The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-16
TIL EsUMON.


pose Of ihs proyison Of the bill to do that d to give
that pow sE 70 tht head OF department I'll Ssll
The single Question Tor the consideration of the Sem
ate lie, whephsts after having liked the Compensation Tor
the services which are TO be performed by tls district AT
tornsy they willing any in which The head Of
Department may think he ID iuadequaiey
to invest the head OF the department with power en-
pensaon which is received is sufficient To secure the
talents, professional skill. and learning which are ade
9uate TO the performance OF these duties II has been
heretofore. rsHeas the bill does propose 10 dmn
ish bat 10 e4uali4s the compensation throughout the
United States.
Mr. PRATT | regret that cannot vote for the
amendment which proposed by my friend from Lous
II correctly understand II, il is 10 have two
suits In the first place, II proposes that all these allow
shall be made by the heads Of departments after the
performance OF the service Any district attorney who
may have discharged asy services will be at liberty 10
apply TO the department after those services have been
discharged, and 10 ask allowance for them The
practical result will be that every district attorney in al
most every caseand the ess frequent important
may be, The more disposed they will be TO represent as
important what everybody else may consider of very little
mportance-wlli apply TO the department for allow
ance if the amendment be adopted The bill as il stands
authorizes the head OF the proper department whenever
important is 10 be argued, to agree with the dis
rct attorney who is to argue upon the fee to be paid
That, in ny judgment, is entirely proper
But there is another class OF cases which my friend
wishes to provide for and which think ought to be pro-
vded for that 49, that when such have heretofore
occurred we should provide for reasonable allowance
for them. have prepared amendment which, if my
friend will consent 10 adopt il in lieu of his own think
will answer the purpose which he designs, and will rid
the amendment OF the difficulties which have been sug-
gested by the senator from Georgia ] propose to let The
item stand il is, and TO add at the end OF it, and in
any which extraordinary trouble labor, &c. may
have been bestowed by such attorney, the head of the
proper department hereby authorized to adjust and al
low reasonable compensation therefor" | think with
this amendment the object OF my friend will be
pshed and the amendment will not have those defects
which have been ably pointed by the senator from
Georgia ReTVl RI hpr fore
and thus the whole matter placed beyond Congress
that Congress cannot again be troubled with 1t. The
head OF the proper department will be authorized pay
Tor such services at the same rate OF compensation
they were about to be rendered. and he were now
about TO pay for them Besides it will provide for cases
which may hereafter occur as yell as for those which
! Mr.. DOWNS | accept that in lieu of my own amend
Mr.. BERRIEN. Mr.. President this is opening the
widest field that Imagination suggest in relation to
these compensations II is proposed TO provide that in
any case when extraordinary service or labor may be
rendered by district attorney, the head OF department
may make such allowance for he may deem reasona-
Bile. What is the limit OF that power 10 lime, to
amount, as to circumstances? Every district attorney
who has rendered service in which extraordinary labor
has been required, great amounts have been involved
high degree OF professional learning has become
sary may come before the department and clam under
this provision for that service.
Mr.. PRATT. If the senator will allow me- he is Ger.
tainly arguing hypothesis which did not wish
include in the amendment. intended il 10 operate
sage OF this bill.
MIR. BERRlEN And which have occurred anterior to
the passage OF this Dill from the appointment of the first
district attorney under this government That is the
proposition that every district attorney, from the founda-
ton OF the government up to the present time, who has
rendered an extra service IN any cause which he has
prosecuted, may come before the head OF department
and clam this day allowance for that service That
understand to be the effect and operation OF the amend
ment proposed by the senator from Maryland
have said before that the provision OF the amendment
submitted by the committee which has been referred
does not apply to that class OF II applies only
cases where compensation Is not provided for by law
The amendment provides for the payment OF an allow
to district attorneys heretofore. Why. they have
been compensated by existing laws and their accounts
II. ana YOU wsn T. no9d ns
ceves that he has rendered important service from
| the foundation OF the government to this time, the
| anne ndment will be rejected.
repeat, have disposition diminish the fair com
| pensaton of district attorney. All the habits OF my
iie-all my feelings would revolt against any
which Is calculated TO deprive them OF fair and Pile
compensation But the provision in this bill has no con
nexlon with that question. The ordinary duties of
district attorney will be performed by him without the
quest OF The head Of department, and for this he viii
| receive the compensation which the law provides |
say again. that II any occurs in which
pensauon would be an act OF justice disrc, Attorney
II IL the Congress OF the United States who x the
pensaon originally, and not the head OF department
that Congress is the proper Judge of the which
extra compensation should be allowed This is 10 legis
late upon the compensation OF this officer by general pro-
VISIONS and then say the head of department that
he may allow whatever compensation he may think
proper overruing the Legislation Of Congress That
would be the result OF the Interpretation given to this
amendment by other senators; but to that the
from Maryland by the amendment which he has propos
ed, aud which the senator from Louisiana accepted
would add all the which have already occurred so
that every district attorney would be entitled to come
forward and make claim. With every disposition 10
advance tn interests of this merioous class Of officers
trust the amendment will not prevail
Mr. DOWNS Mr. President, the objection OF the
senator from Georgia confined 10 point this amend
ment Il is perfectly easy TO yemove that objection,
50 that he will himself accede to the amendment IN
modified form His objection 10 is that it authorizes
claims 10 be set for all services rendered heretofore by
the district attorneys from the beginning OF the govern
ment Now very slight alteration will change il 10
that respect entirely and do away with that objection
The amendment can be modified by adding the words.
where claims have been made Tor service, and remain
nadjusled"
Mr. PRATT. | am free to admit that the argumen, OF
the senator from Georgia to the phRseoogy Of the
amendment is irresistible and conclusive, and would have
compelled me TO vote against II as II stands think,
however, the amendment is altered meet the
gentlemans views As modified, it will read. and
that in any case Of pending and unadjusied claims in
which extra trouble, labor" &c.
Mr.. BERRlEN. The effect of that amendment will be
this Where district attorney heretofore has performed
the duties oil his office, and has been contenied with the
compensation which was allowed by the existing laws,
and has made claim for extra service, he would be
unprotected by the amendment proposed
Mr. PRATT. have altered the amendment to
read, "and that in any case of pending and unadused
claims not provided for by law"
Mr. BERRlEN. Then would submit that the amend
tor. Pending claims which have not been adjusted nor
provided Tor by Iawr-hs certainly would moi