Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-04-06

the skies. Falsehood and fraud shall he'acsforih
hold the high places among men; and the world
become one vast penifentiary for the perPetratio1
and reward of crimes, for the prescription anu
punishment of innocence.
limo instances of double compensation can sus-
tain, BY course Of precedents, the allowance In
tended to be corrected by this anlendmen.' ny
what law brought in aid can it be supported! ~
has not been quartered on any page OF the s'ata.e
books; and believe, if examined by prinClPie,
it will be left without subsistence. ms subject
received the very early attention OF the Cohsu
tutional Congress- for it will be found, that was
resolved by that body, on the 18th OF september,
I776, that no officer in the Continental ARMY
be allowed to hold more than one commission, vi
to receive pay but in one capacity at the same
time.' Under this law, when COL John l-aurens
was, by Congress, sent on very important oi-
plomatic mission to France, IN 1850, his military
pay was stopped for nine months, during the con-
| tinuance of his mission. Has that law been re-
pealed, either by any enactment, or by any long
established course Of practice. in Contravennon
of it. The same Army which was raised by tn~
Congress, does, under various modlflcahohs' CT
isf, and is the Army of the United States at fh's
time. The Articles of War established TOR the
government of the Continental Army. are, with
revisiOns and Improvements. our present system
of military laws. The present Government;
though with enlarged political powers, derived
from the people, did nevertheless succeed to all
the substantial obligations of the Confederation.
In a great variety of questions, on claims on
lands, on military pensions, and on remuneration
for services, we legislate under the paramount
resolutions of the Continental Congress. BY
what law, then. are we released from the oblIga-
ton of that resolution of that Congress, which
prohibits any of the Army from receiving fco
compensations at the same time: Let IT be, tor
the purpose of this debate, admitted that the
services of General Mcneil were, in negotiating
the Winnebago Treaty, as distinguished and as
beneficial to the United States as those OF Col.
Laurens in 1880, in negotiating with the King OF
France a loan of ten millions of francs for the use
of the country at that gloomy and discouraglng
period of the Revolution. If the law then could
aloe to Col. Lalrens but one compensation, how
can the same law for it is not alleged that we
have any otherl nor grant to Gen. Mcneil fuo!
A single instance of departure from this law, in
the course Of more than fifty years, only evinces
that rule must be yell settled, when but one ex-
ceptlon to its uniform operation can be found in
our history. That exception must have been
sustained byits own peculiar circumstance; and
can never, by any fair course OF reasoning, be
brought to overthrow the law to which it fur
nishes but one individual anomaly. 1t is not
contended that any circumstances, connected
with this service of General Mcneil, furnish any
grounds for making this case another exception,
and thereby allowing to him also double COM
pensation. Neither is the allowance Of dipo
matte salary to another of these Commissioners,
while. being Governor of Michigan, he received
yearly compensation, ans departure from this
law. The law of l776 applied only to military
officers. whose services, as observed by the gen.
tleman from New York, MIR. Hoffman, are, at
all times. and continually, due to the country.
No reason exists for applying this rule to civil
officer, who, having specific services to perform,
may appropriate to other employment all parts OF
his time not exclusively necessary for the perfor
nance of these He is, therefore, when called
to do services not official. entitled to compensa-
ton for doing them. The civil officer receives
conversation for such services, because he has
time of his ovn in which to perform them; but the
military officer, hauing no such time, can be en-
titled to no such compensation. The diplomatic
services may be more arduous: and the officer
may. therefore, receive, at his own option, either
his salary or his military pay.
Any attempt to sustain the double payment by
the examples of payments made to diplomatic
agents abroad, must be Intellectual. It's not pre-
tended that any such have ever received dou6le
salaries or outfits. Questions have arisen. and it
has been inquired, whether they were entitled to
one, or whether, when they had been once paid,
without appropriation by law for that purpose,
such payment should be sanctioned by making
appropriation for it. This amendment proposes
no such inquiry. 1t objects not to holding the
treaty withom legal provision for it. or to making
this appropriation for replacing the money ire
,guialy drawn from the contingent fund of that
Department. 1t is sis.ply question, whether
a military officer shall, at the same time, receive
t,co compensations for one tour of duty.
The House will be pleased to receive my best
thanks for their patient attention to any remarks
made by me on the question in debate. l beg
pardon of every gentleman present for havingde-
layed that questiOn,by some departures from it in
this discussion. Without such departures,
could not have pursued the gentleman from Ten
nessee through the si. ..sities and doubtings of
his course. There is. after all, | own, no war
rant in the experience of ordinary life for course
quite so protracted. The huntsman does always
| Sorna nf hefupen tho cOn-