Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-02-16
officers in the South who could not take

ASH Ho~ OOOA oah pAOftA anu hdu III gOOC
s faith performed the. services imposed
upon them by the government, and
therefore ought to be paid
Mr.. Conness said if it could be shown
there were good and loyal men among
e them he would vote to pay them, but as
one OF the Committee on Finance, he had
reported bill for the relief Of these
officers, and he was Id favor of the pas-
= sage OF such bill. The appointments
had been made before there was anything
more than vague fear Of difference
P between the President and Congress in
regard to reconstruction, and had been
made with the general assent of the
Cablnet officers. They performed the
duties and they ought to be paid
MIR. Harion confirmed the statement
that the cabinet had c0ncurred with the
President in his view that it was the duty
OF the Secretary of the Treasury to ems
force the revenue laws in the Southern
States, because it was for the interest of
the country at large that the people of
these States should bear their share of
the public burthens, and that if the Off
GERS to be appointed could not be paid
under existing laws, Congress would
not hesitate to authorize their payment
MIR. Sawyer remarked that the govern
ment could hardly say it was wrong to
| pay these officers, because they had ac-
ted without authority Of law, after hav-
ing confirmed their official acts and taken
the benefit of them.
Mr. Howe thought a pretty good case
had been made out in favor of the govr
eminent paying the rebels when it had
employed them, but he did not think the
claim of such officers to be paid for their
labor any more equitable than the claim
of loyal citizens like Sue Murphy to be
paid for her property taken by the gov
ernment
Mr.. Hendricks said that no Senator
who had individually employed man to
do a certain work and receive the bene- |
fit Of his labor could, without dishonor |
upon any technical grounds refuse to pay
him. lie would oppose any proposition
to pay those officers unfortunately, be, |
cause they had been appointed by the |
Secretary of the Treasury, not only |
without authority of law, butin defrance |
of law and Congress.
Mr.. Sawyer laid that the officers had |
been appointed before it was known, in
his part of the country, that there was
any breach between the administration
and COngress-all of them before the as
sembling Of Congress in 1865.
Mr.. CONFESS said that during these
months it was already known that the
plan was laid for the creation Of new
political party, TO be composed Of the
rebel element ofthe South, and that per-
sons from Alabama were then superin~
tending the organization.
MIR. Sawyer was aware that certain
men in the South who ought not to have |
influence with the administration, did
obtain such influence, but did not regard
that as Il reason why discrimination
should be made against a particular
class, while there were others no more
worthy OF loyal, who were drawing pay
from the government because the nature |
of their office happens not to require that
they should take the test oath.
Mr. Nye said, If the officers in CUES
ton were as capable as represented by
tbs Senator from South Carolina, Saw
yer) they knew at the times they tOsk |
Offices they did SO in violation of law. |
Mr. Sawyer replied that the test oath |
was not Immediately or generally pub.
lished in Southern States; in evidence of |
which he said he had never seen it be-
fore it was presented TO him for his sig.
Fessenden said the United States
government could not hOnorably |
or honesty refuse TO pay officers who had
been employed by it and had performed |
their duties.
Mr. Edmunds thought the most import
ant feature in the case was the acknowl- |
edged fact that the Secretary of the |
Treasury with the assent of other MEM
bers of the cabinet and the President had
deliberately violated a law of Congress.
Mr. Sumner said the act 30 violated by
the President and his cabinet was the
first great act Of the corner stone of recon.
struction, and that in his Judgment the
President and Secretary Of the Treasury |
ought to have been promptly impeached
for such violation /
In the Supreme Court tO>day, No 60,
Frederick Brown, executor, etc, plaintiff
in error IS Peter ROdes in error to
Court Of Appeals, State of New York,
Chief Justice Chase delivered an opinion |
to the court to the effect that contracts
for payment in coin should be enforced |
by the court according to the intent of
the parties. In this case a mortgage was
made to secure the payment of $l5,O0Oi
in the State Of New York in 1857, and it
was provided the money should be paid
in coin, the legal money of the United
States In January 1865 a tender was
made in treasury notes which was re-
fused, and this action was brought to eLs
'orce such payment and secure a TatiticaN
lion Of the mortgage in pursuance there
Of The court of New York hold that
the tender was discharge of the mort
yage and directed it to be cancelled
The Supreme Court now holds thai
there are two descriptions of lawful
money in circulation, both sustained by
law and both legal tender, and that in |
view of this fact, contracts for payment
must be enforced, and when coin is pros l
yided TO be paid judgments should be for '
such description of money, bat where no ,
description is made judgment should be c
entered generally without specifications.
The Judgment Of the New y ork court ]
Of appeals is reversed with costs and the I
ease reminded for further proceedings. t
Supreme Court Justices Davis and {
5wayne concurred briefly delivering sepa |
arate openions, and Justice Miller dis s
sented,
The remains of David + Harold,
another Of the assassination conspiraa
tors, were by order of President johnson
given up on Saturday to his mother AMI
inferred in the Congregational Cemetery.
An order has been obtained for the de-
livery of the body Of Atzsrodt to his
friends Booth remains are also to be
given up, the latter for interment in Bal
timOre, near the grave of his mother
Much business having accumulated at
army headquarters, Gen. Grant has, since
his return, devoted constant attention to
it, giving it personal supervision, and seen
but few visitors.
Commissioner Rollins has written a
letter calling especial attention to the
fact that the extension given to dealers
in smoking and fine-cut chewing tobacco,
before the same must be packed and
expires to-day.