The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-27

pins ssideoce amount Where does he get ih
docrnef Certainly the which directs the certificate
does mol 20 nmu n On the contrary declares that The
amount certified shall be passed and paid the treasury
The language IS not that hay be passed and paid but
ITO be found IN the words 'sha be passed public
counts " In my opinion, clearly The reference 10
public accounts has bearing all upon the effect Of the
certificate All accounts The treasury be passed in
dehned mode regulated by law. They 10 be acted
upon by certain designated officers. The provision rs
tended IN measure check upon the officers themselves
An Auditor Is hrst 10 audit the claim the Comptroller is
then 70 examine ~ and to certify what Is due and, after
other proceedings, the Secretary issues for the
amount Moy whether IN the discharge Of these separate
particular case udcay depends upon the of the
claim fnis for certain given by of Congress
me claimant nothing but the existence OF the act and
the 'ehy Of The claimant Is to be inquired into. Over the
amount dut the officers have jurisdiction. So relation
70 awards Under treaty and the salaries of the
several oftcn Of the The be passed
ana pa3 ~ these instances not open TO dispute and
they arc all 70 be passed pubc accounts. But this s
beeause as before stated tie organization of the
uIy requires IT, IN order protect itsa from the posi-
oc misconduct OF the accounting officers. different
d'rtiae would lead 10 the absurd results n An
act OF Congress, award under convention, an APP
continent 10 Office, may not be free from objection
The two former may possibly be void because the, may
have been obtained through mistake fraud or may
be unconstitutional and the laler may be null because
neligbiy to hold the office What would be said of an
accounting officer called upon pass pay what was due
under The act or award in the two first cases, the salary
IN the later If he maintained that in each instance the proof
that he had right, and that his duty look behind
and beyond 1t that the claim be passed public
accounts and then only to be paid the treasury and
that beng his particular duty Examine all
settled by the Auditor and cery the balances arising there
on to the Register he clothed with the power and that
was his duty to exercise unlimited Judicial jurisdiction
oyer the whole subject and call IN question validity of
The act the award, or the appointment All would admit
that such preence would be simply ridiculous; and vet
IN these instances The amount due be passed and paid
"a, public accounts" That circumstance, then,
to every possible claim upon the treasury does all
claims vest In the Comptroller other accounting officers
judicial power There some demands fixed and
tanned ty lay, and these his duty altogether and
necessarily ministerial and executive To clothe subor
dnae or any officer with power TO reject claim fixed
authority given by law, would be absurd, 1t would
be to make the law Inconsistent with ITSELF But
the operation of the doctrine the particular case.
II il has any foundation 1t applies with equal force
TO each portion OF the compensation certified by the Pres
ident TO be due senaor-the per diem allowance well
az mileage, and all questions law and fact involved in
H. l. also necessarily includes the right disregard the
certificate of the presiding officer altogether and exam
me into the claim as open Each senator then be-
fore ne can receive his compensation, 20 before the
Comptroller other accounting officer and establish his
title such mode and by evidence as such officer NAV
demand The law says he be "pad out of the pub
c treasury the compensation certified Be due him BY the
Presdeni Of the Soe The Comp,rolers doctrine is that
that amount the law notwithstanding, is be paid
until h< oiso certifes 1t be due, and that as his
certificate 10 TO be given only after his examine
ton, he has right, and II is his obligation to
diminish altogether reject IT, he NAV think from
all the evidence before him. right Such assumption
evidently renders the only certificate which the law requires
nulity Whether the senator receives the compensation
stated by that to be due him will depend upon the opinion
Of the Comptroller for the time bemgas he may be strict
or otherwisess he may in his judgment be better
competent decide the questions involved than the pes
dent OF the SENATE As he may have more leisure
impaired strength from his days and nights having
eshed by sleep will he be found repudatine the
esr of the President and deciding the for himself
And Whist IL the extent Of his iurisdetion IL il
rgh, merely TO diminish the amount certified by the Pres
dent TO re ect altogether Or is IL also right 10
certify larger amount to be due lfit exist all
be coexensye with the entire claim, and with the enire
original Jurisdiction Of the President of the body IL would
be unjust and absurd in the extreme hold The certificate
Of the President conclusive against The and only
rtp Jes evidence against the government II final all
must be ns absolutely against both and
government The doctrine Of the Comptroller them gives
him power the whole subject, il certainly does
II gives power over any part OF H. What is the result of
this Each senator has right to appeal from the decision
Of the President Of the Senate the Comptroller when that
decision gives him nothing gives smaller sum than he
thinks he should recsive and demand Of that officer
anime into the whole and 10 pass the which
he may make appear that officer that he entitled In
that event. the compensation paid him Of the treasury
Is not the compensation due him under the law but differ
ent one The law says what he is 10 be paid what shall
be certified by the Presdeni Of the SENATE 10 b. due him IL s
that and only that sum- which isSed and paid
Without thai certificate, looking the law only, nothing
be passed paid and when ia given, only the
certified which be passed paid TIE doctrine OF
the Comptroller renders the entire provisions Of the third
section Of the act nugatory-yruay il repeas 1t for
whether senator IL receive without certificate and
against the decision Of the President compensation
greater less than the certificate may be due
at las, depends the contingency OF the Comp,roners
judgment cooeuuiog with the Judgment Of the President
The only point then, that arise in each case s the
claimed ascertancd by under the lawi II ls
Is and should be beyond the control OF the accounting
officers
II no answer this view Of the question: that il leaves
nothing the Comptroller decide when Il is made his
duty by the ID section Of the Of I'd September 1883
q Stat Large, &C., examine all settled by
Auditor and certify the balances arising thereon the
Register that leaves nothing the Auditor decide
when made his duty by tho 5th section of the act
certify the balance - for although this certainly true
avsis nothing IN the arguments the question st revers
what the Of any particular account either the
Comptroller Auditor examine into aod To decide IL he
whatever may be the character of the account and its youo
ers liberty to question every item, and compel the claim
establish uby such proof he may demand When,
for example, the voucher "a judgment an award made
under treaty convention act passed IN pursuance OF
convention or law granting 1t, or proceeding prescribed
by av for ascersinng and other instances Of like char
ncer this power and duty OF examination s limited 10 the
mere aulhencatiop Of the voucher The officer has
thority look beyond that and question the claim IN IT'S
origin lie 90 behind the judgment, the awards the
law or the proceeding and cali upon the claimant to
establish hls claim Independently The power and duty
the eoe Of these officers like all other 20 and dutes
are be exercised IN subordnaon TO the law. What the
law masa final Va final against hom as against Others and
their powers whatever they be- TO be excrted sub
ect that control The Comptroller and Auditor are still
10 examine and certify the sccoun and certify the balance
but he do legally, What the Law declares Is not To
be questioned he "a question, but to admit and act
upon That Congress may restrict his powers no one
viii deny and that many exist which they should
be restricted - equally manifest can conceive none
stronger than IL presented by the csse before me
The independence of Con demands that the oompen-