New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-03

and Collector Maxwell" is wilful, out
mgeops lie. and its fabricatOr is a scoun-
arel. Is that broad enough? If it is, up
with the curtain and let us see who the
skulking slanderer is
~LegisIation by Guess ''-The whole Story.
Correspondence Of The Tribune.
WASHINGTON, Monday, Msrch 81.
The gentlemen composing the corps of Enroll
ing Clerks of the House Of Representatives to day
invited me TO examine into the particulars with
reference TO the mistake which occurred in the
NAVY Appropriation bill, which was made the
foundation of The Tribune's article entitled LEG
isla.ion by Guess" and which incidentally con-
tanned charge against Speaker CoBB.
The Clerks of the House naturally feel desire
that the responsibility and blame should rest
where 1t belongs, rather than upon them, and they
also naturally feel somewhat tender of the repu
tation Of the Speaker, who is in one sense their
Chief had no hesitation in assuring them that
The Tribune would gladly hear all that could be
said in the matter; and / will accordingly state
the whole case as it now appears:
The Journals of the House show that among its
amendments to the bill in question was Proviso
that the Secretary OF the Navy advertise the lot
tings OF n new contract I'm place OF the one en-
tered into by the Secretary Of the Navy for toe
construction OF the California Dry Dock. The
Journals Of the Senate show that this Proviso was
stricken out by large majority The pToUaS0,
A0Ctpey, GppeaTss0s part Of the lar. The history
OF the matter is this: The Senate made some
eighteen amendments to the bill OF which this
as one, and sent IL back to the House for concur
renee. Amendments 70 a bill noted by the
ark NJ 4 a hndu in wi Qud mr.
sent to the Engrossing Clerk Of that body, who
engrosses them on a separate sheet OF paper,
clearly and distinctly setting them forth, whether
the amendment strikes out or inserts clause.
The Clerk OF the Senate in this case noted the
amendments correctly upon the engrossed bill,
and sent il to the Engrossing Clerk, who en-
crossed all bat the amendment striking out the
California Dock Proviso. This he failed TO report.
The bill with the Senate amendments engrossed
on separate sheet as usual, went back to the
House for its concurrence. The Clerk as usual,
read the amendments as they stood engrossed,
and the House concurred. The bill was then
sent to the Enrolling Clerks OF the House, who,
upon comparing them, discovered that pencil
mark had been drawn around the California Dock
Proviso, and that the margin contained the note
Of the Clerk Of the Senate directing his Engross.
ing Clerk as follows; Bell strike out-0greed."
Which Of course msans-SeHGt0r Bel m0ved to
strike ont Mis clause phick agreed 10. 1t was
within few minutes of the close OF the Session
lit was an appropriation bill which must not be
lost-there were eighteen amendments TO enroll
IN lightning time upon the parchment bill, and 1t
was yet to receive the signatures OF the presiding
officers of both Houses. To send it back through
the House to the Clerk of the Senate was not TO
be thought Otto fulfil their official duty in the
PRIMES ms:, vas s s Al they yu could do
note appended to the bill was not directed TO
them, and, although they might suspect error
they could only go by what was officially en-
crossed. After the close OF the Session, MI
CoBB was informed OF the state OF facts, out no
rolling clerks insist he was rig ht for two reasons;
because he could only act upon Official lntorma,
tiop from the Senate, and because he had ceased
to be Speaker. ...;.l,,
Their position may be correct, but 1t certainly
seems that the Speaker ought to take cognlzance
of ali clerical inaccuracies, whether they come 70
his knowledge officially or otherwise
As To the other reason, it is at least questlona'
bic whether the Speakers official lie expires
until another Congress convenes. his ranking
privilege certainly remains: ,,o,, r,rrrrp
Remarks.
We do not see why these bubbles ana
eoncealments need be resorted to. The
Clerks of the House did positively know
that the clause in question had never been
enacted by Congress-consequently was
NO law. Mr.. Cobb also knew 1t, as well
as he now knows that the Russell Ministry
of Great Britain recently resigned, and
have more recently been induced to re-
sumo or retain their posts. 1t is ridiculous
to cavil as to Mr.. Cobb's Speakership hav-
ing expired ten minutes before, when the
question concerns a bill which he had
signed as Speaker, and in regard to which
he was appealed to for decision whether
q clause which the Senate had refused to
enact should be enrolled and published as
q part of it or not. Mr.. Cobb did not de-
cline to give any opinion on the subject;
on the contrary, he indicated that the bill
should be enrolled as Il passed The House
which we contend was very grave error
that only what had passed both Houses
was law, or should be enrolled as such.
We regard Mr.. Cobb's error as ono of
judgment only, but very grave one new
ertheless. His friends seem to think so
boo, or why should they seek to belittle or
conceal his agency in the matter!
And now, will the Country ponder
this matter, and Judge what light it sheds
on Legislation by GUEST"
HARTsyiLLE UNIYERsITY.-A new institution
II H. aOfkk svfll Ia lrnfs