The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-22


the whole subject they have been entirely unable
in opinion upon with the Court Of Claims. and deem 1t
their duty assign the which have operated on
their minds and compelled them to express their ndnons
dissent from the positions which the recommendations oil
the founded and then they undertake TO express
their for such dissent and TO some OF those reasons
will now call the attention of the House
They to be impressed with the idea that no person
be authorized by the President TO perform the duties OF
the head of department ad interim unless he be clerk 10
that departmehE
On the third page of their report they say that the
eighth section of the Of May 1872 gave that power
b the power Of the President to select any person or
persons and commission him them to discharge certain
duties" and no other" quote
IL did not create new office, authorize new ap-
poinment to an old Office IT. in point OF fact conferred the
ties Of one eoe 70 the ncubent Of another c and nothing
MORE"
Now, sir this view Of the matter is a mistake, which
lies at the very bottom of the opinion and Of every word
of the reasoning OF the Committee of Claims They say
that the eighth section Of the act of 1902 only authorizes
the President to select man who holds an of1ce to per-
form tue duties of the head of department. when such
head ID unable from illness absence to perform hem
that it only authorizes the President to ntrust the dis
charge Of the duties of one oceto the nmbe Of another
Why, sir the express language Of the eighth section IL
mat he may authorize any person persons He is oy
| whole Union in making the selection.
The committee even 60 further and Immediately below
what have just read, they say
There has not been instance from the passage Of the
act OF l792 to the present time this power conferred
the President [under said eighth section, having been
exercised BY him by the selection Of person not @ - ths
whero hs duties ueFe to Be peormed s conceipabs
that it could be exercised in any other manner"
Now here is great obviousneas of the history and ac
ton of the government
If my recollection is correct during the adminstra
ton Immediately preceding this one, when the secre
tary of State Mr. Webster was ont of health or absent
the then Attorney General, Mr.. Cnttenden was COM
mssioned by the President Secretary of State ad
ferm and some OF the abest dispatches written to the
! Irour rfnfS and ~
to the fllibuserng difficulties in regard TO Cuba
written BY him while acting Secretary of State dg in
term recollect an instance, too when the Attorney
General in an antecsden administration acted Seceta
ry OF War dd Interim and also when the Postmaster General
acted as Secretary of the Interior ad interim think may
add that while Mr. j. O. Adams was President Of the Uni
ted States Mr. Souhard Secretary OF the Navy was author
lied to perform the duties of Secretary of the Treasury du
ring the Illness Of Mr. Rush; while General Jackson
President Mr. McLane, Secretary OF the Treasury,
authorized to perform the duties Of Secretary of State du
ring the absence of Mr. Livingston; while Mr.. Polk
President Mr. Toucey Attorney General authorized
to perform the duties of Secretary of State during the NIB
sence OF Mr. Buchanan There other instances, yet
these gentlemen report that it is not conceivable that any
person could be so authorized except in The
department. and holding an office there.
Why sir if you President and if the Secretary of
State the Secretary of the Treasury should critical
time and when public affairs were complicated and diff
cult be taken ILL and if you, President should fit
not to dispense with his services ultimately but that he
should have to leave the capital for the purpose OF recruit
ing his health ID 1t TO be sd that you would not be at lib
| : -
ment or in OF out of office whom you might deem fit to
| discharge the duties Of the office ad interim9
And when thy regular head of the department returns
the appointed dd interim is superseded and the regu
lar apponee takes charge Of the business of the office
And yet the committee say IN substance in regard to II
that inasmuch as there who il constutionaly
appointed to the Office there cannot be any other
fill that Office Now, it is not necessary for take issue
with them in respect TO that do not claim that this
who was Secretary OF State ad interim appointed in
the manner required by the constitution for the appoint
ment OF head of department-tha h by and with the
advice and consent Of the Senate upon the nomination Of
the President He was however, legally appointed not
for the purpose of holding the office in the usual manner
and without restraint or limit to time but for the pur
pose Of holding IL for the time being rnd performing it's
duties while the Secretary himself was absent Ii is
enough for purpose if he duly performed all the duties
OF the office under the commission in and by which the
The eighth section Of the act Of 1902 empowered the
President to authorize any person persons at his dis
crelion, to perform these duties Now, will any gentle
man rise in his place here will any individual member of
the Committee Of Claims-and see my friend from Vir
gina, Mr.. LErCHER, with whom usually vote on ques
tons relating to the treasury, listening to my
marks and watching for haws-wl he get up here and
aver, individually, upon his reputation lawyer, what
Is said in this unanimous report Of his commteeha the
President could not lawfully authorize any person to per-
form the duties of that post but that be one
holding Office place in the department. Will be under
take to maintain that R the present Secretary Of the Treas
should be stricken down suddenly by some sction
likely prove temporary the President has not lawfully
the power and right TO authorize Mr. Walker the former
Secretary Of the Treasury to perform the duties of the
confers just that power and right and yet the
ing OF the committee in such case if Mr. Walker could
be lawfully appointed he would have to perform the d
ties and could not lawfully receive any compensation
| therefor. submit, sir, it is wholly fallacious.
Now let read from the page of the report of the
committee They say that when the President gave him
such authority (hat is gave the chief clerk the present
clamant the fact of giving 1t did make the claimant
Secretary of State Secretary of the Treasury These
two Offices were created by law and then consu-
ionay filed concede all Of that think there is no
doubt about that They need not have given 80 obvi
GUS piece OF information But right there, the eighth
section OF the act of l792 declares that while these officers
created by law aud constitutionay filed ii the
person filling either Of them is ill absent so he cannot
discharge their duties, the President may authorize any
other person persons at his discetion perform those
duties dd interim aud II tho person authorized does dis
charge them then, every principle Of law and OF equity
and on the decision not only of the Court of Claims
of the circuit of the United States such person is en-
titled to his compensation It is the policy of the gen,
eral government to prevent plurality of ocesto event
any one man from holding two Offices the same TINE
let us so enact Let us declare that nan shall hold
more than one should prefer it, But If that is not
to be the policy then let engagements under
the law il is Although think myself that as mat
ter OF discretion and good Judgment the best selection
which, in ordinary coses the President can make of per
son to discharge the duties of Secretary ad interim is
some leading man 10 the department, who is nc
quanted with the routine of the business still the Presl-
dent is not confined any such narrow and restricted
discretion lie Is at liberty, under the eighth section 10
select the best wherever he find them If Con-
gress however would prevent any from dischar
the duties of two positions legally upon hn-cast
upon him according TO aw-one by the appointment of
the head of the department and the other by the appoint
ment Of the President himset it declare that no man
shall hold two Offices places under the general govern
ment at the me be paid for the performance of
the duties of than Office.