Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-16


payment OF the nine thousand dollars was in open
violation of law. We rpin resume this subject.
MIR. N0URSE, flo
The late register, has published his letter to the
Secretary OF the Treasury.in which he sets up a
claim for commission Oft and half per cent
on the disbursement, OF the contingent fund accom-
panied by the legal opinion of Mr.. Jones' This let.
ter is followed by Abatement of aconversation with
the President, in which the latter is made 10 refer
to the certificate which Mr.. Nourse gave about
the billiard Table 1t is an act Of charity to believe
that Mr.. Nourse. whose professions OF pie,y would
De outraged by II, has not sanctioned this state
ment. Ii is untrue. The claim for commission is
an aiter-thought MIR. Nourse admitted himself
to be detaulter, and il we correctly informed,
he has been so for many years. That Gen. Jones
should persuade others that it is right, or even
lawful, to take two and a half per cent. commits
sion, IL natural enough.
In the mean time, il Is enough, if there were no
other good reason to justify the removal of Mr..
Nourse, thnt he has admitted that he has applied
a large sum Of the public money to his own use, ,
without authority of law. His accounts have been
regularly settled at the Treasury, and the def
cit, WHICH he now attempts ts cover by charge
for commission, was supplied by temporary loans
from the banks. 10.
THE CASE OF JOSEPH NOURSE.
An attempt having been made for party purpo-
SEES 10 blacken the character Of the gentleman
whose name stands al the head Of this article, and
est integrity, who had served his country faith
fully and laboriously for fifty years, it is due to
virtue and to justice TO expose the calumny, and
from the materials placed within our reach, TO
cdrrrc. the Misrepresentation. With this view
the following copy of a communication from the
late Register 10 the Hon. Samuel ID. Ingham, Sc
cretary of the Treasury Department, in relation
TO the accounts OF the former with the Govern
ment, is laid before the Public.
Letter from, Jos. .Fourse, Late Register, TO the
Secretary Of the Treasury.
HEIGHTS ABOVE GEoRGETowN,
June 5, 1929.
SIR In preparing for the settlement of my ac-
counts as Agent for paying the contingent expen-
of the several officers of the Treasury Depart.
ment, have charged commission upon nv
disbursements as Agent aforesaid of two aud half
per cent.
The detailed abstracts will show how multifari-
Gus these disbursements have been, how labori.
Gus has been the agency, and how great the re-
sponsibIiity attaching 10 IL, and that the commits
sion which have charged is hat a reasonable
compensation for the services which have been
performed.
An abstract Of the disbursements under it. I'd
to 1900, was presented to the Government with a
view TO compensation. The subject was deferred
at that time, but the abstract which is on file in
the Treasury Department bears the certificate
OF the then Secretary Of the Treasury that
had received no compensation for these services
In the long course of this agency, many losses
have necessarily been incurred, not only from
the multiplicity of the accounts, but from errors
IN the vouchers, and in single year I have
been obliged 10 charge my@if from the causes
above mentioned with the loss of eight hundred
dollars.
The commission which / have charged is upon
the principles adopted by the Government itself,
in relation TO officers in the different departments
who have been called upon, as have been to per-
form extra duties not attaching to their regular APP
pointments or commissions, and who have been,
and are now, allowed commissions upon disburse-
ments made out OF The immediate line of their
duty.
cannot allow myself to suppose that the Co
Vernment Will refuse to me compensation for the
extra services have performed, services entire
iy out OF the line OF my duty as Register of the
Treasury, when il has adopted principles and re-
gulations making such compensation Tor similar
services to other officers, and have therefore to
request respectfully that you will cause directions
TO be given to the accounting officers of the Trea-
sury to settle my account upon the principles on
which 1t has becu stated.
Very respectfully,
l have the honor to be-
JOSEPH NOURSE,
Late Agent, and Reg of the Treasury.
10 The Hon. 5. ID. iNGHAM,
Secretary Of the Treasury.
1t may be added that Mr. Nourse, immediate
~ ON his removal from Office, deposited two thou
sand dollars on account OF the conting that
here might be no inconvenience either to private
Individuals or 10 the public service; which amount
iii may be thought he should have retained, as an
Offset to his claims In relation TO the soundness
OF those claims, II is well TO state that they are sup
ported by the following high legal opinion
On the case stated in behalf OF Mr.. Nourse
have always understood that it was equally sane
toned by the practice of the Government and by
judicial decisions, as it is unquestonably by The
general principles and analoges OF tie law, tllat
-f.a.ra aals, .acft 81. ~.
in any public service duty, out of the line OF his
regular and standing appointment, he is lust as
much entitled to fair compensation for such extra
services or duties, as ii he had no other employ
ment under the Government. When these extra
services consist in the responsible disbursement
OF public money, reasonable commission on the
amount Is the regular and established measure of
compensation sanctioned by usage both commercial
and official. And have no doubt that any officer
SO circumstance, would be perfectly borne out in
a court OF law, ii he retained. agreeably to gener
al usage, a fair and reasonable commission out of
the money placed in his hands for disbursement,
supposing there was no definite compensation, Of
another sort, fixed by law, or liquidated by con-
tract. w. JONES.
June 9Th, 1929.
In addition TO this authority, the late Attorney
General Of the United States, being called upon
by the Government say whether A. B., filling
a civil office, and receiving a fixed salary, was
entitled TO compensation for services performed by
direction of the Government, but which did not
grow out OF or attach TO his appointment, gave, IN
his peculiarly lucid manner, his opinion, that the
was clearly entitled to compensation,
and that the admission that such services had been
performed carried the conclusion with it that
he should receive PrO.rata compensation there.
for.
After this. il is trusted that nothing more will be-
heard in relation TO MIR. NOurse's accounts, until
they are settled by the proper tribunal.
In relation TO the ground Of his removal from Of.
ce il is authoritatively stated that the President
Of the United States expressed to Mr.. NJ, in an
interview, with him on the goth uItifuo distinct.