The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-01

nm, vote LEGAL falsehood about IT, The resolution pro-
vidss that mileage shall be paid according 10 the nearest
mail coach route the law says by the most usually tray
slled mail route Now, without impuling improper mo-
tvss 70 the gentleman, mr. SwEErsER, he desired to
.s bsssd that The re resolution
dicaies as the route by which the mileage shall
Be computed the route most usually travelled BY the
Community al large. The construction on which ne
(Mr c. insisted had ruled the action OF the COMMITTEES
Mileage and the House for thirty years. being stncuy
according to the letter Of the law Under these cIIcum
stances Il was idle to attempt TO change the mileage
compensation OF members, without changing the law II.
self He repeated, s.the is not open to consiruc'
on" Construction is only applicable to cases in which
there is doubt On this question there is room for
doubt All must construe the point IN issue alike
The House COMMITTEES on Mileage is charged with the
duty OF asceranng the distance travelled oy the member
from his residence to the seat OF government II is not
their duty to fix the route by which the member shall
journey
the subject on the day before, INF BROWN, OF Misss-
sippil that was not the duty OF members to aid the
COMMITTEES n their replies 70 inc circular OF the chair
might me- The committee were sufficiently embarrassed
ia their vexatious labors without having this additional
difficulty thrown in their path
Mr. A. G. BROWN remarked that he based his opia-
ion this point on the legal MAXIM that no man should
bel witness in his own case.
Mr.. GREEN. This is not a question OF common law
but in chancery Most things 60 by chance here
in these times. The committee call on the members to
give their residences II they do not do that, how are
their residences to be ascertained How. ALSO the
most usually travelled routes from the homes OF members
to the seat OF government 10 be asceralned except by
calling the member travelling that route for the in
formations He admitted 1t was the duty OF the commit
tee, and not OF the member, TO fix the length OF that
route.
Though the preamble was very broad he would do the
gentleman from Ohio the justice 10 say that be had
idea that was intended therein to cast any reflection
4 MI SWEETSER, (nterposing) The preamble was
not from his PEN Ii was written by another member Of
the committee. a@6G #tfE aJ a
Mi. GREEN. But some members having 50 answered
to them has uninientionay cast reflection the
whole House Members unfortunately fancy that there
is difficulty in the path OF the committees that they lthe
commtee) can get on without their assstance-with-
out information from them. Hence the trouble. With
out their cooperation, it is almost impossible in many
cases, for the committee properly to discharge its duties
II may be that change in the mode OF ascerainng
these distances is necessary but the resolution in ques
ton simply proposes to change the law by "consruc
made in any such measures, but would cheeruy consent
that the whole matter should again go before the commit
tee Tor revision. He (Mr CD approved OF the amend
ment proposed by the gentleman from Ohio on his lett
lME CARTTER which, however, failed to meet the OBJ
lect proposed by the resolution. The two questions
should be separated That embraced in this amendment
was q subject which not half dozen members differ
ed from the rest of the House, and should be acted
upon rs TO relieve the members generally from unjust
representations in that connexi0n
Mr.. BAYLY. AS both sides have been heard on this
NJ jAcoB III asked him to withdraw ii,
MI. THOMPSON said that the gentleman from Ohio
IMr SwrrrsrR j having explained and re planned his
preamble seemed rather TO admit that 1t was reflection
upon the House, and had taken shelter behind what he
considered another reflection upon the House The gen.
eman had said that the limitation of stationery 10 thirty
Eve dollars for each member for the long session was
reflection upon gentlemen, and had defended his pream
BILE on the principle that If man took one insult he
would take another That rule, it was well known,
passed under peculiar circumstances. II was intended
Is reflection upon one member OF the House; and every
gentlemen knew il. There was not even division OF
the Home nee y ggo nS & ~. !. =. -,
operate upon the members Of the Congress which passed
il, or upon the succeeding Congresses.
Mr.. THOMPSON replied that it was intended for the
new members, but they had not known who coming
after them.
But the gentleman from Ohio che continued) had said
Ss, members who had received MILEAGE under The law
and under the construction put upon il Tor the last thirty
years. had been guilty Of fraud upon the law and upon
did not come back with more force upon the gentleman
from Ohio himself than upon those honorable men who
had gone before him. He lMr. To did not envy that
sale reflection upon the members of all the preceding
Congresses for the last thirty years. who boldly asserted
that all the Vice Presidents; all the Speakers all the
members of the Senate, and all the members OF the
House. for the last Thirty years. embracing every variety
Of character as well as the very best men Of which this
land could boast and he believed OF the purest
well a. the greatest mea who had ever walked the face
Of the earth. had been guilty OF fraud upon this law.
The gentleman il was who now came forward to cast
reflections upon all those who had gone before him He
(Mr IT, would make no further comments upon this SUBJ
eci The gentleman himself would feel in his own breast
that the reflection came back upon himself The gentle
man could not cast that stain upon those who had gone
before him.
He concluded by renewing the demand for the previ.
Gus question, in accordance with his pledge 10 Mr..
Mr.. BAYLY moved that the House do go into Com.
miitse OF the Whole the state OF the Union, to
sdsT the joint resolution from the Senate limiting the
expenses Of collecting the from customs for the
The SPEAKER stated that the notion to be in order.
must be simple motion TO 90 into committee, leaving the
committee TO determine what business would first take
up.
Mr.. BAYLY then moved the previous question on the
resolution from the Committee Mileage, and amend
ment proposed thereto.
Mr. SCHENCK desired him to withdraw the call for
the previous question, enable him (Mr 81 offer an
amendment instructing the Committee on Mileage To
bring in bill for the settlement OF the whole oil the
poiRts in issue. But
Mr.. BAYLY declining, the question on the previous
question put. and the House seconded the demand
and the main question was ordered
The SPEAKER stated that the first question would be
on the amendment TO the amendment proposed by the
gentleman from Ohio, lMr. CARTTER,] then on the
amendment OF the gentleman from Indiana, MIR Coz
MANI and then the resolution from the Committee on
Mr. ASHdUN moved that the whole subject be laid
on the table; and il was agreed to.
Mr.. BAYLY moved that the House do now resolve it.
self into Committee OF the Whole on the state Of the
Mr. STEPHENS desired the gentleman from Virginia
10 withdraw his moon, to enable him TO to proceed