IN THE SENATE OF THE UNITED STATES-April 5, 1854. The Committee on Claims, to whom was referred the petition of Michael It is represented that during the period from 1830 to 1853 the memorialist held the office of chief clerk in the office of the Register of the Treasury, at a salary of $1,700 per annum; that at sundry times he was commissioned by the President to act temporarily as Register of the Treasury, which duty he performed for periods varying from two to three days to several weeks at a time, amounting in all to 624 days, and for which time he claims the difference between his salary as chief clerk, which he received, and the salary attached to the office of Register, viz: $3,000 per annum, amounting to $2,222. By the act of 1792, (U. S. Statutes at Large, vol. I., p. 28,) it is provided that, in case of the sickness or absence of the heads of departments or bureaus, "it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons, at his discretion, to perform the duties of said respective offices' until the absence, &c., shall cease. It will be observed that, although this act authorizes the temporary appointment and employment, it is silent in reference to the amount or manner of compensation. It is not to be presumed to have been the intention of Congress to authorize the President to require the service without intending that proper compensation should be made; and although in this case the duty was devolved upon a subordinate officer, who was already in the service and pay of the government, he does not appear to have received any compensation for the additional labor and responsibility which were devolved upon him by these appointments of the President. The committee report the accompanying bill, allowing the petitioner to be paid for the services performed at the same rate allowed to the Register for the like services. IN THE SENATE OF THE UNITED STATES-April 5, 1854. Mr. WADE, from the Committee on Claims, submitted a report, (No. 197,) accompanied by the following bill; which was read and passed to a second reading: A BILL for the relief of Michael Nourse. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be, and they are hereby, authorized and required to account with, and allow to, Michael Nourse, late chief clerk in the office of the Register of the Treasury, for the time that he performed the duties of Register of the Treasury under temporary appointments by the President of the United States, the same compensation that was at the time allowed by law to the Register for those duties, to be paid out of any money in the treasury not otherwise appropriated, deducting therefrom the compensation received by said Nourse during said time as chief clerk. IN THE HOUSE OF REPRESENTATIVES. APRIL 12, 1854.-Referred to the Committee of Claims. JULY 15, 1854.-Reported from the committee with a recommendation that it do not pass. Committed to a Committee of the Whole House to-morrow. AN ACT for the relief of Michael Nourse. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Department be, and they are hereby, authorized and required to account with, and allow to, Michael Nourse, late chief clerk in the office of the Register of the Treasury, for the time that he performed the duties of Register of the Treasury, under temporary appointments by the President of the United States, the same compensation that was at the time allowed by law to the Register for those duties, to be paid out of any money in the treasury not otherwise appropriated, deducting therefrom the compensation received by said Nourse during said time as chief clerk. Passed the Senate April 7, 1854. Attest: ASBURY DICKINS, Secretary. Salaries in office of the Register. B. Statement of moneys received and accounted for by Michael Nourse, late disbursing agent in the office of the Register of the Treasury, from June 1, 1829, to April 28, 1853. Expenses for regis. ters for ships and vessels, and lists of crews. In relation to furnishing 156 rooms in new Treasury building. TREASURY DEPARTMENT, Register's Office, December 17, 1853. I hereby certify that the accounts of Michael Nourse, late disburing agent for the above objects, have been closed, and that the balances due by him at the time of his going out of office were promptly repaid by him. F. BIGGER, Register. Statement showing days upon which warrants issued by the Secretary of the Treasury were signed by Michael Nourse, esq., as Acting Register, from February 16, 1830, to May 12, 1847, as appears from the warrants on file in the register's office. July 21, to August 13, 1836, inclusive............. October 5 to October 19, 1840, inclusive.... June 30 to July 2, 1841, inclusive... September 19 to September 30, 1842, inclusive.. September 19 to September 26, 1845, inclusive April 29 to May 1, 1846, inclusive.... August 12 to September 4, 1846 inclusive May 7 to May 12, 1847, inclusive..... No. of days. 10 15 29 12 1 4 54 7 25 23 30 9 -- 9 2 3 3 12 25 TREASURY DEPARTMENT, Register's Office, April 3, 1855. F. BIGGER, Register. 24 344 MICHAEL NOURSE vs. THE UNITED STATES. Opinion of the court, delivered by BLACKFORD, J. The claimant claims compensation for his services as Acting Register of the Treasury at different times between the 16th of February, 1830, and May 12, 1847-both days inclusive. The evidence shows that the claimant was regularly appointed Acting Register of the Treasury at various times between the dates aforesaid, and that he served in that office at various times between those dates, for three hundred and forty-four days. The claimant, during the times he served as Acting Register of the Treasury, was chief clerk in the office of the Register of the Treasury. This case is the same in principle with that of Dickins vs. The United States, recently decided by this court. The decision in that case, relative to the validity of the petition, is hereto attached. It shows the reasons for our decision in the present case. The Solicitor, in opposition to a part of this claim, relies on the act of 1839, 5 Stat. at Large, page 349, section 3, and the acts of 23d and 26th of August, 1842, 5 Stat. at Large, page 510, section 2, and page 525, section 12. But we do not think that these acts apply to this case. They do not contemplate a case where the same person holds two distinct offices at the same time, which is the present case. We consider the claimant entitled, for his services as Acting Register of the Treasury, to the same compensation that was, at the times of his service, allowed by law to the Register of the Treasury-that is, at the rate of three thousand dollars a year. Such allowance is in accordance with the decision of the circuit court of the United States in the case of the United States vs. White and others, cited in our opinion in the case of Dickins vs The United States. Annexed to this opinion are documents marked A and B ; one of which is the statement of W. Hunter, Assistant Secretary of State, and the other that of F. Bigger, Register of the Treasury. These documents prove the service of the claimant to have been rendered as aforesaid, for three hundred and forty-four days. The compensation due to him for that service, at the rate of three thousand dollars a year, is two thousand eight hundred and twenty-seven dollars and thirty-nine cents. Judgment is therefore hereby rendered for the claimant against the United States for the last named sum, and a bill for that amount is accordingly reported. A BILL for the relief of Michael Nourse. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay to Michael Nourse the sum of two thousand eight hundred and twenty-seven dollars and thirty-nine cents, out of any money in the treasury not otherwise appropriated, as a compensation in full for his services as Acting Register of the Treasury at various times between the sixteenth of February, eighteen hundred and thirty, and the twelfth of May, eighteen hundred and forty-seven-both days inclusive. ASBURY DICKINS vs. THE UNITED STATES. The opinion of the court, delivered by Judge BLACKFORD: This is a claim for compensation for services performed by the claimant as Acting Secretary of the Treasury at different periods between the 24th of April, 1829, and the 31st of May, 1833-both days inclusive. It is also a claim for compensation for services performed as Acting Secretary of State at different periods between the 10th of August, 1833, and the 9th of November, 1836-both days inclusive. H. Rep. Com. 382-2 |