Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-05-09

the law OF the land Mr. could not in opinion with
the chairman OF the Post Office Committee that ii better
to submit this construction of the law than risk the in
conveniences which might follow if the proviso retained
Mr. j. held that the proper for the members OF
the House to keep within their sphere OF duty and then
to keep other officers Of tho Government within theirs Ex
ecuve officers not makers under the Constitution
II was their business to laws, not TO make them
they carry the law into effect and say what the
law ought to be- II the House submitted in this instance
the construction law officer, it would shortly become
precedent and with certain class of gentlemen precedent
aipowerul The honorable chairman thought that if
the proyso reane ed the postmasters New York and
Baltimore and New Orleans, and in other commercial
cities likely to become indebted the Government He
did not how this could happen The postmasers these
large cities received definite salary lieu Of the per cenage
allowed in smaller Offices
Mr.. HOPKINS here interposed to explain. The gentle
man was mistaken there not salary allowed under
the whole Department In certain large Offices the per cent
age was limited. ~ @i
Mr.. JONES. Very well-that limit amounted to a salary
but the postmaster did pay out Of that for and
fuel and On the contrary. there separate
appropriations for oil those branches of expenditure and If
the postmaster confined to his per cenage for his compen
saton Mr.. j. did not how he could in debt the
Government He had been opposed to the bill Of the last
session. and was now in favor OF increasing the rates Of post
age and also the compensation Of posmases He thought
they ought be literally paid for their services but to the
Postmaster General having discretion in the case he
entirely opposed to that Vs&
He believed there bill pending to raise the salary
pose the President Of the United States should take his
head that that officer not sufficiently paid and should give
the law such construction make his allowance twenty
five hundred three thousand Woulda any gentleman main
tain that better for the House to submit to such act
of usupaon than to risk the danger of having the Attorney
General resign Yet the President would have much right
do this the Postmaster General had prevent the resg
nation Of postmaster by augmentng his allowance without
law. Mr. j. repeated that he not opposed to increasing
the salaries of the postaster what he opposed and
should oppose doing this without law and against
law.
Mr. BIGGS inquired of Mr.. MCKAY whether the million
provided in this bill to meet deficit in the compensation Of
posmastes made in conformity to the advice Of the At
torney General from estimates made according to law He
believed the last clause of the bill confined this money that
USE that could be taken out of the Treasury.
Mr.. Mckay was understood to say, in reply that the
posmasters allowed certain commission the post
age received by them respectively The total of this
during the last year had been nine hundred and
fifty thousand dollars This and all other appropriations for
the post office service to be paid out of the Of
the Post Office Department if they should prove sufficient
if not the deficit taken from the Treasury But il this
proso should be retained the deficit could not be taken
of the Treasury, and would remain unprovided for
Mr. BIGGS resumed According to the gentlemans state
men the proviso obstacle which prevented drawing
any further out Of the Treasury and its whole object
seemed to be to negative the construction given the law Ivy
the Attorney General To retain it. them would be
mount to nsrucng the Postmaster General not to draw any
money make up the deficit in the allowance Of the post
abolish the small Offices all the country. The gentle
from Tennessee Mr JoNEs) considered this
ton Of the law by the Attorney General bold assumption
of power But Mr. B. did how the bill Of last session
could have any other rational construction given to it, The
bill in fact perfect medley, and hard give it
any construction which would agree all its features And
Mr. B. did not think that either the Attorney General the
Postmaster General deserved the violent denuncaons which
had been pronounced against them in this debate Different
constructions placed by different gentlemen the post
office law and it seemed the only rational way Of getting along
to continue the service give the law the consuc
ton in question.
whether any construction would allow the taking Of the
Treasury the Presidents salary, should it be omitted in the
appropriation bill
Mr. BIGGS did suppose that construction Of the APP
preparation bill would in that warrant such proceeding
but here bill which receive construction from
somebody before could be carried and that by the At
oey General seemed to be the only rational way Of giving
the bill practical effect of providing for and continuing the
post Office The gentleman from Tennessee held that
the law ought have been executed according its literal
meaning but the difficulty to tell what that literal
ing One thought it meant thing and another
thought it meant another and somebody's construction
prevail He would venture to say that dozen intelligent
and respectable legal gentlemen having that law laid before
them, would all differ from each other what IFS real
meaning Mr. b. repeated the opinion that if the provso
should be retained would instruction the
Postmaster General change the present of the
Department by aboshing all the small offices and retaining
only those in the great thoroughares Of the country.
Mr.. G. w. JONES inquired of Mr. BIGGs whether he
was ready to endorse the opinion given by the Attorney
General
Mr. BIGGS replied that if the Attorney General looked at
the general object and intention of the law seemed him
that he could give other rational construction AS to
the true intent OF those who made the law hard matt
ter to tell what that
Mr. b. concluded by declaring himself in favor Of striking
out the povso but il the House should refuse strike out
he should then move TO amend by adding further provso
comforting Thanking privilege postmaste whose compen
saton did not exceed a hundred dollars
Mr. SIMS, Of South Carolina said that The Of last year
had been experiment whether the Department could
get along under large reduction of postage and Of
caution clause inserted in the bill which intended
provide against any contingent injury the mail service
OF the country One item provided that in the small Offices
the Postmaster General might direct the compensation to be
increased provided did not exceed fifty per cent Of the
amount OF the postage received This the character Of
that provision 1t intended TO preserve the service from
serious injury and that clause the Attorney General found
ed the decision which had been unnecessarily rebued by
gentlemen in this debate That officer had decided that
the of hundred and fifty thousand dollars
placed at the discretion Of the Postmaster General guard
against serious arrangement in the service while this
pertinent was in progress And this might be applied
first TO the smaller Offices and then gradually to the larger
continuing where necessary the allowances which
The postmasers had before received Mr. s. considered such
decision warranted by the law. there any fault in the
chargeable not the Attorney General but
the loose legislation Of Congress The $50 600 dollars
specific for this end and the four million and half was TO
provide for other contingencies.
MI. PETIT here put inquiry to Mr.. SIMS, which
naudble to the Reporter from the before
Mr. SIMS stated in reply, that where the per centage
reived Office exceeded thousand dollars the post
masters allowance limited to that but where il fell
short he receive the whole Mr. S. in favor Of
striking the proviso He considered wholly unnecessary
Should il be stricken out there still check the Post