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

as proper oae as the power of the President assign
the discharge of the important duties specially imposed on
particular ocer appointed in the most solemn manner
known to the constitution To third person. IN the event
or The temporary absence inability Of that oice with
out tho authority Of special law, might well have been
doubted"
Thus they come to the conclusion that this was
properly appointed that his appointment was lawful
exercise OF the power which they concede at last was prop
ery conferred upon the President by this statute Then
that portion of the report which says that in point
OF fact the eighth section conferred the power on the
President of ntrusng the discharge of tue duties of one
office 70 the incumbent OF another Office and nothing
more.p
This is fundamental 1t is not to the "incum
bent of another oice and no more that the fresden.
must inrst these dute Il Is to any person @hom on m ne
cumben surely the Committee OF Claims viii sgres that
the person selected should be paid for the performance
Of the duties And shall an incumbent OF another once
not paid also for the performance of precisely the same
duties Are the services less valuable If performed equal
y acceptaby by hand than they are when
no acceptaby by another handf The committee VIII
not sag so lndtvdaay here however unanimously they
may allege in their report.
Allow me to refer to sentence two more Of this re-
port and then will yield the floor. "afer The most anx
ious reflection on the whole suisca esy the committee on
page 81
Ono acquainted with our institutions be ignorant
that this fundamental princpehe principle on which the
proper and successful working of the whole machinery Of
government dependsconsss in the fact that office
DO created right to claim compensation for sereces csn
exist under color OF exercise OF executive power without
warrant of positive law"
That is true saying, and worthy of all acceptat;on
The posue iaw in this is the eighth section, VIII ch
haze read and cemmented upon The committee seem to
agree, have shown, that this claimant was properly
and lawfully appointed Notwithstanding all their reason
iug TO the contrary but they make upon the proprey
OF payog for the performance of the duties The rpor
goes on:
There is but one possible case in the opinion Of your
mtee in which it conceivable that an implied ub
cation could exist the part OF the government pay the
person temporarily charged with performance OF tho
q
vacant at the time those duties were performed In such
goana for an equitable Claim to the salary Of the office
during tie period the dtties We're performed"
would like to have the committee again ereHec an2-
ousy" upon that and review it. The only logic Of it is
simply this understand it: We shall pay A, because
BIS Office Is vacan, and not pay because he performs all
tie duties of Be oice being herenno duly authorized by
the Presidents commission in PURSUANCE of lsw and when
B, the regular incumbent cannot perform those duties BY
reason OF illness or absence. Sir deny the soundness of
such logic 60 further and at least member of this
committee has gone further believe the gentleman from
Virginia Mr. LErcHEn] approved Of the bill for the relief
of William Carey Jones' and am not quite but 1t
was uon bis motsu il Yas brought back from the Com
mittee of the Whole and passed. That bill was pay for
services performed without any of law The Sec
retary of the Treasury some other officer officers
told Mr. Jones if he would go to the city of Mexico and
look after the land titles OF California among the archives
Of Mexico they would make report to Congress upon the
subject and recommend Congress pay him for his
ices. Ia that case, although there antecedent
Authority waanting the service my friend Mr. LErcHER
hoght Mr. Jones entitled to pay for his services and
voted accordingly But in the before es have
man lawfully placed in the position of Secretary of State
dd interim, with proof before that he did perform the
duties of that Office; and yet my friends committee holds
that he is not entitled TO compensation Why? Because
there was another man ILL or absent charged with those
duties, who conld not perform her can see other
attempted reason III the report
For Theses and various other which will occur
to members in looking into The report hope the decis-
ion of tbs Court of Claims will be affirmed And woui
not have occupied moment of the time of the House
this case Il were not that decision Of that court is 10
question. l hold that whoever this floor, in the
other branch of Congress- undertakes to hold the House
aud the Senate to affirm the decisions OF the Court OF
Claims, where they based on legal principles is dis
charging duty and acceptable service TO the coun-
try. care nothing far this partcu claimant is
concerned is Of cou imateral to whether he OBJ
tains this money not-bu think it is of the last
Importance claimants when their claims have been in
vestgated by the Court of Clams--when written we'll
considered opinions have been made thereupon-when
those opinions are based upon wcll-known legal prn-
cples and the court has fortified itself with the Judicial
opinions of the high tribunals of Justice In the country
and has reported bills accordingly that its decisions should
be affirmed That renders good service 10 his coun-
try who will hold the to the execution Of the
law so ascertained a, so pronounced.
beg the House to understand that not under
taking to justify or uphold existing legislation upon this
subec will join gentlemen in denouncing much Of 1t
loudly they please That Is not the issue now make with
the committee the question now argue The true issue
is whether the Court Of aims have properly construed
existing laws not whether legislation here has been right
but whether the Court of Claims has put the right and
lawful construction upon it. And of that sir have not
doub'.
shall always vote with reluctance against the decisions
Of that court but shall always vote against them when
think they cannot be sustained on legal grounds. will
weaken the confidence of tie public in that court
destroy its usefulness by aiding in overrulng its decisions
in the face and of what believe to be equity sound
law and welleabshed rules of construction Of statutes
hope the House will affirm the decision Of the court and
refuse to in the of the Commtteeo OF Claims
Mr. LETCHER Mr.. Speaker, / have a much respect,
trust for the Court Of Claims, my friend from New
York but have respect for the decision of the
Court OF Claims when that decision is lin my judgment
wrong than have for wrong decision coming from any
other quarter as respectable for intelligence and inte
rity In the present case believe the decision Of the
Court of Claims is wrong; and believing l. in common
with the other members OF the Committee of Claims
Cured in presenting report asking this House
that decision, and to refuse to pass this bill
My friend that he is for disturbing its decisions
where they be sustained legal principles that in
the present case the decision OF the Court OF Claims
right legal principes and that 1t Is the duty Of the
House and Senate sustain it, and thereby give confidence
TO it before the country tribunal for the decision Of like
questions.
He admits the fact that the Court of Claims in this re-
port which they have presented have not only given this
petitioner compensation chief clerk bnt additional
compensation acting Secretary OF the Treasury during
the time that he temporarily occupied that position Does
he maintain that this is rght2 Does he maintain that
this petitioner clearly aud properly under the law of the
land entitled to salary chief clerk and pro pay as
head OF the State Treasury Department. desire TO
know whether my friend from New York claims that this is
in accordance with the lap OF the land ha Mr. Dckns
as chief clerk and acting Secretary should receive first
tion for the time he acted Secretary or, in other
words that he should receive double salary for the time
he was so employed
Mr. HAVEN. did undertake to say to the House that
such was my opinion that is cay where person dis
charges the duties of the office of chief clerk faithfully and
t,r,n I'D Int 4. o-lnxAn IL