The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-19

fcallns
The Senate then resumed the consideration oil the bill
making gran, OF lands the State OF Iowa in aid OF
certain railroads IN said State.
Mr.. UNDERWOOD addressed the Senate at length on
the bill His remarks are withheld for revision Without
concluding he gave way 10 motion to adjourn, and
The Senate adjourned.
HOUSE OF REPRESENTATIVE.
After the reading of the journal
Mr.. KING, of New York. asked the unanimous
consent OF the House for leave report bill from the
Committee on the Judiciary. 10 provide for holding United
States district courts OF the disability OF the Judge
from sickness. But many gentlemen calling for the reg
ular order oil business
THE MILEAGE OF THE DELEGATE FROM OREGON
The SPEAKER announced the first business in order
TO be the question reconsiderng the vote by which
the House had refu sed order the bill reported by Mr.
iENDRICKs, from the Committee Mileage TO repeal
the clause in the organic law OF Oregon. restricting the
maximum OF mileage TO be allowed 10 the delegate from
that Territory TO ~ 500, TO be engrossed and read the
third time; on which question,
Mr.. HENDRICKS. who was entitled TO the floor, de-
veed speech IN favor oil the enactment Of the BILL say
ing that the gentleman from South Carolina Mr. WooD-
wARD had inquired OF him ii the law OF 1918, which
regulates the compensation OF members of Congress,
does provide that in no instance shall the mileage
exceed the per diem" lie replied that the law has
such limitation The only provision OF that law TO which
the gentleman can refer 10 THAT representative del
egate shall be allowed exceeding the rate OF eight
dollars day from the end OF one session 70 the time OF
his taking his seat in another" This would apply both
10 per diem and mileage, and, if literally construed would
limit BOTH during the first session of each Congress- to
such sum as the number Of days between the two
sions multiplied by eight would amount to. But such
meaning has never been given to it. has always been
understood as limitation upon the amount member
should receive under the provisions OF the section which
give per diem when amember is detained by sickness
on his way to or from session OF Congress Under the
law OF 1918 every representative OF State Territory
in Congress entitled 10 receive eight dollars tor every
day he attends al the House of Representatives in the
Senate and eight dollars for every twenty miles of dis
he n he al hia
cept the delegate from Oregon lie is the only gentle
man not thus compensated. To this discrimina
ton, and to compensate him by the law which APP
plies other gentlemen, the pending bill had been
ported
MIR. II. then read and commented upon the proviso to
the law of 1885, making an appropriation for deficiency
in the pay and mileage of members of Congress that
session. lie said he was compelled to differ with the
gentleman from South Carolina Mr. ORRl (whose Tepu
tatlon as legal scholar not conined 10 his district
or Sta,e) in the construction OF that proviso He would
have been glad he could have concurred with him in
his view OF that awthat the poylso is still in force
In that event. the pending bill would have been in
roduced The provso gave to the delegate from Oregon
mileage by the overland route; but that proviso is at
ached to deficiency appropriation bill which ceased to
operate at the close OF that session And we'll set
tied rule OF construction OF statutes that provso can
not have greater operation IN point OF time than the
statute with which 1t IS connected, unless otherwise
expressly declared in the provso Mr. H. read from 18th
PeteIss Reports The opinion OF the Supreme Court upon
similar statute
He then stated that he was opposed TO the existing
mileage law; that he desired to amended. tbai
the mileage should be estimated by the direct mail route
and take from members OF the House the odous duty OF
auditing each Others compensation claims. But while
the law remains, he did moi see one member de-
prived OF the benefit OF its provisions.
lie then replied TO the objections made to the bill by
MIR STEVENS of Pennsylvani He denied the doctrine
asserted by that gentleman that the delegate had vested
right in the compensation which the law provided the
time OF his election, by that the gentleman meant such
legal right that Congress could constitu,onay
change the rate OF compensation during the term. This
doctrine would forever prevent any amendment OF the
IN fhp pGatIn nf ia
in force postponed years. For short of that
time any change would necessarily affect the pay OF some
senator This grows out OF the peculiar organization OF
that body Ii by vested right the gentleman such
night as Congress ought not and would not IMPAIR unless
the public good required ii. then be agreed with the gen
teman
He said that Mr. STEVENS had next assumed that the
present delegate knew the law when he elected.
that he bad been governor OF that Territory, and
was familiar with the laws affecting the Territory,
and could not now ask any change as to his mile
age. Mr. II. said that General LANE had been gov.
ernor of that Territory, and that party prescription,
the personal enmiiy of the President had caused his
removal from that position 10 which the services which
he had rendered his country had elevated him that
when The law OF 1850 was passed. General Lane was
affairs, that IT not such law critically read
by many and when he elected il is doubtful
whether the law was then in Oregon Out Of this law,
and It's provlso, has grown the whole confusion in refer
ence TO the mileage OF the delegate from Oregon And
upon this law gentlemen OF this House. and OF the SEN
ale, and the committees Of both bodies widely differ
Some say il regulates the question: and gives the dele
gale mileage; while others hold that the law not now
in force, and that the delegate is limited by the territorial
law. And yet the delegate must not only know the stat
ute. but construe II correctly This is holding him TO
the old maxim as closely when executed
for their acts, whether they knew them 10 be criminal
not When elected General Lane knew that the late dele
gate bad received mileage for four thousand three hun
bred and fifteen mlesthee thousand four hundred and
fy-two dollars and knowing that, he did not and could
not expect to be brought below the very shortest mile
age MIR HEKDRIcKs then examined the argument OF
Mr. TooMBs, of Georgia. That gentleman had denounced
the law as unequal and unjust, because under it
bers receive unequal from the treasury. There
is another rule OF ascerianlng political equality Are
our rights defined by the same law measured by the
rule, and enforced by the remedes' II 40, then
we are political equals But if there be law and
rule OF compensation for hundred and thirty six rep
resentaives OF the people upon this foor and another
law, a restricted rule, for delegate, then is
there inequality and wrong And such he sad, was the
condition of the honorable delegate from Oregon that
from the general law And il had been well aad by Mt
PAaxxa Of Indisna, that General LANES ought not be
made an excepted special case that his distinguished
services for the country entitled him equal position
with all other representatives.
Mr. II said that in coming here TO represent the people
OF Oregon the delegate travelled greater distance, spent
tme incurred greater expense. and met greater dan
gers, than did representatives. 10 any OF the courts OF
Europe that in coming here he turned his back upon
his own pursuits, while gentlemen who reside near the
capital may look after their affairs And gentlemen ask
that his compensation shall be made special and
that against him Only shall this nyidous discrimination
be made He hoped the bill would pass and he hoped
be able TO report bill removing many OF the OBJ