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

believe The head of department or other officer acts
upon his official responsibility Congress alone decide
whether the necessity which he believed exist had any
real existence IT. In the judgment of Congress such
necessity existed equitable obligations even, would in my
view upon the government in aver of the person en-
ployed and the functonary who made unwse or bad
of his official power would not have given rise by his
any rights in favor of the individual against the
government but would himself be proper subject Tor
congressional 1t is only in those cases where the
necessity calling for extraordinary action really existed
that intended to say there was an equitable obligation
upon the government to pay reasonable compensation
Now | have said all wish to say that particular
question The principle is clear one aud the decision
Of the Court of Claims is msnesty wrong that think
the honorable member from New York Mr. HAVEN ought
to be satisfied But before going let me say that the
decision of the Court of Claims has been overruled by the
Senate as believe 1t will be oyerruled by the House The
Senate when the bill from the Court OF Claims came before
it, repudiaed the principle il involved and Its committee
reported new BILL giving, instead OF the remarkable
amount recognised as due by the Court OF Claims the d
ference between the salaries of the lower and the higher
offices alone. That decision in opposition to the
Court of Claims But sir am not one of those who favor
halt measures for one notncned when called upon
to review legal decision which find wrong stop half
way when decide my disposition is to decide the cues
tion before understand it. The decision OF the
Court of Claims is right, it is wrong II it is right
would affirm it. II regard it wrong, shall not minco
the matter and be too Dealy to say 80 For my
self clear in this: Mr. Dckns is entitled TO all he
claims upon legal principles he is entitled to nothing
would vote for he bill as it from the Court o
Claims if for either.
But now-for do no. intend to weary The committee
will speak TO the other branch of the matter. Is Mr.
Dickins Mr. Noare entitled any compensation The
principle is that all the agents of the government mat
in what position, simple mahdaares they only
entitled compensation when it is granted by law, The
gentleman from Virginia seemed TO think that he had dis
covered out of the principle when he alluded to
that of Vice President succeeding to the presidency
For myself if had sought for illustration of the prin
cpe should have gone there The constitution OF the
United States provides that in certain contingencies the
Vice President is be entitled to dowhat2 Discharge
| tba duta ofth tha at He
the President and it is in his character as President nn
der the constitution that he becomes entitled to the com
pensaon which the law has attached to that place II is
precisely the with respect to these houses OF Con-
gress ...a.... . A..
Mr. SMITH, OF Virginia. would ask the gentleman
from Louisiana if the Vice President of the United States
should occupy temporarily the position of the President
would he allow him the full salary OF the President
Mr. TAYLOR. The constitution of the United States
shall succeed to the Office of President If the gentleman
had read the constitution with exactness he would have
found that there another clause which says that In other
cases provision sba be made by law Now, when the Vice
President succeeds the place Of President he entitled
to the salary attached the office by law if the President
is dead has fallen into such state of disability that the
office is vacant. ..'.'." '"".
Mr. SMITH of Virginia The clause of the constitution
referred to is as follows a. ...as. a.t.. aag
ain case Of the removal of the President office
his death or d,ae to dGharge ne WEI v ana
Presiden and the Congress may by law provide for the
Of N aae ar a ha
then act as President aud such officer shall act
until the disability be removed, or President shall be
elected" 8 w. af ra. n# ....ta.s. K. EU.N..W a-
So that this question is, suppose this disability exists
and the Vice President takes his place pro empore, what
salary would he be entitled TOT
Mr. TAYLOR The language of the constitution is that
in snch and such conngency the Office shall desolve upon
the Vice President When il does so he would become
President in fact and if there any other case it would
necessary provide for by law because there be
no money paid of the treasury unless in pursuance
legal appropriations and there can be no claim unless bt
/ founded upon law, a 5 t...
\ Mr. SMITH of Virginia The Vice President performs
the duties of President when the constitution devoves the
office upon him. So also does the person under consdera
on perform the duties of the higher office when the law de-
wolves 1t him aud then he Is entitled to the compen
\ sation of that office D..
Mr.. TAYLOR. When the office of President is ode
voved the Vice President in either of the contngen
ces contemplated by the constitution the person who be-
fore filled the presidential Office longer either de aec
de jure fills that Office. Another person then fills it.
The law has attached bat salary to the Office One
person only the time have right to that sal
ary and when the right to it has devolved upon the per
SON who before Vice President accessory aud
compartment of the presidential Office, devolved him by
the constitution there would bethere could be right
the part of the former incumbent Of the presidency
any money of the treasury of the United States unless
provision had been made to give him salary by specific
law. .a
i had intended to touch upon that subject. My friend
from Virginia Mr. SMITH only jumped ahead and as is
wish to touch is this is Asbury Dickens entitled
to any compensation under the circumstances of the case
All nandatares as have already remarked are without
any right to compensation unless the law accords it. The
law gives certain salary to the heals of these depart
ments and the constitution provides how those offices sha
be filled, in particular manner So long as they are filled
according law under the authority of the constitution
the incumbents alone entitled TO receive the reward
which the Jaw gives those occupying the Offices Mr.
Dickins and Mr. Nourse neither of he in any
either Secretary of State Secretary of the Treasury
Register of the Treasury They held certain offices to
which the law attached certain compensation. Long be-
fore they filed either of those Offices the law had provided
tha
cumsances should be authorized to assign particular
dviduais to perform all their duties
Il Mr.. JONES of Tennessee would inquire of the gen
emau he inform the committee whether Mr. Dickn
recognized Secretary of the Treasury by being
called into the cabinet counci2 Did he give any in
strucoDs did he perform any duties as Secretary
except the clerical duty of filling up commissions
l &c.7
! Mr.. SMITH, of Virginia I can answer that question
He did, and here is the evidence of it in my hand. ask
the gentleman from Louisiana to read it. BEL"
Il Mr.. TAYLOR. The chief clerk in each of the depart
ments had certain duties to perform He not copy
ing clerk He not clerk to perform any Of the ord
nary duties imposed ministerial officers Before
the creation of the offices of Assistant Secretaries few
years snce and time subsequent to the removal o
Mr. Dickins from the executive departments in which he
served long, and with such credit to himself the chie
clerk in the departments sort of Assistant Secretary
Ii portion of his ordinary duty to make out the
State papers of the department. aud it is well known that
in point of fact the chief clerks made out large portion
the State papers when the Secretary bmsef in his Of
fee and at the head of his department.
l Mr.. CADWALADER AS shall probably vote with the
gentleman from louisiana Mr. TAYLOR feel self
strained act of justice say that he is in my opn
op entirely mistaken in bis of the character
value OF the services of Mr.. Dckns public officer