The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-29

against him by your Washington correspondent, in
which is the following allegation
For the duties OF diSbursing the funds or the
lighthouse establishment outside OF his district he
tMr. Hamlinl was allowed by law specific conpen-
sation, and this was dlsaiowed by the Commissioner
OF Customs on the ground that there was no ap-
preparation at the time ont OF which to payl. Tie
legality and propreiy OF the payment has already
been twice affirmed by the Supreme Court OF the
United states IN favor OF Mr.. Hamlln's predecessors
Secretary McCucch ut once conceded its validity
and repeatedly gave the Commissioner peremptory
orders to cease his technical opposition and settle
the account, and IT was paid In full nearly TWO
years ago.
Almost every word OF the above paragraph is
untrue, and the whole total Misrepresentation. 1t
IS true that Mn Greeley, former Collector of the
port OF Boston, had charged two and q half per
cent on the amounts discussed by him for lighthouse
purposes; that a suit was brought against his adj
mlnistrator, James G. Converse to recover this
money, by the United States; that judgment was
obtained that an appeal to the Supreme Court was
taken and the judgment there reversed three of the
judges dissenting. Greeey's term OF Office extended
from May /, IS49 to April l. 1858.
On the 9th or October 1852, the Lighthouse Board
was organized, under an act of Congress approved
August 81, 1852, and which imposed upon that Board
the duties performed by Mr. Greeley. for which lie
was awarded compensation by the Supreme Court.
On the 26tn OF February, 1851, various claims Tor
percentage on disbursements for lighthouse pur-
poses being before the department and the subject
Of consideration Dy the Finance COMMITTEES OF the
Senate, General John A. Dix, then secretary OF the
Treasury, addressed letter to the Hon. James a.
Pearce, chairman OF that committee. reviewing the
subject and showing that these claims were not
legal After quoting the act OF Congress and show
ing precisely what the court decided In Greeleys
case General DIX sald:-ssIt viii thus be seen that
the Lighthouse Board has superseded the collectors
OF customs IN performances OF the services Tor
which Greeley was aJudged by the supreme Court,
entitled TO compensation, and that the reason OF
the decision must fail In Its application 20 cases
ha nno r.ln
the execution OF its duties The Supreme Court de-
ciared that discretion IS left to the head or de-
pdrtment to allow an officer who has q fixed COM
pensation any credit beyond his salary unless the
service he has performed Is required by existing
laws and the remuneration OF them fixed by law.n
In order. therefore, TO bring any case within the
reason OF the decision OF the supreme Court IN the
case of Converse vs. The United States three requi-
FIRST, Tue services specified must have been aetu.
ally performed by the party Claiming remuneration.
Second, The compensation must DE fixed by law
Third. There must be a law making an appropra-
ton ana explicitly setting forth that 1t is for such
additional pay, extra allowance or compensation
General Dix then goes on TO review several cases
that had been and were before the department, and
concluded by using the following strong language:-
at Is respectfully submitted In order 10 put an
end TO abuses so gross involving payments from the
Treasury, not only unauthorized by law, but in one
case In violation OF usual prohibitions that every APP
preparation for the commission OF two ana nalr per
cent on lighthouse expenditure be accompanied by
an express provision that no collector OF the GUS
toms be allowed, under any preteXt to receive over
500 per annum Tor any service or agency III relation
to such expenses in or out OF his district"
This was the last expressed opinion or decision
OF the head of the department previous TO the
presentation OF Mr.. Hamlin's cain for TWO and
half per cent. or course 1t was binding the
Commissioner OF Customs until overr1iel by the
head OF the same department.
MIR. Hamlin's statement that Secretary McCu-
loch at once conceded It's lMr. Hamins claim)
validity, and repeatedly gave the Commissioner pc
remptory orders to cease his technical opposition
and settle the accounts" is every word untrue.
never had but one interview with Secretary Nc
Culloch on the SUBJECT lie sent for me one moraing,
has III S,aa M,
sIoner, what Is the difficulty between you ana Mr,
Hamlil9 lie comes down on you iull OF wrath, aud
he Will give you trouble when he comes TO the
Senate" or words 10 that effect
Irepiied, IL can't help 1t II he does; have only
done my duty" then explained the Whole matter
TO him. aud said, 1T depends on You whether l
snail give him credit for TINS Two ana half cent
ana settle his account or not He replied, 81 shall
stand IN the gap" "Well," said ], "unless, then,
you give me an order not to give him TINS credit
90 sna give as 90 ne n
ONCE addressed letter TO MIN, IN which asked
HIM whether the decision OF the court the
the United states vs.. Paisley and the United States
Austin is TO govern tns ofice in the settlement
OF this lHamln's accounp and similar cases, or
whether it is the desire OF the department. to make
new case and bring up TINS question before the
Judge OF another district"
To this u reply was returned IN a few days, from
which quote ut appearing upon examination that
the accounts OF Austin. late Collector Of the same
Clsons referred to- other like accounts may properly,
in the opinion OF TINS department, be settled IN like
manner SO far as the PRINCIPLES OF thar decision PIP.
Of the questions raised by Secretary Dix In his let
ter TO the Finance Committee Of the Senate dated
February &C. 1861 and which were also raseo by the
government In the case OF Austin, 1t may be proper
to state that while there Is room for DOUBT whether
all the principles OF the decision In the case OF Con-
verse ought TO be considered equally applicable to
| claims made by collectors Tor services as
performed after the creation OF the Lighthouse
Board with those performed before the Board en-
tered upon the discharge OF ITS duties vet IN view
aft n nd at
great as, Ia the opinion OF this department, to
justify further litigation or to subject collectors to
further delay in the settlement OF their accounts"
This settled the matter, and at once settled Mr..
Hamins account by giving. him the credit ne
view mentioned that there were accounts to the
amount OF $4,000 standing unsettled OF similar
allowed if his were or course they are all now con-
sidered settled. Most OF them are the very &C
counts which General DIX refused to allow to he
settled, denying their right to Tins two anu hall
MIR. Hamlin came to Washington, and, true to the
prediction OF secretary McCuiloch, Ut once made
me, endeavoring, as ne admits to get me re-
moved, and another appointed, convinced as he
says. g OF the incapacity OF Sargent" But Dir.
Hanns efforts were counteracted by his own COL
leagues In Congress, some OF whom went with other
members to the Secretary and urged my retention
upon the grounds OF my efficiency, assuring the
Secretary that the duties OF Commissioner OF Gus
toms nad never been performed with ouch energy
and capacity by any one as they had been by me
WAT they spoke OF what they knew one OF them
saying that ne represented more customs districts
knew the opinions OF customs officers well; that they
ali spoke IN nigh terms OF my efficiency, and did
the people along the coast. who mad the best oppor
tuntes OF judging.
Mr.. Hamlin's own colleague in the Senate, the
lamen;ed Fessenden, at that time addressed letter
to the Secretary, which he sand, IL desire 10 give
my testimony to the integrity ana devotion with
which Mr.. sargent. Commissioner Of Customs, has
discharged the duties OF his Office. In my Judgment
more faithful anu reliable oncer can be found In
any department"
AT the same time Mr. John II. Rice, then Coec-
tor OF Customs at Bangor. Me addressed letter to
the secretary, In which lie says:-"Durng my SIX
years. service III Congress became intimately ac-
quainted with Judge Sargent, and had ample oppor
tunity 10 observe him IN the administration of the
duties OF his Office and still more so IN the last two
years in intimate Official relations, ex
istlng, and have not, IN all that time, met more
honest man nor a more faithful, devoted and
and energy devoted all his powers TO the suppress
SION Of smuggling along the extensive border and
seapoard Of tins state (Maine) and with the mos:
satisfactory results"
Twenty live Senators and thirty members OF the
upuu fpna1 Ia mo- add tn fl. Drnut Japt