The daily union., 1852-08-08

things and finally made report 10 the Senate need
not 20 through an account OF the weansome discussions
which we had here upon that subject and the various
amendments offered That is matter which has no par.
tcular connexon with this question. The passage Of the
bill was long delayed by that process II then wen
to lhs House. where was pretty thoroughly discussed
and these tables or less modified and amended
thereas think, not to the advantage oil the public
vice The committee passed il, but s passage de-
layed until the 2sd day of May WHILE by It's own terms
II was TO 40 into Immediate operation, and the census
was TO be taken on the first day of June. But in this
same law OF 1850. called sthe census act there was
further provision made thar, nasmuch as the Census
Board had commenced the printing of the preparatory
matter they should supernend that until it's completion
Will read this provision oil the law The latter part oi
the 18th section is 10 these words:
"The blanks and preparatory printing for taking the
census shall be prepared and executed under the
q the Census Board the other printing 70 be executed
Now. sir what is this "prepaatory printing!" II is
the printing Of the blanks and Of the crculasnothing
else That printing should have beea.comple.ed the
day when the census was to be taken because all of
these papers should have been dsiboied by that day
But whether they distributed upon that day. and
The business was then completed or not the purpose
to transfer the duties of this Office of secretary of the
Census Board to the experimenting clerk. Why, sir,
what had the experimenting clerk to do il ii not his
the banksl said that the duties OF The experimenting
clerk and those OF the secretary OF the Census Board
were idenlical-ihat they and the same thing
and It is difficult to conceive, if to maintain an
officer under the of secretary of the Census Board
to perform that duty what would have been left for the
superintending clerk to do. speak with conf
dence upon this subject because the terms of the
thorze me so TO do and think the meaning and nten
ton OF the act, so far understand it, authorize me 90
to do
will now proceed to show that Mr.. Kennedy himself
acquiesced in this view OF the matter He to be
settled with by the terms of the act of ls49, when his
duties were completed and ended Congress then to
assign to him the pay which he to receive. Well,
Mr.. President what did this gentleman do after he
appointed experimenting clerk He called upon the de-
parlment for settlement, pursuant TO the terms of the
act he got his certificate from Mr.. Clayton the then
Secretary OF State, certifying the time for which he
entitled to pay under the goth section of that Here
s Mr. Ciayton's certificate, but need not trouble the
Senate with reading it. II states that Mr. Kennedy was
entitled to thirteen months pay. This carried up 10 the
LIST day OF june 1885, and he received from the account
ing ohcers OF the department. as secretary OF the Census
Board up to the ls day of June, his pay after the rate
of SO 900 year.
Il will be noed Mr. President. that there is something
significant in these dates The lst OF June did not end
quarter but il was The point Of time when The census
to be taken, and the settlement up that date
The 3oh OF June was the quarierday On the 3oth Of
June this gentleman received his pay experimenting
clerk at the rate Of 500 per annu for The month and
nothing claimed AT the end OF the next quar-.
ter, hs 3olh OF Sepember he received his pay again
as experimenting clerk. and demanded nothing more
and the Comptroller very Significantly expresses it,,
the idea OF double pay. or compensation secretary Of
the Census Board and experimenting clerk, flashed
through this genteman's mind until more than seven
months had elapsed from the day OF this settlement
More than months had elapsed before this thought
of so constituting the statutes TO secure to himself
double pay had ever entered into his mind The thing
passed along and the 26h OF December 1850 there
order issued by the Secretary of the INTERIOR
which 1 invite the attention Of the Senate. Now. my
friend from Tennessee Mr.. BELLl will whether he
is right and my friend from Georgia Mr. DAwsoSl will
see whether he rs right in saying that this gentleman
never demanded lena pay Tor more than one office.
| Mr.. BELL That is what said
| Mr. DAVIS will now read that order for the in
formation OF the Senate;
| DEPARTMENT OF The INTERIOR
Washington, December 26, 1850
SIRi You hereby directed pay to Joseph O. G.
Kennedy esquire, for his services superintendent OF
salary at the rate Of $4,000 per annum, commencing on
the ist Of June 1850 and this shall be your authority for
ALEXANDER H. H. STUART,
Secretary.
R. II. WILLIAMSON, Disbur.ing Agent,
Department of the Interior.
Now, sir, say that this order issued under
mistake and msappehension Of the law. IL is quite i'm
possible assign less sum than the salaries II he
authorized anything to be paid 10 him secretary Of the
Census Board. III he authorizes anything TO be paid
this gound deny the power utterly to limit il to $500
II there foundation broad enough IN The construction
OF this act to authorize the payment OF $500, il is wide
enough TO 50 600 and if he is entitled to receive
pay as experimenting clerk OF the census and also
secretary of the Census Board he is entitled by law,
whether be claims it or not, to $500
Now, sir, let us see for a moment what done
der this order The disbursng officer of the Interior De-
partmea proceeded TO make the payment according TO
this direction of the Secretary, and he made payments for
some eighteen monhs allowing, IN the FIRST place, the
salary OF 81 500 10 this gentleman superintendent OF
the census and then also allowing him $780, instead OF
SO, 900. as secretary Of the Census Board
New, let us stop here one moment Mr. President, and
what this paper which has been read by the hon
orabe senator from Georgia, [Mr DAwsos,1 showing
that this Census Board never dissolved. 1 think
have shown clearly, BY the terms OF the statute, that If
they had any duties which any person TO perform
their behalf secretary these duties transferred
to the experimenting clerk Of the But, sir, let
us look moment al this matter and see how il stands
These blanks and circulars ought to have been dstrbu
ted-whehsr they not do not know-before the
lst day of June. That they nearly completed at
that time, and the business nearly finished, cannot admit
OF doubt. Well, sir, what remained then The Cea
aus Board bad but two offices TO pedorm-one TO
prepare the blanks, and the other TO that they
were printed and when they made their report TO the
Senate and House OF Representative they were Jlnc
fus ofHcio. There an end OF their duties. That
report made some time in February, 1850.
Then il had no, been for the fact that by the law OF
1850 they left with the duty Of experimenting the
preparatory printing which remained to be done, they
would have had no further duty at ALL How long did
that duty last How long time required for the
printing OF the preparatory papesthe blanks and circu
lars Sir Is not striking fact with regard TO this
matter that this order dated December &c. and when
been completed and returned Then, sir when the
sus completed, and the returns were all made what
duty bad this board to perform with regard to printing
these preparatory papers Sir. cannot make the argn
ment any stronger any palmer than the statement OF
the proposition itself makes it, Ii is preposerous Mr..
President, TO say that this board in existence, and
had right to employ secretary when that secretary
could be none The Office will be snecure if it is con-
6rmed But sir the the whole OF s, that they
the appropriate duties-f there were any al all
OF the supeuniendng clerk.