The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-05

Piled, between him and the person addressing him and
that in consequence of the existence OF such contract he
becomes entitled to compensation for what be does Mr.
Chairman that principle is with respect to certain con-
tracts but there is lawyer that stand up here and
affirm its truth as general proposition To do that he
true principles. H as 49,
There is in law, Mr. Chairman contract known that
Of mandate That contract is in its nature essentially
gratuitous Ii is only asserted by the ancient wri
ters the civil awt is not only recognised in every
system of law established upon the continent throughout
modern Europe, but 1t has been SO recognized again and
again by the greatest judges and the most distinguished
writers known to the common law. II you refer to your
treatise contracts you will find that there is contract
Of mandate between the owner of the property and the
to whom ntrusted it, and that it is ad down in all
the books of law which treat that subject that that
contract is essentially gratutous. Wood will tell you of
the contract Of mandate in his work on the civil law as
contract which is in its nature gratuous aud recoE sed
euch bythe Law of nations Story will tell you OF II in
his work bailmens and elsewhere Kent will tell you
of it in his Commentaries on American law.
Now, Mr. Chairman, the contract and the only contract
that existed between government and its ccers
between government and the agents to whom, from
cessty be nrusted the performance and discharge
of all public functions is contract of mandate 1t is in
its nature essentially gratutous. assert here-and do
not believe hers is in existence here elsevhere mem
Der of the legal profession how slightly
he may be with legal learning who will not admit its
ruhtha in pursuance of that fact which is funda-
mental principle in every government there be no
right to compensation the part of public officer unless
tho law has accorded it, Why who is there that docs
know that in the country from which derive the main
features OF most of our institutions this fact has becu Illus
rated by the uniform practice of centuries In that coun-
try the persons filling the legislative Offices and dscbarg
ing the legislative functions of the British nation receive
compensation for their public services And why is his
Is ii not because no right TO compensation could exist
until it was given by law? Aud is this not equally
true with respect to legislative bodies in this
try2 Would The members Of legislative bodies in the
colonies have been entitled tn compensation whilst
engaged in the work of legislation, if law had been
made giving the right Was not the question whether
they should or should not be paid purely political ques-
nd iftaa1 Stafa
Legislatures to repeal their laws that subject,
woud there be right the part of members claim it
ns due to them by implied contract of the nature of that
which the Court of Claims and members to
think springs almost everywhere and under almost all
circumstances between government and its officers?
And If this be not true then tell why the subject of
compensation is mentioned in the constitution Of the Uni
ted States which declares expressly that he senators ad
representatives shall receive compensation for their
the constitution of the United States because it might have
been doubted in consequence Of the being
of limited powers whether in the face of the practice in
England with respect to their Parliament there would
payment of its members2 # .... "a. ..
When the government of the United States estab.
shed, it intended to be government of law; and
when the legislative power of the nation exerted to
construct the necessary TO the proper working
of all its parts and to provide the unctonares who
to aid In giving motion and efficiency to its action in all
the multiplied departments created for the despatch the
public business 1t allotted what considered fair
pensaton to each Of the offices established to be paid
ed to fill them place were Created and no compensa-
ton provided for the incumbent of be- of course would
have been enttlcdto none; and one called by
his superior officer TO act in some capacity contemplated
by law but for which allowance made by law he
could have been entitled to upon principle. Owing
10 the peculiar character of the general government this
subject is more susceptible of familiar illustration sm the
practice of the different State governments and shall
fer to them although similar illustrations not wanting
in the course of the national administration. 40
The principles lying at the foundation of all State
governments and which govern them in their course Of
administrative action are identical with those which OBJ
tain unda the M hEe not a AZ
not all know that in all of the States there public
funconares to whom the law grants compensation, and
whatever is made? Are not all familiar with the
istsnce Of the militia system Are not all familiar
with the existence Of the school system in the different
States In the militia there hundreds and
thousands of called into the public service for days
and days? Was il ever held by any that they were
entitled to compensation when the law had not granted
it-made provision for it All the funconares
dataries Of the government and the contract of
is in its essence gratntous it necessarily follows that
there be right to compensation the part of any
of them unless the law creates and gives the right
and is upon this principle and this principle alone, that
the militia officer and Others, to whom auson is made,
compelled to servo the public without acquiring any
this by many examples taken from the transactions of
binary life for instance by reference to when
man acts under power of attorney from another and
does acts which he is interested in having performed for
him. but where dreamed that pecuniary OBJ
| legation had been given birth to-
But let me not be misunderstood do not mean to say
there not in which it may only be the duty
the House to grant compensation but where equitable
right exist the part of the claimant against the
government There cases. although the contract of
mandate in its essence gatutous where the mandaary
is entitled to compensation legal right exists in his
favor to compensation when it promised to him by the
government in formal law but when there express
PROMISE he is entitled to compensation il the fact in
istcnce would justify the conclusion that obligation
pay him compensation was necessarily implied from the
circumstances connected with his engagement Now sir
there emergencies in the OF the administration
of the various departments of the government emergen-
cies which could have been foreseen and persons
charged with the administration of the branches of the pub
lie service in which things arise it to their country
take the responsibility" long since gone to grave
once said and when they do take the responsibility and
call any individual to render services which are of
character that would under ordinary circumstances be
paid for them an implied obligation to make that compen-
saon springs into existence; and allow say that it
on that principle and that principle alone that the
which was alluded to in the argument and which the gentle
controversy conclusive furnishing precedent for the
action he proposed to takethat il that principle
that that rested alude the of William Carey
Jones The United States had acquired extensive
ritory There were variety of claims to lands In that
territory in the hands of private individuals The public
were interested in knowing the limits between the lands
which belonged private individuals and the public
man In order to do that necessary be acquat
cd with the laws and usages of that government upon
whose construction those titles depended. There was an
Imperative necessity for knowledge upon that subject and
William Carey jones' in pursuance of the obligation to
which have alluded imposed the head OF the Interior
Department by his official duty requested go and
seek IL out lie was not to sit in his office, Asbury
Dickins did performing additional duty incurring
extraordinary he Wi