New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-22
THAT CONSTRUCTIVE MILEAGE.


March, 1851, have at length obtained
sort of legalization of their act. We can
not, with due sembance of respect to those
engaged in this business, speak of it as it
deserves; but neither can we permit the
matter to pass without calling attention to
the material facts-viz:
l. No act was ever passed-none ever
could hare been passed-by Congress, au-
thorizing Constructive Mileage. 1t is a
matter of construction altogether, and GER
tainly not strict construction
.. Though no such change was antici-
pated in the less barefaced days of the Re-
public, and of course none expressly pro-
vided against, any more than the stealing
by Senators of the furniture of the Sem
ate chamber is, yet there have been laws
on the statute-book these thirty years
which clearly preclude the legal taking of
this double Mileage. For instance, pro-
vision of law as old as 1916, and never
repealed, prescribes that no Member Of
Congress holding orer from one Session to
another shall receire as Mileage more than
his pay ,Sould hare amounted to had he
continued legisIating through the interim
betUeen The two Sessions. OF course, as
there was no interim between the close of
the last Congress and the called Session of
the Senate which Immediately followed,
no Mileage could be charged by Senators
holding over from one to the other.
3. Nobody ever claimed constructive
Mileage till I841, when single ne0 Sena-
tor, having served in the House down to the
Sd of March took his seat for the first time
in the Senate on the 4th, and was allowed
Mileage as if he had come from home on
purpose to attend the session of the Sem
ate. Following this, in March, 1945,
claim of Constructive Mileage was set up
in behalf of the Senators holding over
from Tyler's reign to attend Folks called
Session, and Vice. President Dallas certi-
fed it as just. About half the Senators
thus authorized to claim it took the plum
der, and their accounts passed the scrutiny
of the departments.
d. In 1849, on Gen. Taylor's Inaugural
ton, fresh chance for such grab was pre-
sented; but Mr.. Fillmore, who had sue
ceeded to the Vice Presidency, was OPP
posed to it, and would not have certified
these accounts. This fact being ascer-
tanned, they were held back, and never
submitted to him; but, on his vacating the
Chair to permit the usual appointment of a
President pro tem., Mr.. Atchison, of Mis-
souri,, was put in the Chair, the accounts
of Senators submitted to him, and by him
certified, Constructive Mileage and all. By
this stroke of his pen, some $4,000 were
construed out of the Treasury and nearly
$4,000 of it into his own pocket.
5. These accounts went up to the Con-
troller's office (Mr. Whittlesey's) for
scrutiny, and the Constructive Mileage
was there rejected. Mr.. WhitIesey made
an elaborate and lucid Report on the sub
ject, clearly showing that the Constructive
Mileage was illegal. But his decision was
overuled by his superior, on the ground
that the Senate was the judge of its own
accounts, then why send them to the Con-
troller at all ? and the Constructive Mile
age was got through.
6. The attention of Congress being now
drawn to the subject, the House unani-
mously passed an act prohibiting the pay
ment of Constructive Mileage, to which
the Senate assented. But, as nobody sus
pected that another Called Session of the
Senate would be convened before 1853,
the interdict did not, in terms, take effect
till that time.
:. The last Senate wasted its time scan
dalously, not sitting more than six hours per
week for half the Session, and squandering
time to the close, leaving great mass Of
Executive business untouched. The Pres
ident foreseeing this, had, few days be-
fore, summoned the new Senate. About
fifty of the old Senators held over from the
XXXIst Congress, which closed on the Sd
of March, to the called Session, which COM
menced on the 4th. Constructive Mileage
was again charged by the Secretary, in
making up his accounts, in behalf OF the
Senators holding over, and was allowed by
Hon. William r. Kin. the Rew President
pro fem.; bat Mr.. King. though he certi-
fed the correctness of this charge, declined
to take the Mileage himself though he
r,rnrn.tinnn hl,r nn.;.lnL o.. :. .c