The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-20

another reason-l had the honor 10 De member OF me
Judiciary Committee al the last session, when we took
up and passed bill from The House oil Representatives
upon the general subject OF these compehsatons ana
allowances And we have been nlsiea INTO having an
department which is utterly inconsistent WIN any Jus!.
reasonable fair Interpretation OF the law we nave
passed In that office the usages OF the courts the con
iinued and unboken practice OF the several judicial dis
tcs OF the United States, considered as OF no cohse
quence and system OF Interpretation IS introduced and
put upon that law which renders II uncertain and lnlu
rous and the whole transactions Of those fiscal officers
OF the government in that department are entirely yexa
tious and unjust For instance, that law gives TO the
marPhal for the execution o process, certain mileage
compensation for the distance from the place where the
process is TO be served to the seat OF The court to which
it's to be returned Well sir, as understand the comp
troller preparing ga system OF regulations and rules,
be calls them, requires that the officer shall make oath
that he has actually travelled that whole distance for the
S serSes he
things it intended no such thing u was INTENDED 10 pro-
vide for the payment ppon The whole OF Inc omcer Tor
/ his trouble and services upon tile whole. e
/ Now take for instance my own State. The present
marshal lives in the vicinity OF Raleigh, the seat oil
government of that State He has process 10 execute
300 miles from Raleigh, In the mountains OF North Caro-
lima Now, was it the intention OF The trainers Of
this law that he should get upon his horse with his sad
die. bags under him, or get into hs buggy WIN them
under his feet and ride those 800 miles for tue purpose
OF executing that process Assuredly not He has
deputy there for that very purpose The law does not
require this actual travel on his part before be IS TO be
entitled to this mileage compensation. II would be most
absurd if did. Yet, as am informed the comptroller
requires him make affidavit, that he has actually made
this travel of 300 miles, before he sented to receive his
one dollar or dollars, whatever 1t may be, Tor
serving that process, , .
4 Now, this is nothing nor less than reproduction
of the system of action in that office which took place
some Years ago in regard to the compensation OF sena-
tors-hat compensation which is ordinarily called their
constructive mileage" though very false and mis-
taken term by which TO designate H. We all recollect
that though the act Of Congress upon that subject required
that the amount Of compensation TO which the otfces
and members OF this body entitled shall be certified
h,,, ~ w ri
allowed and passed al the treasury that the hst comp.
roer refused pass. though thus certified the accounts
OF the secretary OF this body And we were under the
necessity before those accounts could be passed. OF put
ting decaraory clause, which had the honor TO move
in this body upon the appropriation bill TO the effect that
such certificates conclusive upon the officers OF the
Treasury Department Of this government
We have now got back to exactly that position and
situation with regard TO the allowances made 10 the mar
shas of the United States. "a set of regulations,
they called prescribing adavs are pat forth by the
Grst comptroller of the treasury, who has no more night to
require such affidavit than he has 10 require that
fdavt. which if made is voluntary one, and does not
subec, the making it 10 the penalties Of perjury.
He must make affidavit before the comptroller that he
has discharged his duiy before he shall be entitled his
compen saion The allowances OF The judges pass Tor
nothing with him; the decisions OF the court pass Tor
nothing with him the long g-contnned practice OF the
governme passes for nothing with him
The sole question then raised by the resolution OF my
friend from Alabama Mr. FITzpATRIcKl ". whether the
amount OF compensation 10 these various officers Is 10 de-
pend upon the law upon the VIII OF the nrst comp
liroer do hope that the committee TO which this Ieso-
luton shall be referred will inquire il i is possbs 10
frame bill-i say {" ii il is possible" for God knows
whether or il is possible for Congress to frame and
pass bill express it's intention, 80 that II Will not be
at naugh and defiance by some construction, or set
of regulations" in the depefiments--o inqnFe u y rs
possible frame bill by which this compensation shall
depend upon the law Of The Unied States and not upon
the will nf some OF the ohcersin some OF the executive
departments OF THIS government
feel myself under special responsibility in this mat
ter | acknowledge my fault ongh, 10 have known
byfnr tho aut yfpfS
chief and every evil that special pleading could into.
duoe into The application OF that law would be intro
duced unless expressly provided against i BY posi-
live enactment has been the this "set OF regu
laions" Of the first comptroller.
Mr. JONES, oi Iowa Il was the third auditor, Mr.
Whiilesey. who established this practice
Mr. BADGER Whether it the first, second. or
third comptroller, it is the thing 10 II is all
wrong, and hope the committee 10 which the resolution
is to be referred will repou some bill by which can
carry out intentions with proper regard to decency
and order.
Mr ADAMS. The senator from Alabama, [Mr.
FiTpATRIcH.1 having accepted the amendment oil the
! senator rom Virginia, lIr MAsos,l his resolution
stands now original resolution, and is open to
pREspS sG 81 fFcPR M P5s'dsn now omen
I amendment
Mr.. ADAMS. Ii is no, nay purpose 10 object TO the
passage OF The resolution. Ii 10 me, however.
that some senators may be aborng under slight mis-
take The operation OF this law They TO treat
il right privilege benefit. conferred upon these
very respectable officers So far il is so. it its true; but
the benefit does Of the treasury of the Uni.
ted States One OF constituents is benefited al the
expense OF the pockets Of many Others. II ia matter
personal 10 every senator upon this hoor and they
nv so far my vote Is concerned put the com
peusslion OF the marsbas and clerks in each State
as high they please II is matter between them
and their constituents. | think myself il should
be regulated by the acts OF the representatives. of
the different States. There is very great advantage
lin sueing the federal courts in the Interior States
cep that YOU may take where man happens 10
make contract with person ou, of his State for an
amount than $780, and give tax fee OF $40 to the
attorney Tor collecting II while II you made the man
himself 90 there with all his witnesses, 1t would cost
him ten times much, and he would get his money
any surely speedily
! offer the following amendment addition TO the
resolution under consideration
"And also that the committee inquire into the ped.
cnoy of aboshing the fee of attorneys where
no tax fee Il allowed by law IN the State courts"
4 The question being then taken upon the amendment
il was agreed 10.
The question REQUIRED upon adopting the resolution as
amended.
The reading OF the resolution as amended heng called
for, j, was read, as follows;
Resotpsd, That the Judiciary Committee be instructed
10 inquire into the espedencY OF amending the act Of
Congress approved the 2sh day Of February. en
tied An regulating fees aud be allowed
clerks marhnls and attorneys OF the ofcuit and district
courts OF the Uni cd States, the conpen
saon of the marshal Of the southern and mdd division
of Alabama also increase the com pc nsalon of
city Of Montgomery, Alabama alec 90 Increase the
OF the ccfts natshals, and
several JUDICIAL districts Of the United States also
that the committee inquite into the expedenoy or abolish
log the fee Of attorneys in States where tax lee is
allowed by law Ia the State courts.