2d Session. No. 48. CLERKS OF THE FEDERAL COURTS. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, IN ANSWER TO A resolution of the House of 16th instant, relative to the clerks of the federal courts and the marshal of the district of North Carolina. JANUARY 21, 1867.-Referred to the Committee on the Judiciary and ordered to be printed. To the House of Representatives: I herewith communicate a report from the Secretary of the Interior, in answer to a resolution of the House of Representatives of the 16th instant, in relation to the clerks of the federal courts and the marshal of the United States for the district of North Carolina. WASHINGTON, D. C., January 19, 1867. ANDREW JOHNSON. DEPARTMENT OF THE INTERIOR, Washington, D. C., January 19, 1867. SIR: In reply to the resolution adopted by the House of Representatives on the 16th instant, in relation to the rooms provided for the clerks of the federal courts for the district of North Carolina, the legislation necessary to secure the records of those courts, and the entire compensation of the marshal and clerks of the district during the last year, I have the honor to report that no accommodations of that character have been furnished by the department at the public charge, as the "necessary expense" of the office of a clerk of a court of the United States are payable out of the emoluments of the office. The following extract from the instructions issued in 1857 by the department, and still remaining in force, furnishes the rule on this subject, which, it is believed, is warranted by a just construction of the act of February 26, 1853, (Stat. at Large, vol. 10, p. 161 :) 66 Clerks have frequently requested that offices be provided and furnished for them at the expense of the United States; but such applications have gen erally been refused, the rule being to allow office accommodations when, at particular places or in large cities, the government is compelled, on account of the large amount of business transacted, to make provision for the courts by renting or erecting buildings, and rooms can be spared without inconvenience or additional expense, but not otherwise." The circuit court of the United States for the district of North Carolina is held at Raleigh, where accommodations are furnished to the courts free of rent. That district was, by an act approved April 29, 1802, (2 Id., p. 162,) divided into three districts, and the district courts directed to be holden therein have the same power, jurisdiction, and authority as are vested by law in the district courts of the United States. The district courts sit at Edenton, Newbern, and Wilmington. There is but one judge; but each court has a clerk, who is required to reside and keep the records of his office at the place where the court is holden. At Edenton the courts are holden in the county court-house, free of charge: at Newbern accommodations are furnished by the quartermaster, by order of the Secretary of War; and at Wilmington the courts are holden in the United States building which is appropriated to other public purposes, and where, it is presumed, apartments are furnished to the clerk. It appears from the above statement that the government, except, perhaps. in relation to the courts held in Wilmington, has made no provision for the accommodation of the clerks, or the safe-keeping and security of the records and archives committed to their custody. The same remark will, however, apply to every other district court of the United States which is not held in a building belonging to the United States, or rented for the use of the courts, where rooms can, without additional expense, be appropriated as a clerk's office. The clerk in such cases provides his office, and the records of the court are often depos ited in buildings not fire-proof nor affording adequate security for their preser vation. I have referred to the subject in my annual report, and expressed an opinion. to which I still adhere, that provision should be made for the courts of the United States and the officers therewith connected, in buildings specially adapted to the purpose, and owned by the government. A very limited amount of business is transacted in the federal courts for North Carolina, and Congress must determine whether the necessities of the service and the public convenience require that the existing arrangement in relation to the courts in that district shall remain unchanged. The accompanying report from the First Comptroller of the Treasury furnishes a reply to that part of the resolution which refers to the compensation of the marshal and clerks of the courts. I have the honor to be, very respectfully, your obedient servant, The PRESIDENT of the United States. O. H. BROWNING, Secretary. TREASURY DEPARTMENT, First ComptroLLER'S OFFICE, SIR: Herewith I return the copy of the resolution adopted by the House of Representatives on the 16th instant, requesting you to furnish certain informa tion respecting the officers of the United States courts in North Carolina; and in compliance with your request, have to state that during the year the entire compensation of the clerks of said courts, so far as the same can be ascertained from the accounts which have passed through this office, was as follows: Clerk of the United States circuit court. ... $55 00 40 75 77.95 The accounts of the marshal were received here this morning for the fall terms 1865, and spring terms 1866-none others have been rendered-and the fees charged by him amount to $505 16, out of which his deputies are to be paid. He receives, in addition to fees, a salary of $400 a year. Very respectfully, your obedient servant. Hon. O. H. BROWNING, Secretary of the Interior. R. W. TAYLER, |