The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-02-07

aSainst the opinions OF tho colcuof OF uho iieasuy
aud the Attorney General but alter tho question had
been referred 10 the Senate, and the Judiciary Com
mt, Of that body had reported IN iasor al The OPT
mons Of the Solicitor aud that report had been con-
Cured 10 by the Senate, and alter the Circuit Court
of the District OF Columbia had udicaiy decided upon
hearing and argument that MIR Kendall was wrong,
still he refused execute the award BY thus stand
ing against many and such respectable authori
ties Mir. Kendall manifested degree of hrmness, il
not obstnacy, not oiten found In public officers IN
like cases IL should be noted however, that after
the application was made for mandamus, II was
considered by Mr. Kendall and by the President and
his Cabinet, Of which MIR. Kendall was memb E,
that highly important question OF Jursdcti arose,
and that his duty 10 resist the claim OF the court
TO jurisdiction, in that case until II should be decided
in the court OF last resort THIS fact must be regarded
as Jul riadcaiioa Of M. Kendall FROM the imputa-
ton of improper motives, in defending against the
apple alton for mandamus in all lis stages, until IFS
final decision in the Supreme Court"
"From all the ovidenc in the case the Committee
satisfied that Mr. Kendall was governed by desire
to guard the Post Office Department, over which he
presided against loss by allowances which he believed
unjust and illegal This purpose adhered to with
unusual pertinacity, but not from any design To do
injustice TO the contractors II is believed TO be i'm
porant that honest guardians Of the Treasury should
not be permit ed 10 suffer for their fidelity Ii is
ollen that public officers err, Mr.. Kendall did, In
favor OF the United States, and if those who in their
zeal 10 save the Treasury from unjust claims upon it,
are subjected to suits for damages and Imprisonment,
for whatever error they may commit, without mdem-
nifty or relief, u ay well well question whether in
all cases Of doubt to which the Government is
party, the dec sions will not be in favor of the claim
ant, pee tally when il is considered that errors
against the Government are very rarely made the
subject OF serious compiaiat."l
THE EXPLORING EXPEDITION.
Mr.. KENNEDY, of Maryand from the Commit
tee on Commerce, asked leave to submit resolution
for rewardlng the officers and men engaged in the
Exploring EXped ton.
Mr. JOHNSON, Of Tennessee, OBJ ected to the re-
ception of the resolution and therefore it lies
THE POTOMAC BRIDGE.
Mr. UNDERWOOD, from the Committee for the
District of Columbia, reported bill to provide for
the completion Of the Potomac Bridge; which was
read hrsi and second time, and referred to the
Committee of the Whole on the state of the Union.
PORT PENN.
On motion Of MIR. RODNEY, il was resolved that
the Committee OF Ways and Means be instruct to
inquire into the expectancy OF making suitable APP
preparation for the repairs of the public piers near
Port Penn, on the Delaware river, together with the
lands and tenemenis thereunto belonging and, the
jurisdiction thereof having been ceded TO the United
States by act of the General Assembly of the State
Of Delaware, passed January %, 1891 with the ex-
press understanding Of he General Government, de-
clared by Of Congress- approved August 7, 1889
and July %, 1870, t. pay all necessary expenses TO
support the boundaries and repair of said piers, on
condition of such cesson being made.
RErRENcHMENT.
MIR. BOVINE, from the Committee Oh the Public
Buildings and Grounds to which had been referred
resolution instructing il 10 inquire into the expeden
cy of reducing the salary alb fishing The Office OF
Commissioner Of the Public Buildings, made repolt
thereon, TO the effect that the office should not be
abolished and with regard 10 the reduction, eI
COMMITTEES thinks that il wod be invidious to select
merely one tree Tor the prunng-kniie Of the House
Mr.. BOARDMAN, a member Of the committee,
on leave, introduced bill to reduce the salary of
the Commissioner from 50 900 TO 81, 00j.
Mr.. BRONSON moved 10 amend the bill by linn
ting the salary to $500; and the moion pre-.
vailed.
The bill having been read twice, the previous ques
ton moved.
Mr. WISE inquired whether il would be in order
to submit an amendment.
The SPEAKER replied that il would not
Mr.. WISE seriously suggested that II be recon-
mitted with instructions 10 embrace all other pro-
posed reductions of the salaries of various officers
including the pay OF members Of Congress. lie would
make this motion IN the name Of the gentleman from
Tennessee, Mr.. ArnoId) If the gentleman would
permit him 10 do
MIR. ARNOLD acquiesced in the suggestion, and
trusted that the motion for the previous que stion
would not be seconded
Mr.. WISE inquired whether the previous question
uld cut of the motion TO recommlt.
The SPEAKER replied that it would
The previous question was then seconded by the
House
And the question being stated, Shall the main
Mr. McKENNAN moved 10 lay the bill on the ta-
bic, and called for the yeas and nays, which were
ordered and, being taken, resulted-yeas 81, nays
l6l.
The main question was ordered TO be put; and the
bill was read tlrd time and passed.
BRANCH MINT.
Mr. COOPER, on leave introduced bill amen
dstory OF the act 10 establish branch mint at Dah-
lonega and defining the duty Of assayer and coiner
which was ordered 10 De printed and laid upon the
table.
THE NAVY.
The House resolved it.elf into Committee Of the
Whole on the state Of the Union, MIR. Allen, Of
Maine, ia the Chsir.)
MIR ARNOLD moved that the Navy bill be post
poned for the purpose Of taking ny the Till herct fore
reported by him Tor u c reduction Of he pay Of u EN-.
bers of Congress, and for other purposes; but the
motion did not preyai-yens IS, nays 49,
The committee III. proceeded to the consdera-
lion OF the bill makIag appropriations for the navy.
The 70 lowing item being under coLs Grafton,
"For pay Of commission, warrant, and petty Off
GERS, and seamen including engineer corps, for the
said half calendar year. million four hundred and
nnety-srx thousand five hundred and eighty -four dol
lars and fifty cents and for the said fiscal year, two
million nine hundred and ninety-three thousand one
hundred and sIxty-nino dollar"
Mr. MERwrruER had moved to amend il, by adj
ding as follows viz;
II" r. orid,d That, until otherwise directed by law
part Of the present or any future appropriations
for the pay Of commission, warrant aud petty Off
GERS, including engineer corps shall be paid to the
same, except upon reduction Of the present pay at
and after twenty per cent?
! Mr.. JOHNSON, Of Tennessee supported the
amendment, and contcndod that the necessity for in
cressing the salaries Of the officers Of the navy in
| 1885 did not now exist
| Mr.. FEsSENDEN opposed it, and said il could