The daily union., 1852-08-17


was adopted and instead Of expressing directly that the
salary OF this officer should Be three thousand dollars
year. repealed the clause in the acl OF 1850 about which
there had been some ambiguity.
Now, Mr., President, the only doubt existing upon that
subject as 10 The popney OF that law, whether the
functions OF The Census Board did exist after the OF
1850 was passed apprehend, sir, that the difficulty
which has arisen IN this case has arisen from
prelaoa OF the law in this respect The honorable sem
ator from Massachusetts MIR DAvIsl seems TO have
adopted the idea that the functions OF he Census Board
ceased after the passage OF the OF but that MIR
Presden is clearly not the case for in the of 1850
there is express provision that the functions OF this
board for certain purposes, shall be continued In the 10Th
section OF The act OF 1850 is this povisionthat he
blanks and preparatory printing Tor taking The
shall be prepared and executed under the direction OF the
Census BoaId the other printing hereafter TO be execu-
ted as Congress shall direct" That clearly, Mr. Pres-
dent continued the Census Board but that s not the
only proof u matter OF fact which is the main thing in
this controversy Tor we find that Immediately after the
passage OF that law The proper officers OF The government
gave thai construction TO J. We hnd t6at IN July 1850,
administration. made this statement OF their opinion that
the board was still existing:
oFrioe CENSUS Board,
Washington, July J. 1880.
Mr. Kennedy, appointed secretary of the Census Board
in accordance with the of 4h March, IS9 continues
perform his duties as such and viii continue perform the
same until The requirements OF the 10Th of the
OF l3l May lSoo have been complied with, and the
counts settled.
REvERDY JOHNSON,
j. COLLAMER.
So that after the passage OF the law of 1850 he conta
ued his functions and find that in 1851, on the 3Olh
OF September, 1851, when the question raised again
as TO whether these functions continued an application
was made 10 the Census Board, then consisting OF differ
ent individualshe Attorney General Secretary of State,
and Postmaster Genera-and this letter received Ii
is not dated. but it refers 10 letter from the Secretary
OF the Interior TO them dated September 3o 1851 that
it is evident that must be the day II is follows:
We have received your letter Of to-day, and have the
honor 10 reply that do not consider the Census Board
OF which we are members, ns dissolved, or Mr. J. g G.
Office The duties for which that board constituted
s os sys as m aa and
secretary still in office. and entitled such The sal
]; J; GeITTESpENs
Secretary OF the Interior.
So Mr. President the case is very clear, both from the
construction of the law and from the construction which
the Attorney General being of the Census Board and
that distinguished officer himself proposed that payment,
on the ground that the functions did SO continue.
apprehend, Mr.. President that the reason why the
senator from Massachusetts Mr. DAvIsl fell into that
error as to the functions of the Census Board s that the
census bill OF 1850 reported and adopted first by the Sen.
ale OF the United States, did not contain this provision 10
continue the Census Boad and in consequence of that
the bill in different FORM The goth section
adopted, winch reads thus:
SEC. 90 And be rhey enacted That, for purpose
ofcarying into effect this act and denying the preninay
expenses there shereby appropriated out Of money in
ay thousand dollars out Of Which the said Secretary Of
the Interior may allow 10 the person employed
OF the Census Board compensation after the OF three
thousand dollars per amman during the period he has been
in their employ" I#
Now, Mr. President, that was evidently based on the
idea that these functions should continue. But after
wards amendment made in the House, which
seems 10 change the features OF the bill But il not
s sans Of sssss aoed p
twentieth section There some difficulty about it,
some ambiguity in it and therefore il necessary TO
make that amendment to the law which was suggested
by the Secretary oil the Interior which was adopted by
The Senate. s#
Now, where is the great responsibility or improperly
IN that course Is not evident that in the exercise OF
these functions, the secretary of the Census Board
and should be- entitled 10 compensation! Ii
evident, think, that he was. Hehad not received the
money, but certainly he ought To have received IT, The
proper law officer OF the government had decided that
the act clearly contemplated that he should receive it
but the difficulty made by the comptroller, and
therefore some provision in the law was necessary
/ understand that the objection made 10 this is, that
the law ought to be modified or some explanatory act
ought to be passed. because the law authorized the
ceip Of both saarieslhe salary OF $4,000 clerk, and
OF So 500 superintendent OF the Census Board 1t
sufficient answer TO ihai that no such claim has ever
been put in The application which was made was not
for that purpose The manner IN which the Secretary,
the Senate the House OF Representatives and the
mees OF both houses understood il was, that never
contemplated any such idea that; and no such claim
set up after the passage OF the act Mr. Kennedy
applied for the $3,OoO-nothng more. Where, then, was
he necessity Tor 1uriDer egslauon upon tnis SUBJECT
Where the necessity OF explaining modifying the
act TO get rid OF the supposed difficulty Before
the resolution OF the senator from Massachusetts, Mr.
DAvIsl brought forward, having reported this BILL !
spoken TO about the matter and the FIRST question
asked was "Has Mr.. Kennedy asked for double sala
Ty| understood he had not | then said, "Where is
the necessity OF providing against evil which will
never occurl IL MIR Kennedy applies for double sal
ary then let US make some modification OF the act Tor
is plain he has made IL. So the committee
dersand il, so both houses understand IL and where is
the necessity OF niemedilng in matter where diff
Guilty question arise However, being intu-
enceJ by The the senator from Massachusetts,
Mr. DAvsl paid further attention to the matter, and
he brought forward his resolution. thought there
necessity for the interference and though was pres
ent when the proposition offered, ] did not think
proper interfere Perhaps ought 10 have done so,
because reported the bill; but as saw there
necessity Tor it, and the senator seemed TO wish TO get
into quarrel with OF his wing friends considered
no business OF mine. | thought would let him
consult his Judgment in the matter and my
was not involved il unnecessary for to interfere
make the explanation now, because in these various
explanations il to have been referred TO as a
matter of 40 much Importance. and my responsibility
has been referred frequently, that really thought
there might be culpablity attached TO the proceed
ings OF tbe committee.
49, them plain and ordinary transaction. AT the re-
quest cf the department. this clause put into the BILL
underwent the ordinary discussion here and in the
House OF Representatives IL reported upon by the