The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-05
CONGRESSIONAL.
SPEECH OF HON. MILES TAYLOR,

LOUISIANA,
On the claim OF Michael Nourse delivered in the House
OF Representatives January 80, 1857.
The House being in Committee of the Whole the pr
vate calendar and having under consideration the bill for
the relief OF Michael Nourse-
Mr. TAYLOR said: Mr. Chairman the members who
have taken part in this debate have referred to the
OF Asbury Dckns in connexon with the before
the committee In what have to say shall refer to the
two cases they have DONE The task which is imposed
upon me from my position is invidious stand
here the opposer of the bills which make these allow
The persons in whose favor they proposed are
beyond all doubt gentlemen of great merit They gen.
temen who have passed great length of time in the pub
lie service. They for whom have the highest
respect and they are men in whose favor would be will
ing to do all that could be done by myself with propety
for the purpose OF promoting their interests personal or
pecuniary.
But, Mr. Chairman the examination have given to the
subject presented has compelled to arrive conclu
sion opposed to that sanctioned by the Court of Claims
and which be favored by the gentlemen who have
spoken in favor these bills Before entering on the ar
gument will refer to something which fell but from
the gentleman from New York, Mr. HAvES1 From what
the honorable gentleman sad might infer there
disposition to not allow him the benefit of the fact that the
acts Of 1889 and 1912 passed after the whole claim of
Mr. Dickns originated for that is the claim which he has
taken more particularly under his guardianship For one
have no such disposition. He considers that the argu
ment against such claims must necessarily be founded
those two acts other of the character of that of
1850 which he read to the committee My views this
subject are totally different from his and shall meet him
fairly, and attempt to show that apart from any all Of
such acts there is no foundation whatever for the claims
under consideration % ta. a.h H#. .as8rru#
The question is is there any right propriety in making
TINS allowance? The facts are simply these Mr. Dickens
who chief clerk in the Department of the Treasury at
one time and in the Department of State another pre-
sens claim for the payment in addition TO the salary he
received as chief clerk of various sums which he says
he entitled equivalent in to the salary attached
TO the offices OF Secretary of State and Secretary of the
for the particular periods he had been assigned
to the discharge Of their duties By reference to his
counts will be discovered that there is particular
period of time for which Mr. Dickins was paid the COM
pensaton Of the higher Office That fact was referred to
by my friend from Virginia [Mr. SMITH as conclusive in
favor Of his position That fact, in my opinion author
investigated the facts he probably would have doubted the
soundness of the construction he himself placed it. 1t
has been the practice since the foundation of this
ment when inferior officer has been called perform
the duties Of higher Office at time when that Office
vacant to the inferior officer the compensation of the
higher office h.t s5 a..
During all the periods that Asbury Dickins acted in the
discharge OF the functions of Secretary Of the Treasury
and Secretary of State there but period when the
Office OF the Secretary of the Department in which he
chief clerk vacant In the year 1881 he assigned
b the President to the discharge of the duties OF the Office
of Secretary Of the Treasury AT that time the Office
vacant because of the retirement Of Mr. ngham believe
1t continued several months when It filed by
the appointment of Louis McLane. During that period
Mr. Dickins received the salary attached to the office Of
salary for the inferior office which he really held de-
Quoted during that time and now, MIR. Chairman allow
me to make an assertonand it is an assertion make
after having made an investigation of the whole subject
after having conversed with the heads of the different de-
partmensthat since the foundation of this government
to the present time, there have been more than three
four instances in which there have been allowances of
character similar to those claimed mean al
lowance made when inferior officer assigned to
the discharge of the duties of higher Office whilst that
higher Office filed and those instances were Of an
extraordinary characerof kind which took them out
of the general rule
There provisions of law regulating the payments to
be made to officers in the military and naval services of the
country when those of grade assigned the alb
sence OF superior officers at particular stations posts
perform the services Of grades above them No such
provisions have been made with respect the civil de-
partment but has been the established practice in these
departments when officer assigned the discharge
OF the duties of higher Office and the Office vacant
that he should be paid the salary of the higher Office only
aad when the office not vacant he received add
ona or other compensation beyond that attached to his
| own office. rrt sta.s..e. a.... .
Now, Mr.. Chairman, will refer to what has fallen oH
different gentlemen in the course of this discussion
will atemptto show that they have fallen into the
which they have imputed to their opponents and then
shall attempt to show the grounds which this question
ought to restgrounds of principle aud Of policy which,
in my view, cannot be impugned without danger to the
The honorable gentleman from New York [Mr. HAvEs]
who opened this discussion began by declaring that his
impression would have been against the proposed BILL and
that probably, if it had not been for its being the
ture the offspring of the Court of Claims he SHOULD have
been disposed to vote against it. And be said that he
looked the Court of Claims tribunal of such char
acter, whose action entitled much weight that its
decisions ought not TO be overuled unless they
ifesty wrong He seemed to erect that tribunal into
in He seemed to consider that that tribunal was
created for the purpose of rddng Congress of its
ordinary abOrs that gentleman would take the trouble
to examine the act creating the Court of Claims he would
discover that it intended to be subsidiary Congress-
that it designed to afford facilities to members of Con-
gess in the discharge of their duties when they called
to administer private justice He would have discov-
cred that the provisions OF that act assigned to it the in
vestgaton of the facts and expression of opinion touch
ing the merits of the claims sent to them and that the
court was to report to Congress stating the material facts
which they found established by the evidence, with their
opinion in the and the upon which such opin
ion was founded aud that with the reports, they
also to transmit the testimony in each to Congress for
their decision He would have discovered that from the
very character of the actfom its whole tone and
the court created designed to be inferior
that not to be tribunal merely register its de-
crees but that be the appellate court with pow
revise its decisions and correct its errors. DO .
Now Mr. Chairman, the gentleman from New York
cd regard the decisions of this inferior if they
clothed with peculiar sanctty He declared, in
many words, that they of sacred charactero
peculiar qualtytbat they not to be touched
revised unless they manitesy and fagrauy wrong
Oh If you do not agree with the courtl you doubt
the soundness of their concusonsyou must not give
preston to this disagreement-to this doubt IL will de-
stroy the utility of the court This sir not the prnc
pie upon which appellate tribunals should act 1t is their
court and when they differ from that court is their
duty TO say and their decisions and will
make this simple remark III that gentleman should be
transferred TO the bench of the highest court in his native
Satea station TO which be may well aspire-and he
red upon 1t the principle which be has avowed here he
might stop or derange the administration Of Justice among
her citizens for gentleman of his known capacity and
Of his weight of character be able to clog the judi
cial wheels and stop the OF Justice in the
ner that a powerful horse when harnessed in team in