New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-21
A5st,act on Schedule B.

ed and having served 10 tne expra-
tiop of the XXXth Congress on the
Sd of March, and received full pay for
mileage to Washington, and from
Washington to their respective
homes, as appears by abstract or
schedule A: they were at Washing
ington, and entered upon their duties
Mt the special session on the 5th OF
this H constructive travel. s3a,333 60
Six Senators were reelected, served to
the close Of the 30th Congress on the
Sd, and assembled with the other
Senators on the 5th, and received for
Constructive Mileage 4,9l7 90
One Senator was elected while men,
Der of the House Of Representatives,
and served to the end OF the 3Oth
Congress, and received for Construc
tive Mileage 2oe W
Nine Senators were now members and
obeyed the summons to hold special
meeting of the Senate, and were paid
for mileage, coming TO and returning
from the seat of Government. -
Three Senators continued under cleo
tions not expired, attended the spe-
eial Session, and have not received
any compensation for Milesge...... -
EzhibH C. IS referred to.
The origin Of Constructive Mileage will now
be referred to- and the history of the Act OF Sep
TENDER 22d, 17e9 for allowing compensation to
the members of the Senate and House OF Repre.
BentaLiVeD OF the ODlteQ states Will DC udccuf
and an examination OF subsequent laws on this
subject will be made, with the result it is bellev'
ed, that the law in regard to mileage has remain
the same in the rule Of allowance, although it
has varied in the rate Of compensation, and that
the practice was invariably, from the commence
ment of the Government In 1889 to ls4l, not to
pay for Constructive Mileage to Ser ators when at
the seat of Government for attending special
meetings of the Senate; that the practice was
only then departed from in one instance on the
opinion Of the Attorney General, not given on the
law or principle Of allowance, but on the effect of
the certificate of the presiding officer; that the
practice was more generally departed from at the
Special Session of the Senate in l945, and so
generally at the Special Session Of l849, as TO
leave but three exceptions.
The question involved in the decision of the At
torney General will be first examined.
EIha6H D.
The Hon George Evans was a member of the
House OF Representatives from the State OF Maine,
to the close of the 10th Congress, and received
fall pay and mileage.
Having been elected member Of the Senate,
ne attended a special meeting of the Senators
called at the commencement Of the administration
OF President Harrison, in March lsll, and receiv-
edhis mileage 10 and from Washington as mem
Der Of the Senate.
The Examining Clerk having doubted the cor
rectness OF the payment, the opinion Of the Attor.
ey.General was asked on two questions:
Ist Whether under The facts and circumstances In the
Gaze the member 10 entitled by law the mileage claimed
I'd The amount being certified by the President OF the
Senate, The officer spPoin,ed by law for that purpose
whether the accounting officers have right look behind
apparent on The face ofihs accoaail
Mr. Legar6, then Attorney tIsnes"' 's'f S',H-,
med and decided the question last propounued,
and, after citing the sixth section OF the Act OF
Septen Der % 1889 he came 70 the conclusion
that under said section the certificate of the Pre-
sident is q sufficient warrant ior payment IN the
case submitted TO him Thatis, the certificate Is
r "a a ,,,t.,n Of M.
Ifa vote ofihe Senate had been formally taken upon it,
II womb have been conclusive of the malier as between
that body and the accounting chcers n ths Executive DO
psrimehL
Ii this be so, then the Senate may increase
their compensation by resolution at any time, and
to any amount notwithstanding 1t is fixed by law,
having the joint action Of the Senate and House
and the approval Of the President and the &C
counting officers have no discretion in the matter
The law authorizing the President Of the Sem
ate to certify accounts is as follows;
"Thst tho said compensation which shall be due the
members Of the Senate shall be certified by the President
thereof and the shall be paSsed as public accounts
and paid out OF the public Treasury ST. Large 'o1 D.
The same language is used subsequently in the
Act ofSeptember 22 l7s9-Tof. l, p H.
The Judges are required by the Act OF May s,
l792, 20 certify the accounts Of Marshals and in
the 4th section, after reciting several fees and
items which shall be included in the accounts of
Akrshals, it provides:
"And The same having been examined and certified by
The Court Of the Judges Of IT, IN which the service
shall have been rendered shall be pasSed In The usual man
ne al and the amount paid out Of the Tres,ury The Un
ted States 10 the Marshal, &c'-lOi l. P275, See. L.
The language lie SO similar that do not per-
eeive that there can reasonably exist any differ
ence in the effect given to the certificates.
These certificates have been considered OF
equal validity by the accounting and law officers
OF the United States from the early history Oft
Government
Joseph Wilcox, Marshal Of Connecticut in sos,
contended that the certificate of a Judge Of the
District or Circuit Court OF the United States was
conclusive on the accounting officers Gabriel
Duval, ESQ, afterward a Judge Of the Supreme
Court of the United States was First Controller OF
the Treasury; and in letter dated 9th June,
leOe, addressed to Mr.. Wilcox, DO states that the
certificate OF Judge on the account OF Marshal,
and the certificate of tho President of the Senate,
and the certificate OF the Speaker ofthe House of
Representatives, as to the compensation to Sena'
tors and Representatives, are of equal validity,
but not OBSERVATION-DISCLOSURES. Mass. Ms Letters,
Ne. 10, pp. 424, 425.
The District Judge of the State of Connecticut,
maintained IN letter addressed to Mr. Wilcox,
that the accounting officers could not look behind
the Certificate and be said
ought to be equally eonelusve wi that OF The Pres-
dent Of tho Senate Tho Speaker Of the House OF Repre-
5es OF copeTess for ,Ser seSdspce and he ssppossa
that no Controller Of the Treasury would have tbs hardi-
hood 70 attempt 10 revise az account certified by the Pres
In reply to this Mr.. Duval said
They Nhe eerL6csles) arc admitted TO be o. equal
validity but be the Daci Judgel IL unfortunate II ali ris
references fhelr accounts revised examined and
passed. IN the usual manner and all errors which may
any time be discovered are corrected Not pretending to
nfIhbniy they submit without mnrmuT conscious otthe
propreiy OF the procedure IL the President Of the Sc
nse OF Speaker Of The House o. Representatives should
certify that member from Pennsylvania who reside. IN
Philadelphia, and who attended from the 2nd Of De-
eembsr 1906 10 the Sd Of March, 1907 entitled 10 s9
days compensation AID 10 SEQ ies travel the Judge
I'm gre that The errors would corrected 10 10
knowa that there ony IS days, between toe periods
before mentioned sud that the distance from Phis1o pha
To tAe seal OF Government Is than 10 mes II
would be the Indispensable duty Of he Sccouutng officers
W correct the Errors Of this nature have occurred,
authorityn =