The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-11-18

down the Union by such upmitgaied vlanies Is this
course Of warfare dictated BY Truman Smith and the
cabinet II SO. in self defence, we may be compelled 10
make warfare upon them personally course which
the Secretary Of State and some other members OF the
regency may not desire TO have us take "A word to
the wise." &c. AH
FOR The Union
The Senate OF ths United states.
Mileage
The people Of this counry having learned from child.
hood 70 veneate the high character of the Senate Of the
United States for wisdom, integrity. and independence,
tive power OF the government. and il 10 not surprising
that they should be startled at the enuncaton of the bold
Charge that this body, individually, had departed from
fathers Of the republic The author Of such charge,
whatsoever be may be, has taken upon himself fearful
responsibility before the country and before High
considered the subject and diligently sought from every
source within his feach all the information In his power
70 obtain regarding the Judgment Of those whom it so
intimately concerned. and who differed with him in the
construction OF the law Unless, indeed, the author OF
this bold charge modesy determined to up his opnon
as supreme, irrespective OF the law or its authority Did
this author inform himself by candid, dspassionate
expect TO escape the suspicion Of having pudged the
and OF having brought TO it's consideration preconceved
opinions preudiced feelings and parte views Butwho
have tie deliberatey-c written opinion and
judgment OF Vice President Of the United States who
is an able and experienced lawyer; also the we-con-
pro tsmpo,s Of The Senate, Of high character and sound
Judgment. all OF whose business and duty it to de-
eide under the law and also the nearly unanimous de-
csion Of the members OF the Senate expressed and acted
upon on two several occasions at the distance OF four
years apart These the parties side; and on
the other side we have an individual lately indicted into
an executive office q secondary rank whq i does not
what grounds so many and such able minds had arrived
at conclusion differing from his own. Was this deli
calel Was this discreetl l
what the Comptroller terms "consfuctive mileage" was
made in 1s4l by the lamented Samuel IT, Southland ais
President pfc hmpors Of the Senate, than whom a
more able Judge or upright statesman was not to be
found and these qualities were awarded to hm BY his
political opponents well friends II appears that he
applied his ardent mind earnestly to the consideration OF
allowed the mileage II question, \ and iI he accordingly
ordered it's payment Two other Presidents pro tenpore
Of equal ability and high character have, at intervals Of
five and eight years since the first decisions fully concur
red in that decision, and caused the mileage be paid
and Vice President Dallas, in an elaborate and ably
written opinion in s45 fully sustained the decision Of
Mr. Southland made in 1s4l The eminent character and
well known independence Of this statesman as well as
that Of the others here alluded TO, forbid the idea that
their several decisions could have been Influenced by con-
sderaions OF personal political avorsm, as the legal
effect OF those decisions was alike applicable TO all
parties
AS the act OF 1915 constitutes these high functionaries
OF independent ordinate branch of the government
the sole judges of the compensation to be allowed to the
members of the Senate under that law the case must be
considered adjudcaa far that law is concerned,
and SO the accounting officers bound TO consider
under that iaw Should the Comptroller choose to voiun
teer his private opinion that this law is wrong either in
principle in practice, or in both he has perfect right
to do so but SO long as the law stands it is he has
neither right nor authority 70 suspend or disalow that
Tic accounts and paid out Of the pubic treasury" But
should the Comptroller avail himself of his official
position to. g effect 70 has private opinion, and thereby
the presiding officers and members OF the Senate for the
last eight years. by dsaowng the accounts OF their min
sera officer the Secretary Of the Senate and should he
ceedng by the President Of the United States il win pre-
sent for the first tune under our gopernnent new case
to be docketed in the courts OF The United States And
should the Attorney General feel himself scarranted by
the constitution and laws in institating such suit. i
would be- the President of hs Unitsd States VS. The
Senate Of the United States" Should this suit ever be
70 Ss SSy ana
OF American counsel in such practice, to send
"across the water for assistant counsel to aid him in
the management Of the cause; and unless the plaintiff
be n0a-prOsd for the want OF jurisdiction in the
court il may be, from the efforts which appear 10 be in
due process to make the jury understand the before
hand particularly on one side, that NE dgeadant may
be mulcted in heavy damages-possbly designed 10
tend to fine and imprisonment.
II must not be forgotten that al best the compensation
allowed TO the senators and representatives in Congress is
totally inadequate, remuneration to them Tor the
expenses they actually incur and the losses they sustain
in being absent from their homes and business for
large portion OF their time for, whether they be farm
ers planters merchants, mechanics. manufacturers, doc
tors or lawyers is only those who have had the expe.
renee of being drawn thrown OF their daily pur-
suits and the business they follow for livelihood who
appreciate and understand the inconvenience and
losses that must inevitably ensue from such course
Unless they inhumanly required TO exile and Danish
themselves from their families for the long period OF
eight nine months they must either bring their fami
lies to The seat OF government, where the living is
voidaby expensive. they must make several journeys
and their homes, while they only allowed mileage al
the commencement and end OF each session meeting,
for coming and returnng and II is sought
TO deprive the senators of the mileage which the
law allows them at their special meetings executive
sessions where they detained, the summons OF the
while the representatives at liberty the moment each
regular session terminates TO return TO the bosom OF their
families Il is apparent 10 that unless the
pay be sufficient, Of the most worthy citizens would
either be excluded by their poverty from Congress-
qured to break up their business Tor the OF their
their families al home, perhaps an want, while they
NAMED exiled away from that home which, virtuous
man, is not TO be counierbaanced by all the blandish
ments OF fashionable political life The people Of thi,
country do not desire such state Of things They do
desire 10 prescribe men OF intelligence and talents from
the halls Of legislation because they may happen to b
n doubts are entertained respecting the law let that b.
altered that every Representative and senator BY par
and palpabe enactment, be entitled 10 demand full
rihces, in the faithful discharge OF his duty in the ma
tona legislature OF his country. But, regards the
present law, we must confess cannot conceive wha
words or terms could be employed better calculated ic