Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-01-14

DePt;unent, was charged with this additional duty
ana during the period of his continuance i'm office
not less than fifteen distinct and senorote nrenc;es
nave been confded to his care. reference to the
vsinuS ac's OF Congress, which relate to the Office
"a hegseF OF the Treasury, will clearly show thar
none OF these Agencies had the rernotest connec-
tioh with that office In the performance of these ad.
di''on'i duties your menoralist was also obliged to
occupy those hours which did ordinarily belong to
ue Pubic ana at his own house, and during he
ings he was engaged in the necessary DISCHARGE of
this important and responsible trust
An examination OF the accounts of vnur memorial
ISL III ms capacity OF Agent, will show the great
amount OF Labor and the extent of the RESPONSIBLE
ity which were incurred; and from this examinations il
VIII appear that in TIE absence of specific appropria
ions Tor the objects which under his charre he,
has at various times, been in advance To the goverrs
ineni to the amount of several thousand dollars
four memorialist could not entertain an apprehen-
son at inr such services faithfully rendered and for
responsibility So extensive occasionally and
sar1y involving him IN losses. nOtw hstandinr all his
care, tisa the government would be disposed to with
hold reasonable compensation. He was familiar
with the daily practice CT the government in all its
ijcpartments and he knew that sucb reJ:.rn ion
tor such services constantly allowed in analogous
cases. In the year 1901 he brought this matter TO
the notice or the Secretary of the Treasury but il
was not dehnvclY acted 4 communication
recently received from Mr. Crawford, upon The sub
Ject shows tha.. in the opinion of that gentleman
these services thus performed by ycur memoriarst,
formed no part of the duty Of the Register" and
that he ''always considered him as entitled TO the
the public money" The late Attorney General in
his official character, has declared concurrent opn
ION IN an analogous case. upou The sriCest principles
of lazy
On the lst June. 1929 your memnrialis was dis
missed from the Office of Register OF the Treasury
p" Ith'n as brief period practicable he pre-
pared and presented statement Of his with
the Government, N which he claimed percentage
OF two and half upon these dsbur ements. This
was the rate Of commission usually allowed in the
various Departments for extra official disbursements
or pubic moneys. when attended with far less labor
and far less responsibility. The compensation asked
by your DlenorIast averaged less than 5000 per an
mum, during the period in which these services
rendered
The accounting officers OF the Treasury however,
oIsaIo"ed this item OF credit, and reported balance
to he due from your memoriaIst to the Government.
our nenlorialIst, confdng in the Justice of his cian
made repeated efforts bring to n satisfactory and
speedy determination the points upou which he and
the accounting officers at issue: Finding hem
Intellectual, and the state Cf his health requiring
relaxation and change OF air. the 3D. July 1929 ne
informed the Comptroller of the Treasury that lie had
been advised to take journey fer the benefit of his
health but that whilst his accounts lvi. II the Govern
ment remained unsettled he did not think il proper to
leave the District without apprsiac the Government
through him of hisintention
He left the District this journey, the I2th
July, and during his absence, to w--on abOu: the
Goth day of the Same month n warrant of distress
was issued by the Treasury Department. under the
act Of Congress of May 15lG20 which was laid upon
his real estate in the county of Washington And
at tho same time, all lis bousahold articles. library
wardrobe. end bedding were seized by the officer to
whom the warrant was directed.
our menGorast soon after returned 70 his home 81
with as little delay practicable, filed his bin for
injunction to restrain proceedings under this
III Conformity with provisions of the Of Congress-
before alluded to In the suit thus instituted mass
of testimony has been taken for the purpose 81! cs-
tabiISng the amount and value Of the services
dered by your meUIor!aiSt, which were embraced
within duties aoparainins to his office 81 the sng
gGstUn of the District Attorney himself TO which the
counsel of your menoriast unhes atIngly assented,
the District Judge referred 10 three gentlemen of
great experience and unquesti0nabie character in
every particular, to examine and report upon the
counts exhibited by the undersigned, and to estimate
the valla OF his services.
The unanimous report ofthese gentlemen estimates
the value of these services 81 S23.582 72-10O and
your memoTiailst confidently asserts that no com
mercla in the United S5tatos would either have
estimated them after they rendered at a less
price. would voluntarily eucouater the same trol-
kle and cSpcnsbi|ity for smaller amount.
This report has been sanctioned and approved of
by tine District Court. 1t was not. however, COM
petent to the Court to DO more than to perpetunte
the Injunction against the United Sta.es No
powers are corfdcd to It, in case in which he
government is party, enforce the perfor-
nance Of what justice would dictate; and Won,
memoralst is compelled to resort to ycur honorable
bodies to obtain payment OF q debt ascertuined
to be due to him by The iudicnl tribunal
Of his country. by this tribunal, acting upon the
report of the Auditors, it appears that there is
due 20 your memoraIl5t the SUM of S 33l 9O-lOO
Under these circuns aGccs, he submits his cause
the consideration of your honorable bodies and asks
such relief the Representatives Of the nation will
aiIhrd. JOSEPH NOURSE
January Z, 1851.
The petition was referred to the Committee on
Claims
INDIAN REMOVAL.
Mr. Barnard of PENNSYLVANIA, presented three
MORALS from Philadelphia. against the removal of the
Indians; and Mr. Marks presented two petitions on
the subject, all Of which efsrrcd to Com
mittee on Indian Affairs.
ORDER OF TIE DAY
The oTder of the lay then taken mp, and tire
following resolutions, submitted on Friday by A!r.
Benton, were considered and agreed to:
Bestowed, That the Committee on Indian fairs be
instructed TO enquire int, the expediGncy of making
approp riaon5 treat with the Kclapoo tribe Of In
dians, AMI With the of the Piorias, w a.,
Pankeshaws, Shawnees, and Iaskaskias. all IN the
state Of Missouri for the accomplishment OF their pos
scssory claims in said State and removal 20 permanent
homes beyond the limits thereof
Resolved, That the Committee Indian Affairs be
instructed to enquire into the ezpcdicncy of p7ovi-
ding by law for the appointment Of Sub Agen, 10
the Winuebago Indians, to reside the waters Of
Rock Rivcr according The request Of said Indians
and accorJi'c 70 the treaty Of August ts', 1929, as
agreed upon by the said Indians and the Commissions