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

The United States Of p,srca Congress assembled, That
the proper accounting officers Of the Treasury Department
with and allow to Asbury Diekns late chief clerk in The
Treasury Department and late chief clerk in the Department
of State for the time he discharged the duties of Secretary
the Treasury Department Secretary Of the Department
Of State by appointment from President Jackson, the
those departments deducting therefrom the compensation
received by the said Asbury Dckns chief clerk Of either
Of those departments during the tmethe same to be
paid Of any money the not otherwise apPro-
priated.
Attest: ASBURY DICKfNS Secretary.
Mr. LETCHER lie has already received his pay chiet
clerk under the law That we have nothing at all 10 do
with. II there law authorizing him to receive
pay Secretary Of State Secretary of the Treasury
pcaon therefor would have been made at the time under
the law the money would bave been paid and we never
should have heard of this case in the House
Now let proceed On the 9th day of July, 1889, the
organize the State Department and the
zng tho Treasury Department passed Ia the second
section Of the act establishing the State Department is
There shall be In the department inferior officer
to be appointed by the said principal e0icer''--
That is, the Secretary of State
and to employed therein he shall propcr and
ala wfstessr the said principal ooer siaa Dc rssed BY
the President OF the Uhtea stses or In any other Of
vaeaacy"
Mask tht language
any other of vacancy, shall during such vacancy
papsys Pope s f % ds she said department" pa
Now, sir when there is 5aH Of Tie department that
head is be selected by the Preside Of th5 a States
That head department. is admitted to ihe council ooan
CT the President and to be consulted wi regard 10 mat
eis appcrainihg The Legitimate duties devoysd oa thr
President Of the UuiAd States. Now, Should IKE 10
know Of my friend from New Yorki when Mr Dekns, un'
der any OF these temporary apponrients was ever
called 10 the council board o! the President there 20
consulted Secretary of State If he was Secretary of
Statef s oceupied that relation at the mer he is en-
tilted TO the emoumens sinng 70 that ohce ne y
entled also be consulted at the coercif bosrd end 70
ba the repository OF the trust which is incident 10 the os
on Of the head Of the department. and which attaches 70
1t egiimatcy Will be pretended that atany time when
e was servlog such temporary ofhcersometimes one
day tomeitmes three dass sometimes days. and some
times for longer pefisd @ TEMPORARY hsad-hs as heaa
board OF the Pesident that the President nns ever
attempted introduce him there in the capacity OF cSn
sluonaI adyiser2
Mr.HAyEN If the gentleman desires an answer, !
will cay that tie eighth s-cen OF the law says that he
the Pesident-msy select any ferson persons to dis
charge the duties Of that office IL the dutiss cf the Office
required him enter the council chamber have no donb
he discharged his duties in that respect There is no proof
to what particular duty duties he discharged lie
performed all the duties which devolved upon the Office
He Secretary of State for the Time being, sharing in
the responsibilities, and entitled to the emouments And
let say that warrant ssted BY him as Secretary
of State would have been perfect protection TO the
who acted under il invoked its authority to pro-
tect him, the authority Of any who held
the office by beirg coustutonaly appointed by the Pre-
deut by and with the advice and consent OF the Senate
Mr.. LETCHER shall get 10 that eighth section after
while have not got that far on in my remarks yet
but want to know if all these things were done by him.
why is that all the evidence is not upon the record to
demonstrate The fact and to show that he really per-
frned every duty which egmatey attached to the Sec
retsry of State, or the Secretary OF the Treasury
Now, sir take issue with my friend from New York
upon another ground There law which authorizes
the President of the United States TO dppoi any man to
Gil vacancy you will look the of tho section
to which The gentleman has referred ia regard to supply
ng temporary vacancies, you will find that the terms
aaorjgsd in the absence Of the head" ars used and no,
the "appon'p Now, what is the OF the rule
It simply this il the Secretary Of State Is absent for
day two for week from sickness other cause
there papers to be sigued there writings to be
cued there TO be supervision over The entire Office
and the purpose of protecting these papers, Of
tanning whether regular discharge OF duties has occurred
in the tim and that there may be some one to sign
and papers in the SecretaryS absence that this
power is given to the President
Now let look the act organizing the Treasury De-
partment The mst section of that act authorizes the
President
the head Of the Department Comptroller Auditor a
Treasurer Register and Assistant Secretary Of the
Treasury which Assistant shall be appointed by the said
Secretary ofhe Treasury
Let us see what are the duties of this Assistant who a
nothing than the chief clerk In the seventh section
IL is provided
whencver the Secretary of State shall DO removed from
ocs by President of the United States, amy other
rocancy the office OF Secretary the assistant
during the pacay have the charge and custody of the
ords books and papers appertaning to the said Office
Mr.. PAINE From what act does the gentleman read
Mr.. LETCHER. From the act of September 3 1882 /
will 20 with my historical reference to these acts The
act Of May 1892, contained eighth section in these
words:
That on the DEATH absence from the seat of
sickness of the Secretary OF State, Secretary Of the
ury Secretary War Of officer OF
either of said departments whose appointment not in the
head thereof whereby they cannot perform the duties OF
their said respective offices it shall be lawful for the Pres
dent of the United States in be shall think
To do what2
o authorize any person persons at his discretion to
the duties the said respective Offices until
be appointed until such absence inability by ckues
shall cease"
Now ask if it is not apparent from the very lam
guage employed in that act that it not intended to
comm another officer take his place. and be
titled his pay and emouments while the pay and emolu
of the Office going the other officer during his
ahsenco2 Phere was vacancy in the case twas moth
ing but temporary Tho ohce still filled
and while it still fitted You authorized another do
the duties of the Office which was then occupied by one
who merely absent for the lime being. Then when
they speak of giving the President authority to select
indsiIual during such temporary absence, they do
give him the authority which Is conended for by my
friend from New York. viz 10 appoint another Secretary OF
the Treasury another Secretary of State both of those
officers at the time drawing from the treasury their
regular salaries 1t intended merely TO supply that
absence and to furnish individual TO have charge OF the
office in the time order to preserve the records and
papers, and that the duties Of the Office eg
matey and faithfully discharged, merely by afxing his
signature TO- autheutcatng propsry the necessary
keep the regular business OF the department
During the administration OF Gen. Jackson, occurred
that appointment made of Secretary in the
poray absence Of another to perform the duties of the
grew up by which the temporary occupant of the Office
allowed receive pay the additional services