The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-05

tually bring them in debt to the department He
yentureI 70 say, under the decision OF the Atlor-
ney General and the rule acted OF by the Post Office
Department, the postnissers al Boston, New York,
Philadelphia, New Orleans, Louisville, and other
points, would be actual debtors TO the department,
instead of receiving any compensation.
A voices "Howi'l
IL was Indispensable therefore continued Mr.. III. }
that, until Congress do something, this rule should
continue TO apply, without which none can be pre-
vailed on 10 accept Of these Offices. y
He was asked how the postniasteu would become
debtors to the department. He answered, that all
the contingent, incidental expenses for clerk-hi,
rent stationery, &c, were paid out of the commits.
sIons; and at the Offices named they would be found
not only to absorb every cent OF the commissions,
out at some OF them 10 amount TO several thousand
dollars more than the total commissions. Hence he
repeated that the commissions, IN some Of the Of
ices, will not be sufficient To pay the contingent
expenses of the office. He had said before the law
was passed that such would be the effect of Il.
Ii the proyiso in this bill were stricken out the
service would remain precisely where 1t Is at present;
and, Of course, if an act pass Congress regulating
the compensatons OF postmasters, 30 much Of tbi,
bill would be rendered Unnecessary; for the evil
sought to be remedied in this proyiso will be guard
ed against, and in the better form of law.
But he hoped the proyiso would be stricken out.
Objectionable as 1t might be TO allow important
a branch Of the public service to depend In so great
degree upon the decision Of two persons, and de-
sirabe il was TO regulate the whole matter by law,
until that was done he thought it better submit TO
that evil than to the great and poryading evil which
would arise throughout the whole mail service Of
the United States by adopting this proyiso, thus
causing many postmasters TO resign, many post
Offices 10 be closed, the letters usually coming to
which would have 10 be sent tan or twslve miles
AFTER and the papers would be stopped thus causing
a reduction in the revenues Of the department.; and
with the inability Of the department to pay, causing
much embarrassment and much injustice to con-
tractors, &c.
A word or two of conversation ensued between
Mr.. PETIT and Mr.. HOPKINS,
Mr.. q. w. JONES hoped this proviso would
not be stricken out or rather that il should be more
explicit in defining the object intended to be accom-
pshed by It, That object was in his opinion, TO over
rule and or the bodest and most papabe
usurpations of the Legislative powers Of this country
by an executive officer Of the government. One OF
the provisions Of the bill of the last Congress, re-
ducing the rates Of postage throughout the country
that where the compensation Of the postmasters
should be less than s25, the Postmaster General
may increase the compensation, provided that II
should not exceed so per cent. Of the revenues OF
their respective offices. But here have the opln-
ion of the Attorney General Of the United States,
acted on by the Postmaster General, that they may
receive the same compensation which they received
under the former law Of the old rates of postage.
What might not this efecti II might require not
only the aggregate amount Of receipts for compensa
uon for the post Offices, but 1t might bring the gov
in debt TO the postmasters in order to pay
them the compensation received under the for
mer law.
IL was not only unauthorized by law, but it was
in direct palpabe violation of law and he could not
agree for a moment with the gentleman from Vir-
ginin, the chairman of the Committee on the Post
Office and Post Roads, Mr.. HoPKMs,l that it was
better for US TO submit TO this, as he conceived
VIZ Df lakU IN n ne
ment of the post Office business of the country. No;
let them endeavor TO keep themselves within their
own proper sphere, and, far as they could, every
other department and branch of this government
within the limits prescribed to it. 1t the duty
Of the executive officer to execute the law made
and not say what the law ought to be. Tolerate
this in thus instance and at the next time Its author
ity would be quoted as precedent for a thing not
only not right in ITSELF but vioatve of all principle
in its inception.
He could not conceive how the gentleman from
Virginia could bring the postmasters at the larger
places in debt to the government If he understood
the matter, the postmasters had a salary fixed by
law; where the per cent. would amount TO a certain
sum they had salary in lieu thereof.
Mr. HOPKINS explained that the gentleman was
wholly mistaken. He did not remember an instance
in the Union where the postmaster has a salary.
ceeds SO 600 he Is limited to that sum; and 1t is ne
salary.
Mr. JONES (resuming) said that amounted to
salary.
In addition to this he understood where
they had commission, that they did not pay
for their office rent, clerk hire &c. Indeed he found
under this very bill that appropriations were made
for these very objects-S200 900 for clerk hire,
$4,000 for miscellaneous, &c.
Like the gentleman from Georgia, Mr.. CoBB,
and the gentleman from Virginia, [Mr. HoPKtEs,
he (Mr. j. had opposed the passage of the bill at
he la nf Conpreas and he thoupht We
should now increase the rate of postage. If the law
as it now stands would not afford ample compensa-
ton for the postmasters in the small and the large
offices, he would 60 with this House to increase
the rate of compensation. They should be paid,
and paid literally for their services but their COM
pensation should be fixed by law, and not be liable
to be increased or reduced by any officer Of this
government. He dwelt upon the evils that would
arise from intrustng the executive officers with this
undue compensation, contending that the salaries OF
any other officers might with equal propriety be in
creased and that this ought promptly to be repu-
dated by Congress lest it should furnish precedent
for others.
Mr.. BIGGS inquired Of the chairman of the Com
mttee Of Ways and Means whether the amount Of
the item in this bill of one million dollars compen
sation TO posmasters was estimated under the con-
struction Of the Attorney General, under what
was considered the actual provision Of the existing
law?
Mr.. McKAY'S reply was not definitely under
Stood but he stated that it was shown by document
81, that the compensation received by postmasters
before this law went into operation 81 ,033 900
a larger amount by 900 than was proposed UNI
der the present bill
Mr.. BfGGS (resuming said the object Of this pro.
viso then was, to provide against drawing from the
treasury of that which was not properly the revenue
ofthe department, any amount beyond the specific APP
of one million Of dollars for the compensa
ton of posmasers Its effect, therefore, would virtual
ly be instruct the Postmaster General to limit the
compensation of postmasters to what considered
the true construction Of the bill Of the last Congress
He was utterly opposed to giving him such instruc
tons for the effect must necessarily be to put down
all the small Offices from end Of the Union to the
other.
Mr.. B. complained Of the vagueness Of terms Of
the law Of the last session, that it extremely
difficult to place any construction upon it, and said
the Attorney General, having placed a reasonable
construction upon SO az to carry out In the most
beneficial manner the object Of the law-vz: the
dering efficient this branch Of the servceshoud not
be complained Of as he had been.
The gentleman from Tennessee said the executive
officers are not to make, but to execute the law.
The difficulty in this case was to ascertain what the
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