The daily union., 1852-08-08

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is regulated is Objectionable; and my friend from
tennessee Sr BELLl 10 have acquiesced In that
view But sir, what plan would have been more appro-
pnatet What cond have been better pursued TO
have justice done, and the facts known TO the Senate.
ihan ths The Secretary OF the Interior calls upon the
Judiciary Committee regulate this question; and what
IS he sum total OF 1t! We by our legislation appoint
secreaiy-because authorize the Census Board 10 do
so--at salary OF SO 900 We authorize superintend-
ing clerk to be appointed with salary of $4,000. He
does mol pretend to claim both salaries be only asks Tor
the largest while he discharges the duties OF both offices
Now, so soon as the Census Board shall be closed
when the commissioners OF the Board OF Census shall
Dissolve the board and shall the fact to the
Secretary OF the Interior the secretary OF the Board OF
Census will have terminated his official duties and will
be entitled only to the salary of W 500 Then will come
up the question suggested by the senator from Tennes-
see IL not this individual justly honestly, and fairly en-
titled TO the sum OF $4,000 per the head OF the
Census Bureaul When we look at the abors perform
ed, and the industry and energy exhibited by him. can
see no reason why we should attempt to depleciate his
common ordinary heads Of bureaus. There is nothing
of nprvpriety nothing of injustice. and attempt made
by individuals heads OF departments to take any ad
vantage OF omission 10 make our laws correct. He
holds two Offices with different salaries He asks Tor the
largest salary, every would do When the Cen
Board is dissolved, he must necessarily fall back to
the 2 500 unless pursue the suggested by the
senator from Tennessee, and have the resolutions
amended to close this whole unpleasant matter, which
to be now, by declaring that his salary shall be
SO OeO
Nj DAVIS. | suppose, Mr. President. the whole
merits OF this matter open TO discussion upon the
question of recOnslderat alton.
Tie PRESIDENT. They are.
M. DAVIS. Then. sir, if the Senate will lend me
their attention, will show by the terms OF the law itself
thatthe conclusions which the senator from Georgia and
the senator from Tennessee draw mistaken conclu-
sion,-that they mistaken in their apprehension Of
the earest OF the statute itself In order to
mpsh that purpose must refer to the laws which
have been passed upon the subject. 1t is qualification
engage in this controversy, and have for borne
hitherto TO enter into it any further than was necessary
to known the object OF the resouiion but il has
now become indispensable that the facts should be made
known, though they involve personal conduct There
have been differences OF opinion in the departments, and
shall refer to them far to make the matter under
stood, and no further. think can show very clearly
that The secretary of the Census Board by the terms Of
the law had ceased to be officer OF that board when
the act of 1850 was passed Il is true that in
ls4e there was an act passed the subectan act the
title of which is, "An act TO make arrangements for Ia
king the census That act provided that the Secretary OF
Stae the Postmaster General. and the Attorney General
tha, should be their duty prepare blank forms for the
enumeration OF the Inhabitants and blank forms Tor the
other purposes which usually embraced within
sus, and to print them wish to call the attention OF
the Senate particularly to the last section OF that act
That section does not, as the gentleman says provide
salary of 80 900 year TO this secretary but author
zes the appointment OF secretary will read IT, Tor y
is very brief:
"That the said board shall have power appoint
reary, whose remuneration shall be determined by Con-
ge,s upon the completion of the duties assigned to the
The remuneration is to be determined by Congress on
the completion OF the duties assigned 10 the board Then,
sir, by the terms OF that act there was nothing TO be paid
to this officer until the duties were completed that IS
very obvious Then the census act OF 1850. In
The nineteenth section OF that act hnd the following
provision:
"And to enable him" Chat is the Secretary of the Ine-
ro) .the better discharge du,ie Is hereby
lhorzed and required appoint suitable and petent
person as experimenting clerk
Not as head OF bureau, as gentlemen assume, but
experimenting clerk under the direction OF the Secre
tary OF the Interior
agement apper,an thereto with the privilege
Of anking and receiving free OF chsge all official docu
mens and letters connected herewith"
He was to be competent, and it was to be his
duty 10 superlntend generally the That is the
express duty assigned TO him.
Here will remark that this is departure from the
usage which had heretofore existed for when former
were taken the duty OF general supervision
referred 10 the head OF deparment-he Treasury, be-
leve, peviousy-ani he assigned such force he fit
from the ordinary clerks OF the department 10 discharge the
duty OF digesng the enumeration and the statistics This
oticer-a higher grade OF clerk-and receiving,
believe as clerk higher salary probably than any
other individual in any OF the departments
Now, let what provision made in the act for
the pay OF this gentleman. What | have read is from
the nineteenth section OF the law which passed for
taking the seventh census. | read from the twen
tielh section OF the same act
dad Be IL ffhg enaeied, That for the purpose OF car.
ryng effect this act and defrayiug the preliminary
penses there hereby appropriated, out OF any
which the said Secretary OF the Interior may to the
person employed secretary OF the Census Board
psnsaon the rate OF $4,000 during the
period he has been in their employ"
Now sir, the senator from South Carolina (Mr Bur-
LERl entirely right in the declaration which he made
when he took The hoor that the purpose OF the
mtee and the purpose OF the Senate and of the House
OF Representatives TO limit the pay OF this gentleman
the pashat for services rendered anterior to the pas
sage Of this act They considered his duties compile
ted and for that his pay DUE according to the act
OF ls4e but whether completed not the duties OF
reary OF the board identical with the duties OF su
perinending clerk The 10Th section OF the act OF 1850
contained provision for the appointment of competent
and suitable person TO be experimenting clerk, who.
der the direction OF the Secretary OF the INTERIOR
superinend all matters relating 10 the II there
any duties remaining for the secretary oil the Census
Board they transferred to this clerk. That is the
clear intention and the clear Interpretation OF the act and
is clearly susceptible OF no other construction than this
Congress limited his pay secretary OF the Census Board
TO the past because they knew that they bad provided
another officer who to perform all the duties OF super
nendence. The duties OF the secretary o the board were
therefore 10 end with the passage of the law, AMI the set
temeni with him TO be final because his service
completed The fact that officer was created to
perform his duties made this arrangement not only appo
pirate but indispensable. There mistake IN the
use OF words but the contrary the language employed
carried out the purpose OF Congress.
Having now referred TO all the parts OF the law mate
rial 10 this issue, solicit the attention OF the SEN
ate to very brief narrative OF what has been done 10 the
department do propose TO follow II through all the
stages OF its progress, but think can show clearly that
even Mr. Kennedy himself gave just the construction 10
this act tor which contend said that on the 27h
OIL May 1850. he wasapponied experimenting clerk, and
the 23d day Of May. 1850; and il the Senate will carry
these dates along with IT, aud look into another provision