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


wiser than anybo else. takes different view Of the
matter from what his predecessor, Mr, Mason, did |
Now. while we are adopting this lee bHi reducing 10
hs proper accounts in ordinary cases aud since lie com
mittee have suggested that tins Discretionary Eowe IN
regard 10 certain should be put IN the bill. wish
10 extend H. SO as leave i, 10 the head OF the depart
ment whenever sueh exiTaoidnafy cases ~ these 20
very great discretionary power TO be vested the head OF
spastment, and Is only because am impressed with
it's necessity that agree TO the provision al all shall
moi agree 10 provision however unless il is extended
toAhe cases that have pointed out
II reads for service rendered counsel the request
OF the head OF department. Very often the department
cannot know that the necessity exists. The may
hundred miles off from where the head
OF the department is II may require immediate attention
on the part OF the officer Tor the government There can
be no danger. as understand the matter, to let the dis
ict attorney go and perform his duties and alter he
has performed them then receive his compensation an
other reason TOR the amendment IL, that the head OF e
department can much better Judge after me case is over
what is reasonable and what is proper than he can be-
lore Suppose that an application Is naue lIo'h INeW
Orean or Boston, even IRON California 10 me head OF
the department, 10 know what lee sh De allowed IN
particular case how he tell before me transaction is
passed and the suit commenced Lei The district altor
new 20 on and render his service let the whole facts and
circumstances be reported the head OF the department.
and he then much better Judge OF what ought 10 be
allowed than beforehand think, them that, in every
view that take OF the case, this Is very great
provement 10 the amendment II It is not adopted,
| shall consider the amendment as it stands
so very liable to mlsnterpretaton that shall op.
pose 1T altogether Because Think in that case, ii
will repose unlimited confidence and discretion in the
head of the department, without any necessity for
without H. to all the necessary for such purpose.
hope that the amendment will be adopted.
Mr.. BADGER am sorry that the senator from
Georgia. who has charge OF this b should object TO the
amendment of the senator from Louisiana. II under
stand him. his objection is to the discretionary power to
be ntrusted to the head OF the Departmental allow hun
to fix q compensation to be made Tor services that
have been rendered. But really do not conceive how
requires more discreion or how his discretion is more
liable to abuse, in fixing compensation in the
in onfhp ia IL
that fixes and whether It Is tor wees 10 be render
ed for services that have already been rendered,
to that II can make no difference in the danger
of trusting the power this liability of abuse But
think there two considerations that particularly
recommend the provision in the form suggested by the SEN
ator from Louisiana As the will stand in the bill
with the existing provision, will introduce this state OF
things Whenever law officer of the government is
called upon TO discharge any duty 1t be one requiring
extraordinary trouble or labor instead OF at once setting
himself about dischargng H.. knowing that if it is per-
formed, he will receive compensation Tor 1t, he must
the s ws call ss oss to
officer shall say that he will not do it. IT, as the senator
from Louisiana says, il is duty which falls under his
general obligation TO discharge he might perform 1t with
or without compensation Ii it is duty which does
fall properly and emphaticay TO him Urte ocio, then
we will have case OF bargain being carried on by the
law Ohcer OF the government IN the State here the
arises, with the treasury office, with the head OF the
department here Ii seems to that it would be better
to leave the officer, when called upon at cheefuy
and promptly do whatever the interests of the govern
ment require, in the full confidence that whatever
is reasonable and right will be paid to him as remu
neaton for H. instead of placing him in the attitude OF
one who must bargain beforehand for The compensation
that he is 10 receive.
~ In the next place, think there great force in the
suggestion OF the senator from Louisiana, that this
ter can be much better done afterwards than before
be much better told what the of the trouble
latter is through wth-the extent OF the requsiton
upon the time of The officer, and every other considera
ton that enters into the fixing OF the compensation would
be much better understood after the services are per
formed than before AT all events this is trusting dis
oftnnf In nf haro
hOn must be trusted, and where II proposed trust
in the other am unable 10 what greater dam
ger there would be in allowing the head OF the depart
ment 10 make this estimate of the compensation after the
services performed than before. know well
in my State that the compensation of the United
States officer is exceedingly small Very great hardship
has been experienced by gentlemen representing the Uni
Ted States in many cases. remember one case, which,
in avery important prosecution was thought necessary
by the officer TO attend il distance, and argue il be-
fore district Judge, and attend TO the examination OF
witnesses He attended there the part OF the United
States, and attended counsel for the accused
received $500 for my services, and he received nothing
When he returned, he called upon the officers at the
head OF the department to make him reasonable com
pensaton, and they had no power to give ii 10 him
MIR. BRADBURY. hope the amendment, OF the sen
ator from Louisiana will not be adopted. | think lis
adoption in this bill would open the door TO the very
abuse that the bill is designed TO correct The power
allow reasonable compensation and reasonable fees in
Of great labor may be understood by the single
that has been to the attention Of the Judiciary
Committee, when bill was presented and an allowance
asked Of more than $4,000 Tor extra fees Tor services
rendered in 4 single year think some Sl4 900 of it
were for services term all duly certified as rea-
sonable fees
Nj. BADGER That might have been very reasona-
BILE.
Mr.. BRADBURY. Very reasonable
Mr.. BADGER Why, certainly.
MIR. BRADBURY. There is another objection to the
amendment Ii covers this very The language OF
the amendment is "for services rendered be rem
dered y 30 that, under cover OF the amendment OF The
senator from Louisiana, would have egisated upon
case now referred to a committee, and upon which we
have agreed and perhaps a very dfeen, from
what they would think reasonable and just II
10 have restraint, no Limitation in regard 10 these
ira ices, agreement should be made an advance.
think it would be infinitely better TO have salary, and
let the services be rendered for that salaryhave the
teress OF the government protected by the district aor
ney for the salary and be hi to resign, why The
government might find some else to attend TO the
business But. nasmucb the bill provides different
mode OF compensation, think II is sufficiently liberal
1t stands, and that the abuse to which the amendment
would certainly give rise is sufficient objection TO It's
adoption
Mr. DOWNS SO far from finding anything in the ar
gument OF my friend from Maine aga this mendmen
think the very Tact 10 which he has referred shows the
proprlety and wisdom and justice OF He has referred
70 the which has been committed TO the committee,
in which be says that the service rendered for year.
amounts The sum 81 1000 Well in the FIRST place
have say what the gentleman might himself have said
ton which he obtained in the committee nigh, have en-
abled DO that is thai If these services could be
ceained which rendered to the United States and
he had asked the Attorney GeI he might have told the
Senate what the Attorney General told that although
The law did allow the fees charged be paid still