The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-10

Now sir IL the act Of 1883 is clear and explicit
submit that there be no doubt about this set Il de-
su csrk or other ocer matter what the character o
the officer rslcsher be clerk disbursng agent
whether be holds ay Other posu9a y under iss
10 auy other clerk ocsr In the same or any other de-
partment whether he be register above the chief clerk
or whether the Secretary of the Treasury above NE
chief csrk No matter what bis position may be- he is not
20 receive under any preiext whatsoever ussie sny
eorpensaion serces which be may Aegs ne mas
discharged which he may be able to show ahA s aas
Mr. FAULKNER asked question entirely inaadiele to
MIR. LErCHEH Certainty and bat jasf read 10 my
colleague that portion their report which shows that
they hare actually given hlI pay for one hundred ana
OF the House the fact hs II is insisted upon that
the Judgments the Court OF Claims TO be conclusive
and that the Committee Of Claims are 2 be o,sIrulea
s Of Claims have heen faithful in The discharge OF
their duties be considcied having hen over OBJ
rbe law aud whether for that Observance OF The
Law they 20 be put down IN order th.s oour,
may be whose Judgment Ia rspsb ~ dis~grro
OF two laws upon the siaute-book.
But, sir the law says:
mNc allowances or compensation shs be made 10 any
clerk other ocsr by Of the discharge o. dstiee
which belong other clerk officer in the same o. any
other department.
And now mark what foows-ss If this was not broad
ehorsh-as there might still be doubt In the mind OF
somebcdf ~ regard to IL 1T goes on to say e
And no aowsnss compensation shall be made for any
extra services whatever which clerk or other officer may
be required to perfor ln.'
Mf.ToDD. What is the date of thai act
Mr.. LErCHER. August, lS42. The act previously
read was the Of March, and Subsequent TO the
passage of the of l8S9 the Court OF Claims have al
and twenty-five days service while he was chief clerk
But my friend from Alabama, in his argument produces
the show that The Presdent Of the United Satef
under the OF the actccatng the Treasury Depnrtrn
select either chief clerk other whom he
may find all the limits of the United Stats, and commits
sion him TO the performance Of dues d Secretary OF
pfG v,ft the %
Suppose the President of the United States were TO select
my friend from New York Mr.. Sissoss in the temporary
Treasury ard commission him Secretary, and invest
him with full poss, to discharge the duties devolving
upon such Secretary, and ne should go INTO ONCE and
when the Secretary returned and demanded his piece the
gentleman appointed should resc TO yield up the oce
which he may have been assgnednow should like to
know who would be the SECRETARY that state OF the case
should like 70 know bow the gcnema. from New York
worio be got OF the Office unless by aouai dmis
sal from The President and The reuyroinnsnt or ihe old
officer 7 H6 Aa&*
Now let me carry m lusiraiion litfler further Sup
pose that of Congress rapidly approaching and
1t is necessary to have the reports OF tbs pre-
pared Congress which would bs the report OF
the Secretary of the Treasury maintain thai lie gen
tleman from New York would he Ihe Secretary y--tbst
conId be oherwsand that there was Therefore VIE
dom is using the terms Law CREATING the Treasury
DeJ when they said that he Should be dcn
Secretary Of the Treasurf but that be should aporise
chief clerk other person, during temporary
sacancy perform the dute Ii shows the reason OF tbe
whole affair. 1t shows that il was never infended TO oe
Charge clerical duty IN the absence Of the sccreary o.
the 3reasury sickness other that
may withdraw him temporarily from the Office
But my friend from AlAbama tells that Attorney
General Of the United States pronounced an opinion IN
behalf General CAss when he governor Of the Ter
ritory of Michigan aud claimed extra compensation for
recollection of that mysf; took small hand IN tbe
presidential when General cAs as candidate
ior the presidency, and have recollection now that
went on the stump on any occasion ia whicn some
wbig did pitch in fa that extra compensation be-
fore got through with the discussion The whole wing
paft- was committed against H. But strange to say
here my freaa from New York Mr.. HAsEN one OF the
leaders Of the old wg party saong the party OF extra
compensation relying upon General CAsss as conclu
sire in regard TO il and basng bills behalf Of Mr. Dick
| ins and Mr.. Nourse on that ground.
But Mr.. Chairman, have, perhaps occupied more than
my share time the subject of AsbuIy Dickinss claim
l shall not occupy more lime upon It designed
merely present my views properly before the House anu
70 present this claim properly SsiGs ,ns
tee condemn the Committee OF Claims for asking s
House not to rusain Judgment Of the Court oil Claims
in papabe violation sccording 70 my nndersapning Oh
4 the acts of 1859 and lS42.
\ Mr. rMITH, of Virginia Mr. Chairman desire TO sub
NIT remarks this case and in doing 20, shall aa
dress myself mainly for the principles are eotnewha ne
same) to the case of Asbury Dckns- should not oe
concerned in this case by any means u We're MOI ne
Of the committee this subec may perhaps have
a material influence on the other.
In the first instance Mr.. Charman, desire 10 have it
distinctly understood by the COMMITTEES thai have 90
earthly interest world in the In social
sense rise to speak on this question in the performance
of what deem 10 be my duty In reference 70 the cour
of aims mean simply to give its decisions primo 5ace
advantage in the consideration OF all cases fspre hi
House. do regard its action controlling
or conclusive by any Ii would be extraordinary
indeed il the action o that court to be hna when
may embrace in its decisions large amounts, and when
6naty only accorded in other extraordinary cases 10
the Supreme Court OF the United States ITSELF have lis
teaed with great deal Of attention to the argument OF
my colleagse, ss always do
4 Mr.. LETCHER By the indulgence Of my colleague,
desire to cali attention to position taken BY my friend
from Alabama Mr.. WALLER under the act Of 1852 he
tells you that that act not intended 10 embrace the
chief clerk that only intended 10 apply 10 others
that that merely imposed upon the Secretary OF state
and the Secretary OF the Treasury the duty OF report
ing the House the number of clerks and the grades OF
raary Now il the gentleman viii turn to executive doc
OF the second session Of the Congress-
volume document 80 he win find that the Secretary OF
the Treasury his report with the OF AS
bury Dckns chief clerk, and with the amount OF his
| salary.
1 Mr. SMITH, of Virginia | was about stating that
had listened senvely usually do the remsrks OF
my colleague and regret TO differ with him on this
question, hsrmonzng do generally in all the views
and conduct which be displays efficiently this floor
The proposition the committee understand, tfor sup
pose the amendment is offered to this bill was Of
fered IN the Of Asbury Dckinsf not, shall offer
IL between the lower and the higher sslnry In the
of Asbury Dckns ii is the difference between the al
owsnce made him chief clerk of the Treasury and State
Departments and that which would he allowed him as the
head OF those Department. In this II ID The differ
ence between what allowed Mr.. Nourss chief
clerk in the Registers department and that which at
ached the Performance of the duv Of Rsgistr That
l. question wish the committee TO understand that
IL proposition, has been argued to allow both