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

~, 1901.
1--we remedy But 10 ia mischief s likely
70 result from such certificate than from certificate Of the
oomProner or Audor-nor rs II true. The President
ana Speaker have better OF the and
are under the same Injunction decide prop
eHy Nor is such power IN their hands more likely ii
as key TO be abused The President of the Senate elect,
ed by the people, chosen by the body from members
Is at least 10 be esteemed incapable of official abuse as
subordinate officer of the treasury The Speaker stands
upon the elevated level. Ii is libel upon either of
these high officers suppose him capable OF abuse ALL
Is, 1t possible, yet greater libel To suppose hun
capable Of abuse than Auditor Comptroller and YET
to be supposed that the treasury safe when the
latter examine and certify claim, and only danger when
the like duty imposed in the words and including the
same Official responsibility ~ performed by the former
So far have considered the question new one,
Unaffected by usage other authority. propose
examine II with the hight which these may give.
y In the first place, far as | am Informed, sthe
present is the sngle instance in which the certificate
of the presiding officer has been totally disregard
ed Errors Of calculation in the summing up of the
items of the account making the balance certified
have been perhops corrected and to that extent /
hass doubt the correction may be made But this
aifrms instead Of repudiating the certificate The
sg of the certificate 49, that the items Of the account where
they are given correct IL by mistakes in computa
lion these made produce larger than they do
produce the correct sum is only be allowed il is that
sum which the certificates properly understood finds 10 be
due Such errors, committed by Comptroller or Auditor
for the liable correction But this does
not IN the slightest degree impair the general conclusive
efficacy Of his certificate. .#@E a5
In the second place, there is nothing to satisfy me
that any other errors than Of this kind have ever
been corrected. Mr. Duvall, then First Comptroller
IN his letter Of The 9Th of June, 1903, to Joseph
Wilson, marshal of Connecticut, cited by the present
Comptroller specifies of different character and
certainly which the certificate az to the items was
wholly rejected the authority to reject the question
being rased mantaned by final decision Of the depart
men At the most, the usage whatever was assuming
Mr. Duyas recollection be accurate does appear to
have been known sanctioned by Congress-
been udIciay recognised and without either authority
1t is entitled 10 little weight s1tt" vi "@., ~.t As,M
In the third place. the fact upon the evidence before me
seems TO me 10 have been otherwise In request
that he would inform the usage the Secretary of
the Senate written reply, says As far evidence Of
the practice can DO found in the abstracts Of
Of member. Of the Senate copies of which preserved
the Office Of the Secretary from the gsni-g Of the govern
msni, II does not appear THAT THE OF THE
PsEnDEsT HAS EVER BeEN ovERRULED. The personal
perence of the Secretary enables him say that no such
has happened within the last twelve years and the
recollection of others in his Office extending much further
back, is to the effect" Resting then merely upon
usage, the concusveness of the certificate should think
be considered as practically established But has much
more commanding support An meeting of the SEN
held the 4ih Of March, le4l and senator from
Maine had special allowance made him by the presiding
officer for full mileage. He had been member OF the
House during the immediate preceding session of Congress-
which terminated the Sd of the month, and such had
received pay that day inclusive, and also mileage for
coming to and returning from that session Two ques
lions were submitted TO Mr. Legare, the then Attorney
General - Esas ". @. -'-s .@t
Whether under the facts and circumstances in the
case, the member entitled 10 the mileage claimed
The account being certified by the President of the
Senate-the officer appointed by law for that purpose
whether the accounting officers RIGHT BEHIND
except fpalpabc mistake
apparent on the face of the account
Upon the second inquiry, Mr. Legarea answer was; 81
OF opinion that the accounts under the
MUST be allowed - and after referring The 9Th section OF
the act Of 22 September l7S9 having furnished The
standing rule afterwards for the auhentcaon and payment
.JuI fy,l. ,t,r
Of the President sufficient for payment in the
case submitted TO me IL vote of the Senate had been
formally taken upon it, would have been
rHf as between that body and the accounting off
the executive department. Bot the of 1918 gives
the ErvEcr 10 III, certificate Of The President which Is
the presumed net of the Senate pro hae rsesn The Comp
roler under the impression that all that Mr. Legare de-
signed TO say that the certificate prnla taet
tenoe Of the account This is clear misapprehenson
First because he omitted answering the first question: upon
The ground that hrs 10 the second supereed the
necessity OF expressing opinion spon the first" which
he could have said except because that denied
he right Of the accounting officers to look behind the
heate" 1t that right and that only which the
ond question involved. Secondly because his reply was
that the accounts MUST BIZ, not may be allowed And,
thirdly because he said that the certificate Of the President
was OF The .fsd with ormnl vote ofthe Senate and
hat that ~would have been of the maitern
IL was, too in this light received and acted upon by the
Secretary ofthc Treasury Mr. Forward and the
ng officers, and the amount pa ssei and paid.
The question, then, far this office and the treasury
concerned Is not open to controversy 1t has been adj
Indicated by the proper law officer ofthe government
That Adjudication has received the sanction Of the head
and proper subordnaes Of the Treasury Department Like
hnye without question: and upon the author
y of!ha decision, been passed and paid and under the
Of other executive officers of that depart
ment In this condition Of things even admitting The doc
rne to have been originally doubtful one, fully
believe 1t to have been clear decidedly Of opinion that
no accounting officer has a night TO question il.
That such questions IN the department should some
mode other, be setted, all must admit and that when
settled, they should not be unsettled by succeeding
ing officers equally obvious The safety Of creditors
and debtors Of the government requires this The
Of the itself demands a. To have the rights
and duties of either TO vary with the changing of
officers is to leave them In great measure unpro
ected and IN doubt This principle has been often main
aned by my predecessor constantly acted upon in the
treasury and frequently sanctioned by the judiciary,
that has become enyion IN the administration of the
government The gross injustice of different doctrine is
strikngy illustrated IN the present instance. In eil the
.ertihcnc held by the Attorney General be concu
siye and admitted the treasury In lst3 upon a
similar certificate, claim Of the same kind was allowed
and rghn in sA5 Neither Secretary, Comptroller, AUDI
or, any other officer of the government called into
ionht IL was recssed and proceeded upon by the depart
ment ns the scitled law.
The Secretary Of the Senate not advised that change
has the m,Nds Of the accounting off GERS the
contrary 10 good aith he acts upon the assumpton-Con
yress not having legslatcdtha the law remained una
erred and that his rights and duties embraced and pro-
ectod by In this belief he pays s20 003 20 sgon, Of
he treasury, ard then for the first time, told that the
yment without authority, and that he stand
personally charged With the Can It be doubted
hat this fragrant wrong the agent, which just law
be supposed to contemplate permit And yet
necessarily follows from the principle which allows
counting ooers 10 disregard the weeonsdered and settled
practice Of the department.
Finally upon the first question the weight Of judicial au
hoy maintains the opinion that the certificate concu-
,Fe.
n Il