New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-21

81 he n;s,,;ct Judge. and writ oil error brought
the case before the Circuit Court
'"T O1s. 'contepded for the Defendant that the
;s..,ss of the District or Circuit Judges in
go Of Msrshals account is conclusive on the
! treasury Department and is not open 10 reeX'
animation or disallowance" Vol. l. Woodbury.
and Min0t's Reps ls4.
/ To sustsin the affirmative of this proposition
letters were read from the late Judge Story, Civ
ing bis, and the opinion of other members OF the,
Supreme Court After reciting the 4Ih section OF
the act Of May 8, 1892, mentioned above and alter
referring to the letters of Judge Story, Mt Justice
Wood Baid-ls7
IT, by the defendants the determinations and
rejection OF any OF The items by the Treasury Depsm.n
which hss bee certified by the Judge unwaranted
ard thai il 10 my duty 10 decide 10 favor of them ALL
without Examination. For II such certificate s c93cla
sve upon Treasury question be agiated here
on lie propriety any ihsn by the accounting officers
and should be scot back here for the account to be regis
I tered up without further inquiry"
/ After mentioning that the opinions OF Judge
| Story and others were not given j0dlcally, and
that no reasons in their favor were stated, ne
said:
"s to be remembered also that OF the Tres'
sury Department have been different for half century,
| well those Of The Circuit AID Supreme Courts"
HI also asserted that Judge Story did not coz
slider himself bound by such certificates, aud cited
/ the case Of The United States Us Cogswell; Sd
! Sumner, 204. and the other reports or like cases
| elsewhere
ceri6cse OF &c shall be final or copclusve but tha
ter a. the accou al shall be passed in The usual manner
which have The vouchers accompany IT, and be
exam far s deemed to be necessary to satisfy the
accounting officers Of the legality and propney OF IneVa
He supposed that udge Story intended no more
than that the certificate Of the Judge was p-lma-
facie, and in that Judge Woodbury. concurred. In
his further remarks he said:
"The decision OF Court, where proper parties ~ nov
before and corte. item OF charge, Is deren1
"t is then judgment, which, in the view Of most per
entitled the and assent OF tns Depar
ment so far as to pay the Item thus allowed any busoo
appropriation exist therefor ,.. -, ,ho
"Buta certificate Of JUG &c ex parie 10 Tue huv, a. @
cluson term TO an item that has never been Rae
argued by any opposing counsel surrey can make Claim
! 10 such ndiBg and decisive weight"
If the hurry Of Judge at the close OF 3 term
tends to impair confidence in a certificate, he may
give, on an ex parte hearing, or more likely with,
out hearing no greater confidence can be reposed
in the certificate of presiding officer at the close
of session of Congress, whose days and nights
have scarcely been refreshed by rest or Sleep ana
who shares with others with whom he has spent
his strength a deep anxiety to return home.
Each abstract or hedUle bears date the last
day of each sc sson and while have high respect
for and great confidence in the Senator, and Pres
/ ident of the Senate pro tempOre, who certified TO
the legality fthe abstract schedules, do not be-
lieve his mind was brought to consider the factsln
regard to the payments made to MIR. Cameron, Mr..
! Lewis, and Mr. Johnson mentioned above-and
cannot reconcile it with the mode OF doing busi'
ness or the last day of session OF Congress-that
they were made out, on the days they bear date.
do rot consider that Mr.. LeRare decided that
the certificate Of the presiding officer is conclusive
on the accounting officers but il he decided it be
/ Of more weight than prima face evidence, his de-
cision is overruled by the solemn Judgment OF Mr.
Justice Woodbury., and by the authority he cited
Mr. Legar6 did not decide the first question
whether the Senators were entitled to construc-
| tive mileage as it was superseded by his decision
of the second question; and he said the lst ques-
ton as one OF strict law, is not without its diff
cDltes-and be refers to the Act OF July 6, 1877,
which will be noticed hereaiter.-Sta. large vOt.
l. 533.
Under the conviction that am authorized to
examine the legality Of the payments, shall pro-
coed according to the course indicated above and
examine the history Of the Act Of September %,
l7s9-Vol. / p. 20.
The President was insugurated on the Both Of
April, 1859, and the 10th of July the House
adopted this resolution--Sen, jour- oOl. l. PIP Is.
Of Representatives for their attendance the time appoint
ed for the meeting Of the respective Houses aud for the
iDg TIE travel Of twenty miles for each day be six dollars
S6d OF the SPssAs sr OF 5e CT
The COMMITTEES arroi"sed 20 consider s''o roSO-
luton, reported bill, In accordance thereto, on
the 22d July, which was passed and sent to the
Senate ON the 10th OF August V0l l. PIP. IS.
MIR. Rufus King of New-YOrk, Chairman OF the
Committee to whom the bill was referred, re-
ported on the 2sth Of August. an amendment for
Sation to the members Of each House, until the
4th Of March 1895, and after that, the Senators
were to have IS, and the members of the House
Sc per dsy.-SeR Joar. cot. l. s..
A resolution was then considered TO test the
sense OF the Senate on this discrimination IN the
following words--l. 66.
connnensaon To he allowed The Senators and the
nesbe,s OF toe House of Representatives and Il passed
In lie Affirmative Yeas Is; Nays I'll TO-
An amendment was reported adopting this dis
= Al g. l.. 7 ~lr
by allowing TO the Senators eight dollars per day
after that date, and six to the Representatives.
The amendment was finally further amended, by
fixing the compensation OF the Senators aftor the
4th of March, 1895 at 81 per day, and leaving the
compensation of the members Of the House at Sc,
as the bill passed the House.
There were other amendments as to Mileage,
which do not think it necessary here to notice.
The House disagreed TO SO much OF the amend
ment of the Senate in regard to the discrimination
OF pay, as allowed more to the Senators than to
the Members of the House and the Senate ad-
herring to the discriminating principle there was
no alternative left to the House, but to limit the
duration of the act, which it did by adding the
7th section, that the act should expire on the Atm
Of March, 1925. The Senate was obliged to yield
TO this, TO draw any compensation and with
these forced concessions the bill was passed
House Jour, Vol l, l04 l. 100.
The first special meeting of the Senate, IN the
recess Of Congress- was held on the 4th OF March,
l793 and the session continued one day The
Second Congress closed on the Sd Of March In
which Samuel Severmore was member from
New-Hampshire, and during such membership
having been elected to the Senate, he took his
seat therein on the 4th Of March. AS a member
of the House of Representatives of the Second
Congress, be received his per diem compensation
to and including the 3d. and his mileage 10 and
from that Congress, and for his fall compensation
at the special meeting of the Senate on the 4th
be received six dollars only, the compensation for
this attendance one day ia the Senate Senate
jour. Vol. l, p. sos; Public Accounts, Sd STATE
aafQf % % ibid OIL