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

Mr. SEWARD Does not the gentleman's view Of the
case conflict with that Of the Court Of olaims2
Mr.. SMITH, of Virginia VIII answer all these inter
ruptions seria my argument proposes to them
commenced in the opening OF my remarks by stating
distinctly this committee that looked the decisions
of the Court Of Claims making primo acie cases that
did not recognise them conclusive that were to-
weigh them and revise them, and decide accordingly We
are court of appeals from that and while woula
give the benefit any doubts might have in favor OF the
courts decision, yet would allow myself TO be con-
troiled by It's decision when il wrong This is my po-
ston and in treating this question, am SO doing with
reference distinctly TO impression OF an error on their
part In their adjudication of this and the preceding case
have no difficulty this subject whatever and have
merely adyerted to IT. because il has been reeed TO oy
others who have already engaged in this debate
Mr.. Chairman propose to trace the various pro-
visions Of law bearing this case. First call the aiien-
ton Of the committee the act OF 1872 That act in pro-
vidng for the organization of the government after pro-
vdng for the appointment Of heads TO the different depart
men gives to the President the power in case OF the
DEATH sickness absence from the seat OF government
either of them to appoint substitutes The appointment is
not with the head Of the departments 1t Is with the Pres
de1t The eighth section of that act is as folowsi
"sRc g. And Be further enacted, That in case of the
DEATH absence from the seat OF government sickness OF
the Secretary of State Secretary OF the Treasury of the
q the W or Of amy oSsr n Of sl'a ss
head thereof whereby they csnpos perform the duties Of
s:ss q The United States II case he shall think
e authorize any Or At his % TO
be appointed until such ABSENCE Sickness inability by
sickness, shall cease Statutes at Large, 2sl.
The committee will perceive then, the fountain
of authority from which these claims have sprung The
President In the performance of his duty under this eighth
section appointed Asbury Dckns in and Michael
Eourse The other the discharge of the duties of supe
ror Offices The appointment was not BY the head e the
acts of the Chief Magistrate of the United States in
formity with law calling these from their inferior po
stons to these high positions and the whoe question is
whether these officers clothed with powers, and hay
ing imposed them heavier responsibilities and gaer
order Of duties shall have the higher the lower salary
No. a. -oxl,. .lca - ~,
gress Of the United States give these zen Astery Dick
ms in the instance dschargg the daes OF Secretary
of State and then those e Secretary of the Treasury and
in the other Michael Nourse performing the functions
the Register CT the Treasury the salary of the higher
the sals.y Of the lower Officer win they call them TO
sure these grave and weghty responsibilities without give
ng them the salaries attached to these posors1 That is
the question: and itappeals tongued the Justice
of this House, and in way that think resist
During the administration of Gen. Jackson Asbury Dick
ms called to perform the duties of Secretary of the
Treasury for hundred and thirty and odd days an
those Of Secretary of State for two hundred and odd
We well know from the evidence before us that he dis
charged those duties with ability and great fidelity and
shall ne during the time he was SO engaged be confined to
the smaller salary
Now what is the objection to this proposition? have
listened attentvely to colleague who contends that
Mr. Dickins is only entitled allowance for ubor-
dnae position and he opposes this claim the ground
that 1t Is novel, If he will turn back the papers which
have been presented in this connexon he will find that
Mr. Dickins was allowed for portion of his service
Secretary OF the Treasury but in that allowance there
deducted the ssary Of chief clerk for the time This
accounts Tor the item of two hundred aud odd dollars
statad in the report and find that similar claims
allowed ia lsoI q have the books before me in 1919,
and in 1850 This claim then is not novel; it has pre-
cedents to vndcae it aside from its merits and JUS
ice; has precedens to yindcae it through the whole
history of the county and in the face these
let me say to the committee that in the of White and
some other party in 1861 the Supreme Court of the Uni
ted States decided that those resolutions ucon.
sistent with the allowance of double salary In the
of Asbury DckDs he has precedent of his own for he
was allowed compensation for his services Secretary
the Treasury for the period of time that he served
SUCH as+-s aHsg. 81
Let me now call the attention of the House to another
view OF this matter The accounts of Mr. Nourse may have
been within the period designated by of these resou-
tions. Not SO, however, in the other case. That was
wholly outside of any of these resolutions unless be the
resolution of 1885, and beg to cali the attention of
the committee to that particular resolution have been
surprised to find that the gentleman who has addressed
you so ably should upon that particular act have mic.
conceived in my view of the subject the scope and effect
Of that resolution That resolution however does not
bear upon the does it it, as has been shown
by the various presidents to which have referred But
the gentleman says that the law of 1889 of character
which 10 conclusive in his view upon the subject.
will read it: ~. 81 H -
And further enncted That no allowance or compen-
saton shall be made clerk other officer by
Of discharge Of duties which belong any other clerk
officer in the any other Department. and no allow
ance or compensation shall be made any
Whatever which clerk other officer may be req ued
perform. Statutes at Large, vol S, p. GAS. \
We all know what that was designed to correct An
officer when in the performances of his clerical duties was
IN the napt OF receiving from the contingent fund the
department In which he engaged additional allow
ance and the object of the to put an end to that
practice, as 1t had becoEa matter of &vuritism But
does that apply in this case? Does that cover this ground
When Asbury Dickns Acting Secretary of the Treas
Qry does resolution which confines its provisions as In
extra compensation to clerks bear upon him? He does
not Claim extra compensation chief clerk but as Acting
Secretary OF State Secretary of the Treasury Nor is
There any proposition to allow him compensation
NOT proposed to give to the chief clerk mpensaton
winch can IN any form be regarded extra but is
pobtu supply 10 compensate
Rotary OF the Treasury for services which this claimant
rendered as SUCH say then, that the act which have
read does not apply to this case.
now come to the consideration of the act of l842 I
vas memoir OF the House when that law passed
ana mao hand in its passage 1t is as follows:.
And be enacted That the compensation allowed
by this to clerks sba from and after the 81
day of March last and it shall be the duty the Sec
or the departments OF State Treasury War; and Navy
of the Navy and the Postmaster General
report TO Congress at the beginning of year the names
Of the clerks they have employed respectively
ding year. together with the time each clerk was actually
employed during the year. and the each
higher or other allowance shall be made any clerk the
sad departments and offices than authorized by this
The whole act is expressly confined to the ordinary
clerks OF the departments IL is attempted in The
parments and accordingly find that il has in no respect
been regarded double compensation 1t respect
regarded as giving two salaries to the person The
Supreme Court of the United States in the case of White
TO which have referred has expressly decided that there
is no incompatbility Then the question IT, what ought
to be the extra compensation Here is definite propo-
son TO be put to the committee II may very we'll become
tue -naking power 10 be disposed to up by the
roots these extra allowances but does that interfere with
nnVv fhaAaa A ~