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


Mr.. TAYLOR. cannot submit to be interrupted any
mo e. Ii consumes much Of my time will read the
lett which the gentleman from Virginia desired ue 70
read 1t is as follows:
DEPARrmENr OF STATS,
Washington, May q, lS2
sn The letter addressed by you to the Secretar Of r
under date the 25th utmo having been subn'e3 oy
YOU that the Executive can step in the matter TO
which relates until he receives certificate from tht udl
cary of the Territory that lie sathorty put down by ns
AsBURY DICKISs. Acting Secretary
To STEVENS I. MASON, Esq.,
a Acting Governor Of Michigan.
W. HUNTER, Chief Clerk.
Now allow me to remark that have not only seen the
correspondence which ausion made by the gentle
man from Pennsylvania, but have the correspond
sace Of McClintock Young as Acting Secretary also ana
trust say If disposed give Mr. Dickins the
benefit Of claim upon quantun meraa against the Un-
ted States he sin could have shadow OF right 10 coz
pensaion if the claim wer, addressed TO The mere ho-
eraty of Congress The only difference which was made
in the position Of that gentleman at amy time by hs APP
pointmenta as Acting Secretary was that ne had au.hory
to authenticate doctimens 1t did not add jot or title
the duties imposed upon him His labos were mol To-
creased his expenses augmented nor was ihere
OF his Secretary the President acted In person. and
the chief clerk Only hs orders as s very manifest
from the letter my friend from Virginia Mr. SMITH has
pargded before us with very different pntpos
And now let refer to the action OF Congress on ID
memorable occasion say memorable for that action be-
got this claim, and many other clams-as the ac,,oh o
~
from the Court of Chains the Senate bill moved by The
gentleman from New Jersey, Mr.. PEsSlNeros will gire
birth to multtudinous the numbers Of the
officers in the various departments OF the government by
reference the Of Asbury Dckns, VIII DE ouhd
that he rendered the different services for which nc claims
from 1880 up TO 1889; that allowance was made 10 MIN
for particular period when the Office really vacant
He preferred claim for the other periods of bis service
under acting ORDERS becase it was The established custom
of the government to make allowance for such services
when the superior office cons,itutOnnly and iegay
filed until lS49 when of these beautiful preccdents
came into being born from the onunctioD, 10 possible
of negligence and good feeling But in that particular
there something of though there Is not
the shadow of one in this according TO my Judgment
The referred TO of this character gentleman
who had been chief clerk in the Office Of The Commissioners
of the General Land Office for thirty yearsope wbo
had old in the public service and who when ne re-
tired from it, incapable of making future lhat
the of John NJ Moore. He made application 10
Congress for extra compensation based upon the
that he had rendered extraordinary services TO The Po
In his day and generation In support Of tina! claim
it claim addressed to the generosity OF tue
shown that he had been chief clerk almost IRON the
establishment of the Department. that he himself had framed
nearly every regulation that he himself had written nearly
every instruction ssned TO the various land Offices through
out the Union that lie himself had done all me
business of that office and, he old and beyond ser
vice. it thought liberal and proper TO give MN COM
pensation Those labors FORTH the regular ana
| ordinary labors of his Office. augHGs r. m
| And what were the ordinary and usual lators of the
chief clerks in the executive departments They write
dispatches they make Investigations they study q1es
ons of international law they stady questions OF puone
policy. That is what they employed for and whe
Secretary head of department leaves his business
perhaps to attend to his own private affairs perhaps 10
attend other portion of the public business or II
happens unfequeny that the Secretary OF the Treas
ury visits important ports, that the Secretary OF War Wis
s important Notifications, and that the Secretary Of
the Navy visits navy-yards) then the policy OF ne
law simply that stop should not be put to The cur
rent business of the Office and therefore authority was
given the President of the United States 10 give some
person the right to act the chief OF the department. in
order that the papers to be signed might be a
tn. nticated and will venture say that not only
fha 6nfiea nj Mr. Dicki anume ted
temporary departures of the Secretary but that they wero
in poin. OF fact diminished He then became the ncum
bent of the Office. lie had TO do his bidding The
responsibility resided where it always doesin the Presi
dent of the United States He acted in person when tho
Secretary was away when 1t was necessary to act at the
time and when there was no particular urgency, those
portions of the public business requiring the exercise
of capacity and the incurrng of official responsbili-
y were laid over be despatched by him bis re-
turn. To my mind it is absurdity to suppose that the
action of Mr. Dickins of Me- Nourse when the Offices
above them filed could ende them to any sd'i-
onal compensation. Our system of government w"vtt
be, indeed imperfect if in its ordinary workinGs c''a
to arise every day from the very foundation a ~
government up to the present time when various paI3
should be called from inferior Offices to perform the fGnc
tons OF higher under circumstances which u sd
their aborl, and gave them equitable claim NJ the
government and yet that provision was ever maze by
law to remedy the injustice ,. a
And Mr. Chairman these claims are not only not sup
ported by any considerations of equity, but u judg
men their allowance is forbidden by every principle of
sound policy Our government ia ofaw; and as was
observed by the committee in their report:
"No acquainted with institutions can be ignorant
that the fundamental principethe principle which the
and successful working OF the whole machinery OF
government depends-conssts in the fact that office
be created right claim compensation for services can
exist under color of Of executive power without
warrant of positive law" ..r. .H..
This passage of the report quoted with appreciation
by the gentleman from New York Mr.. HAvEsJ In his
opening speech Is not this strange when conasted with
his intended action the bll2 What ask is the prn-
ciple involved in making the allowances claimed Is
not equivalent to saying that any superior officer having
the control of snbordnates of various grades
time by the of his will the expendi
lures OF the government without the warrant of law, by
giving right to individuals to claim and imposing
obligation the government TO at time and with
respect to officer two salaries in place OF one That
my understanding Of the proposed action of that gem
teman and of those who support either of these bills
and for one, constrained to raise my voice against
any action the part of Congress which sanctions in
matter what degree principle perncious in ITSELF and
which might be pushed to the most fatal consequences
Countenanco the principle, Mr. Chairman, by approving
these bills, and you not only open the door Hood of
claims of the description coming from every depart
ment of the government which will draw from the treasu
satisfy claims for services which rendered without
any expectation hope of receiving any
pensatoD but you lay foundation for the growth OF
thousands upon thousands of other claims of similar
character In the future know that the gentleman from
New York Mr. HAVEN says claims of this sort can
grow for the future because the act OF 1885, orsootb
is on your stautebook Does not that gen nreman know
that several different periods claimants like these have
beeged Congress and gotten bills of similar character
through; and that afterwards Congress passed acts with
view prevent what upon subsequent calm consdera-