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

officer lie is simply made by the terms and phraseology
OF the second section the keeper and custodian 9 me books
aPers end reeoris e e department The examination Of
these two sections Of the of 1888 the description In
them Of the respective duties Of the Secretary Of State aud
the chief clerk at afford clue and reason foi
the enactment three Aerwards OF the law relied on
By the Court Of Claims aud which have read already
Under the last act 732) the person authorized BY the
Prosdsnt 70 discharge the duties of Secretary during the
temporary Disability Of that officer has full power 10
oil the entire department lie communicates with foreign
govern ent conducts the correspondence receives
rails carries negotiations with foreign powesin
word be is tor the time besg the Secretary and head Of
that department. having the powers and incurrug
the SANS responsibilities as lbe Secretary cons,ituonay
appointed.
Bat sir another thing In this Second section find
the words rs1aocGi other rdeancyD Now, what is The
meaning of these terms? Ii refers the act Of the Pres
dent the bead Of The government by his order eecng
an incumbent from his ofce thereby leaving the Office
rey destitute IL viii be thai this act in employ ag
the word vacancy refers To the state Of things
far ~ the Of that department concerned
aa would S.se happened IN The event Of reaoea BY the
deyovts upon the bead clerk become the custodian OF the
looks and records but there his power His duties
enlarged and except in relation the custody
and charge Of the books Of the Office.
To make this apparent, have consulted lexi-
cographers as TO the meaning OF this term yacancyts
the mesnng Of an enactment find The word vacancy
derived from the Latin word racansfrom cdco 10 be
empty ! the state of being destitute OF incumbent;
want of the regular officer TO oiciate in place Hence
tue OF an incumbent vacancy in parish vacancies
in the Treasury War offce
Iacdnt-Not filed or occupied with incumbent or
nossessor as vacant throne, vacant parish
Tacste-To annnI; to m-nv void, 6c7 as TO vaoate a
commission, 10 vacaie a charter.
To make pScant-To quit possession and leave destitute
Nov, sir when look the history Of these several
ac aud th. condition of government In its infancy in
Jee when the first adopted organizing the
Department of Foreign Affairs and sferwatds the Treasu
~ Department followed by the act of 1884, made doubt
ed Dllr of for
discharge of the functions belonging to the head OF de-
partmen when he has been removed taken tenn
porary from the Office il 10 be cir tar that il is
aitogeher unsound to base argument against the
oa cs the cosr in thus the phraeCogy Of the
laws passed at the time TO which hate refst.ed.
But the gentleman from Virginia said that coming down
to the rear l8ls find the ninth Eeeton Of the act o.
tha. yer be another stumbling block the way of this
Claim that section in express terms makes limitation
TO the compensation of these officers That ninth section
regulates the compensation of clerks in the different Off
and the very title of the act shows that the object
enrey confined to prescribing the rates of compensation
for services performed within the strict line of their duty
aud while holding the Office of clerk The ninth section is
10 these words:
"4nd be further enacted, That the compensation al
lowed by this act to clerks shall from and after
the 3st day OF March last and shall be the duty Of the
Secretaries for the Departments Of State Treasury, War;
and Navy Of the commissioners Of the navy and the Post
master General to report to Congress at the beginning OF
sach the OF the clerks they have employed
speusyey, in the preceding year together with the time
paid to each and higher other aloH sha
be made to clerk in the said departments and office,
than those authorized By this and all and parts
inconsistent with the provisions of this hereby
repealed
Now, submit to any gentleman familiar with the rules
Of Interpretation whether without sraining this min
section it can be viewed as limitation or denial of the
right Of clerk additional compensation for PERFORM
duties entirely outside OF the sphere of his ordinary line
duty II is here declared that he shall receive
compensation for his services what clerk in the de-
Partment holding an appointment from the head of de
partnrnt.
But sir The no occasion in this case 10 resort to FIRST
reasonngno occasion to weary this committee b, any
gument framed from thoughts because il is fully
dspoeed OF by the decisions of the Supreme Court OF the
United States and by the opinions of almost every Aor
ney General Of the United States upon cases which have
been submitted him for his decision By decision.
and opinions the rule has become established and it hss
been but followed by the Court of Csims in the decision
of this very
The history of the government informs us that when
General Cass governor of Michigan he performed du
ties outside of tboss enjoined upon him governor Of
Territory and he presented his claim an aowanc.
of extra compensation for such services The matter
referred to the Attorney General for his opinion the
gality of that claim Mr. Writ then Attorney General
reference to that claim, held the following language
His salary compensation services as governor
but the services for which he claims do belong his
governor Michigan Territory and having been EN-
claim for them the principles of qadHtas
ions Attorneys General, vol. 2, p. ls9.
Afterwards sir when Mr. Legare held the post of At,or
ney General be gave the following opinion in reference
claim Of Mr. Young when chief clerk of the Treasury
Department for performing services exactly like those
which the petitioner claims:
In the matter of Mr.. Young claim am Of opinion thai
the Secretary Of the Treasury ad ner appointed by vr
tue of express law has claim upon the
the usual il there be usual, for reasonable coupen
saon for his services in that capacity but do think
he can obtain without appropriation by Congress o
the purpose The act OF 1889 imperative effect
Opinions Attorneys General, vol. 4, p. 10.
This case is identical with that Of Dickins
In similar case Chief Justice Taney holding the cir
cult at Maryland held the following language in the
case of The United States White a al holding two of
fees, and performing the duties Of both
There is no law" said the Chief Justice (which pro
hbits person from holding offices same time
'tIndeed, il often happens that in un
expected contingencies and for temporary the ap
poinment Of person already in Office 10 duties
of another Office useful TO the public
than to bring In officer the duty IL ths
duties OF the second officer performed and the law hs
cannot be material whether they rendered by on,
holding another Office provided faithfully
discharged - Manuscript Opinion, PIP. 5,
In the case Of White, Judge Taney says:
But he is entitled to off the sum Of S532s os for biz
salary as acting purser to the establishment
purser ad cr usually called acting pu-ser To dscharrs
the duties OF purser this establishment the
the public vice elsewhere any other sufficient cause
ed The bound to presume that the power n th
instance that justified m,
OF the defendant acting purser He performed
accounts with the proper officer Washington such and
BOT navy agent and recognised acting purser in the
reports Congress concerning certain expenditures
Die TO that branch of the service The Of Congress
the salary OF purser when otherwise provided for
year AZ the defendant performed the duties
the ONCE and performed them the and in the
scfe OF purssr he entitled to the compensation which the
law has provided for services The thn
he held the Office the fire ran