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

HIyen TgcLer Le House of Ren-
reseatatioes Saturday January n 1851
The spp Aupp ....., !, ~ -
ure ON tb .na' .ne hsat OH - ., P,isa M ma
ysl;sf ~ A aoe was pl ". y. NO. loe we
th c;s,"a ~ @ wn,cn nad peen reported nom
| ,h, @ ~ lue more HOUSE. win tue recomenda-
IN Mr. ~ AaavTN = pe ieJT,eu. TasL -.
sbh M VI Siaims Peceullg lnis on tue caieuuaf
W pe iepor'eu " 'ne nouse, MIN .ne
and snas ,ne o. 'ne court DC anea
M .o9cve opr W. sney ougn. 70 oe nfst aeteu on
o ~ IAhhu. ine Ona,r presented tnis 70 ,he houss
~ r ne saPposiou .as uis ought 70 oe nrss ac'ea
auVe'e fepors VIII 'hcn pe aken up 'or con-
NJ IL avrN ,, c, 80
\, i. Ia Es' p'r opeaher want the attenuoh OF the
noase only aiew moments IN reference to this bill have
~ ~ .ul III e, N ule alount proposed 70 DC sP
ol .le person 20 wno ~ is 70 ne PAID MY
ny aoh ior Iouong ,ne house - because Oh is con-
Ae1igh AZ win ~. 'nS Sour. ~ OiAims
,s ~. 10 I.'eu ner,sle ~ .ns uiscusson o. private
~ ou. nave peen very careful Y watch the decisions
ouf m, ~ al eases Wnch nave oce undsr its con-
@ h lug aseiulness o. tnat cour, lnk depends
/, ~ All a 49, 49,; ny iuesuoi ~ne'nsl oonglssS suS'ains
~ T ai is aecisions tnat are IN accordance with law
a.s nus peeh pe'ore tnas court-has oeen tnore
W upon ,nu INV anu ne iae ana Una. gour,
I | ~ Soneless tnat ,ne Pe,oher IL, upon egai
TIN ~, y pies, en.i.ieu 70 tue rellei ne ciaime.
OF she Court OF Claims mas oeen referred TO
un,oJ nnin;e y Uns, ana nal conm..eo nas IN
e uec'slon o. me court ana mas ior us rendered
~ M 70 us hat we oVerrule 'ne deci
oI u,n =, sne soa,e ~ n
ontss ,e court OF Ciams decides entirely and clearly
t ~ aoi-s.lueu PIinc'pes o law, noid that tne
Puu1 ~ nereS requires that we alnrm us decisions
should not have scronized the opinion of the COM
mittee very closely and think very probably should
a.s WIN tne coMmitee pu' from my interest
AZ ne COURT naVn9 peen eu 70 look more carefully 70 It's
s, ee.neu 70 Us "a THIS case ana also INFO the al.
oumpteu review oi tnat decson by the ommittee OF
sa M tney declare eei bound 70
s MINK the court egay Technically right IN i's de-
cion as the law now IS and so far as am enabled to
Judge me Commtee OF Claims is clearly wrong, and in
VI course make his statement with entire respect
.
having come % TINS conclusion hope the House will
gran, me i,s atennon Tor rev moments In considering
The Committee. ' ''ui' 'i1 NV ''''0nns y
" T ., me- s,srt hu ,.;, - 49, u,,,. a.. A..
f ~, ~ 70 lne rouse that tne Claim Is
1aan s na Ga MI ysais agoas long ago as
lsoo unoer Genera Jacksons adm'nistraon-was Chief
CLERK IN the Secretary OF States Office and at another time
during the same administration, chief clerk in the Of
nee of the Secretary of the Treasury While he such
cne clerk IN tne secretary OF oc and discharglng
under lis hnud and seal duy Commissioned him IN 80
val ana 5;prst a1ons y ussnr, t d,;s @ ~ =, g a.
a,rx af Sata :; " p.io .pe LUIS VI oec
y - 80. - ~ m ~. pne ue, an " 'eoiotaiy VI ',e
absent from the seat OF or sick SO they
could perform the duties of their respective Offices
and it is for the purpose of recovering his compensation as
Secretary Of State ad interim and as Secretary of the
Treasury dd interim on those occasions that this claim
presented by Mr. Dickns
Now sir this whole question arises under and is dis
posed Of by the 9Th section of the of Congress- passed
in l792 1t is purely question of law and is to be de-
cided by the stautes Of the United States
Mr.. SIMMONS desire 10 ask the gentleman from New
York whether the Court of Claims deducted from the com
pensaton be paid this man. his compensation as chief
clerk
Mr.. HAVEN No. it did not desire the House to bear
in mind that this claim based upon the hypothesis that
the claimant is entitled to compensation as chief clerk
while performing the duties of chief clerk and that while
dscargpg those duties he having performed the u
ties of Secretary I'D interim also entitled to the COM
pensaon of that officer and that by this bill he will get
the compensation for both servces-tha is as chief clerk
and Secretary dd interim. So the House will understand
the case fairly TO start with.
Now, sir as proceeding to say this CLAIM, rests
upon the eighth section OF the act of 1882 United States
Statutes at Large, page 28l. will read it,
Re n 6rtbcr c,oc,ed That ~ tba oo,o 20 A. ,.., -
sence from the seat Of or sickness oS tba c
tary Of State Secretary Of the Treasury or the
War or of apy officer of either of said
departments whose appointment is not in the head thereof
whereby they cannot perform the duties of their respec
tive ohce II shall be lawful Tor the President OF the United
S'a'eS IN case ne shal tnnS u necessary, TO authorize
and call the attention of the House to the language
| 40 autborza mn, o.r,o. o. ,s.oa a. ~; 5;a,, 4.
,erGrp ~ du,es ~ H. sa;d oa. nnt;i ~
Is appointed or until such absence or nabity bv
shall cease"
~, :, .
Sow s y ue lresiuents commission, under ms hand
NV e, he uu 'is man 10 perform the duues OF
snsse tw9 ounces ~ deren tes on various occasions
@ a VI, uu peiIorin those uuues a dinerent times
M m ,ouo o.'us,ons 30 'Iat tne aggregate OF such
I'm u1ue nunaea ana eleven Gays as appears oy
tus ePoi ineIe 10 no uouD apoLt the9e idcs the Co-
mites oi oas the Couft OF oms ana the claimant all
80; S ~ - az ~ " % op 'ne'1 iaS's ,.c Oosrs oi
L;s ~, e e uas, 70 ehuuu W nis compensation as
$500 49, ~ @ 2s a ;lheS mnen, as sucn, ne per
- n.;.a ~ @ m ~ % S.iu, .ul.hea, snae hayinB
49,; ~; ~ a;d b oe =. eeleery o p.ae "a IN
that office he is also entitled IN tbe
the law gives TO that Office whilst he 80 performed the d