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

The committee proceeded to consider bin &c c No %
for the relief Of Michael Kourse
The bill directs the Secretary OF the Treasury pay TO
Michael Nourse the Of 81 s27 30 Of any money in
the treasury not otherwise appropriated compensation
in full for his services acting Register of the Treasury
al various times between February l6 1890 and May 2
ls47 both days inclusive
Mr.. STANTON Unless gentlemen know reason
to the contrary hope the committee win recommend to
the House that the report OF the Committee Of Cme e
concurred in. understand that The Court Of Claims de-
cided against IT,
Mr.. LETCHER. The gentleman from Ohio is mistaken
This Of Nourse s exactly the sort Of as
that of Dickins which under consideration here
few days ago and the Of John Robb lie another
OF the fame sort II is for extra compensation TO elis
clerk for the performance of higher dute think that
perhaps the committee had better rise and let into
the House and continue the discussion this claim OF Dick
ins that bill passes then imAgns THAI all the Others
will follow a matter of course
Mr.. McMULLlN. ! would suggest 10 my colleague the
proprety of allowing this bill TO pass for the present
until have full House and full discussion the
principle involved only in this bi but in the bin of
Dickins which the gentleman reiers IL the principle
be established in the case it win apply TO all the other
would suggest therefore, to my colleague and the
committee allow this bill pass informally and
that proceed the other business the calendar
Mr. GREENWOOD. would suggest to the gentleman
from Ohio TO monty his motion in order that we may 60
Into the euse and consider ths claim Of Dckns and move
that the bill be laid aside 70 be reported to the House with
recommendation thai il do not pass
Mr. WALKER What is the pending question before the
uommittee2
The CHAIRMAN The motion of the gentleman from
Ohio to report ths bill TO the House. with recommenda
| ton thai il do not pass.
Mr.. WALKER is il in order to discuss this bill
The CHAIRMAN. II is in order
Mr. WALKER avail myself or the presentation If
this bill before the Committee express the views which
have formed to what should be the of the House
in reference TO this and similar claims from the Court Of
Claims IL had been my purpose TO say something in ref
erence TO the case of Asbury Dckns | have not
ned the report in this parcusr Of Michael Nourse
but understand that far questions Of law are
cerned it is similar to that in the of Dickins-
In latte
in the report of the Court of Claims and the report of the
Committee of Claims Of the House. To show the applica
row under consideration to that of Mr.. Dickins will
read the report of the Committee of Claims of this House
In reference to Michael NourSe The whole report
sss in the statement that the case involves The same
question that Of Asbury Dckns and the committee
on the same grounds now recommend that this bill do not
1 PASS
This being So much that have TO say win be in refer
to the Dickins and in entering upon its discus
sion governed very much by the considerations
which influenced the gentleman from New York, Mr..
HAVEN when be addressed the House days since in
its favor The House will recoect the point in issue be-
tween that gentleman and the gentleman from Virginia
LEroHE who then appeared in support of the report
OF the Committee of Claims and the House will bear in
mind that the centest between these geemen grew
out OF their different interpretations of some of the
Tbs genterasn from New York bases his argumen, in
favor of the claim of sbury Diekins on the act Of 1872
The gentleman from Virginia contended that under the
of 1885, organizing the State Departmenthen called the
Foreign Department-and under the passed in the
year organizing the Treasury Department and under
subsequent acts in reference to The compensation of officers
the principle s clearly established that there justice
actr, with few brief comments their phraseology
think il will become manifest that the argument decided
4 ly in favor OF the justice Of this claim
But before commence commenting these statutes,
permit say that il 10 that this is ca for
the careful consideration Of this House because il one
which they viii establish precedent for the conduct Of
future Congresses in reference to the action OF this Court
of Claims II is needless enter into all the causes
which gave birth to that tribunal During the session
did SO at length Suffice it for the present fay that
one OF the great purpo sought to he effected by The
ganzation Of this court provide nsrumentay
for the disposition of class of which owing the
delay in their investigation had become 90 to speak an
opprobrium TO the government and Just ques-
oning its integrity and its justice The establishment
the court was also looksd upon putting end
country the "lobby interest These considerations in
duced the last Congress 10 bring this into being and
seems TO me that we now called on by the highest
considerations of public duty wherever we without the
violation of ceary and welIseted legal prn-
4 ciples, to lend support to the Court of Claims.
Promising thus much proceed to the examination Of
the several statutes to which the attention of the House has
been called by those who have entered into this debate
The act of 1892 governed the Court of Claims in the in
vesgaton of this matter The act s to be found in the
LIST volume Statutes at Large 2f9 and s entitled An
act making alterations in the Treasury and War Depart
ments" The eighth section Of that act is as follows
:" SEC. s. nd be further enacted That in case Of the
the Secretary Of State Secretary Of tho Treasury or the
Secretary Of the War Department of officer
oil the SAID whoee appointment In the head
spective Offices it shall be lawful President of the
United States in be shall think
ze at bis discretion
duties Of the said respective Offices until be
pointed, until such absence hsb hy BY sickness shall
Il cease"
II will be by this phraseology that in exercising
this power thus conferred the action of the President s
not limited to the ncumbents in these departments He
had right by virtue of this law to his eye the
whole Union and select person he might think proper
for the purpose Of dischsrgng temporarily the duties of the
chief of either of these departments and let look for
moment at the act OF July 81 s9 referred and relied
on by those who take opposite view from 1t
titled An act for establishing executive department to
be denomnsted the Department of Foreign Affairs This
s now called the State Department read the first sec
ton of that act (which has heretofore been called to
the attention Of the House for the purpose Of showing that
IL is alessenal to correct understanding Of this case
ecutve department TO be denomnated the Department
Foreign Affairs, and that there shall principal officer
therein to be called the Secretary for the OF
egn Affairs, who shall perform and
shall from time to time be enioined ntrusted
the President of the United States agreeable
tuition relative to correspondence nsruc-
tons to with public ministers consuls United
States, negotiations with public foreign
foreign public ministers other Foreigners such other
matters respecting foreign affairs the President the
ted States shall assign to the said department. further
that the said principal officer shall conduct the
Of the said department in such the Pres-
dent of the United States shall from time time order
instruct"
This section provides for the appointment of the princi-
pal ocer of that department and also provides be
be subordinate the orders and instructions of the Pres
dent coners on him the whole conduct Of foreign
\ affairs
In the second section relied by the gentleman from
\ Virginia Mr.. LErcHrB, we find the following.