaties, the laws regulating COM
tmerce, or any functions pertaining to the
ExecEtive.t he must derive his authority
| from the Executive, InasDuch as bis du-
IN, . ain ho "a M
pointed by the Executive; :, but this court
can at any time dispiace him, as far as exc
cution OF its mandates go, and appoint as
many marshals rs it pleases to preserve its
authority. The proof is that IL the marshal
appointed by the President disobeys the
court the court will imprison him and ap-
point an officer who will obey it.
| Mr.. Justice Harlan: Could the Congress
authorize the Attorney.Ge or the De-
partment Of Justice to appoint clerks OF
courts and marshals?
| General johnson: Congress cannot au-
thoriZe the Department of Justice or any
other department OF the Executive Depart
ment OF the Government TO appoint clerks
Of courts, under the decision in Hennen's
case, 13 Peters. They pertain to the judi
cial department, and can only be appointed
by courts. 1t may appoint marshals to
execute laws. The radical and fatal
vice in the appointment of supervi-
sors by courts is that the superyi-
sors report all their proceedings 10 the
House OF Representatives. The Judi
cial department OF Government there
by is made to interfere with and mingle
with the duties Of the Legislative depart
ment. The action OF the appointees OF the
judges tends to make or unmake members
4 af 10 I'M 6aT,n rf-
| ment will be joined with and sympathize
with the legislative department in its effort
to perpetuate itself, or else it will antago-
nize it. They will become too friendly or
else too hostile. They ought to be and they
must be preserved independent, neither
sympathizing for or against, so as to pre-.
serve the balance in the Government.
Therefore it is that these supervisors OF
elections Of members OF Congress cannot be
appointed by the Circuit Courts.
Adjourned until Monday at II O'Clock.