The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-21
To the Editor of the Republic:

40 Ne kdtt0r Of the hepubttc:
take the liberty to make statement in your
columns-one to which solicit the attention of
every member of Congress. AT this period shall
do but little more than present condensed and
faithful narrative of the passage of the resolutions
affecting my salary through the two Houses of
congress, that those who may be called to act on
this question may not vote under a mistaken i'm
preston of the facts, and that the public may be
prepared to Judge in matter where between Sena
tors there has existed such conflict of opinion It
is no part OF my aim to allude to any personal mis-
understanding with any member of the Committee
on the Census, and shall confne myself closely to
facts of recorded legislation which cannot be
confused, mystfed, or evaded, when they are
grouped together. With respect to any Senator
impute improper motives, andregretto be forced,
by the influence of msapprehension, to appear pub
licly the author of any portion Of the history of
legislation. During the last session MIR. Mangum,
on the 9th August, 1852, made motion in the
Senate to make the pay of the Superintendent of
the Census $4,000 p, per annum See Congress
ernor Davis of Massachusetts, in reply, emphati-
cay stated that the Senate had done so, by the
amendment to 'sa former bill," which could be no
other than his 'sjoint resolution.' His words on
the page above referred to, as follows: stWhat
is to become OF the Census bill already passed,
which was designed and intended to give salary
OF $4,000 to this individual If this amendment
should pass, it will be an additional appropriation
for the same object" Under this statement, with.
out discussion, the question forced to a vote
and negatived
We here plainly see the construction stated for
this joint resolution lchile hapng passed the Senate
1t toos IN suspense in the House of Representatives
being by the mover and introducer thereof clearly
represented TO give me salary of S 5000. Of this
there can be no doubt. Now, let US see how this
joint resolution presented to the view of the
nfatl and with hat
standing it found its way through that branch of
Congress. will quote from the Congressional
Globe the entire proceedings thereon, which con-
tain the exact words of the mover, Judge Meade,
ofVirginia:
SUPERINTENDENT OF THE CENSUS.
tMr. MEADE In the bill which we passed at
the last session in relation to the Census there
a casual mistake which the Senate sought to COR
rect by Joint Resolution mo. 54J explanatory of
& an act supplementary to an act providing for
the taking of the seventh and subsequent cen
suses of the United States, and to fix the number
of the members of the House of Representatives,
and to provide for their future apportionment
among the several States" approved 23d day of
May, 1882 The joint resolution was sent down
here too late for action probably, and it is now
on the Speakers table. ask that it be taken up,
and the House will hear it read-and it is short
am sure they will see the necessity of putting it
it's passage, it relates to the payment of pub
lie money to the officers of the Government.
'fThe resolution was read first and second
time.
"Mr. STEPHENS, of Georgia. | would inquire
OF the gentleman from Virginia the object of the
resolution just read i could not gather it from
its reading
"Mr. MEADE. / will explain to the gentle
man. Aswell as | recollect, there was an error
committed by which the Superintendent of the
Census might by the strict letter of that BILL draw
his pay both as Clerk of the Census Board and
Superintendent of the Census When the Senate
became aware of this mistake, they sent down to
as this joint resolution for its correction 1t gives
the Superintendent the choice of being paid as
Clerk OF the Census Board or Superintendent of the
Census.
s'The joint resolution was then ordered to third
reading, and, according to order, was read the
third time and passed.
Now, would in in all sincerity ask if there
was any use IN the passage of this Joint resolution
OF the Senate, without its prompters intended that
1t should effect more than was represented? Did
not the last clause of the Civil and Diplomatic bill,
which had passed at the previous session, express
ly exclude the receiving of two salaries? Its lam
guage on that subject is clear, explicit, and con-
elusive. | know that Judge Meade, who at the
time was not aware of the passage of the provision
above referred to, was under the impression that
his statement was correct; but there were those
| behind him, however, who knew of the nlisappre
hcnsion which they themselves created 1t is there
fore still clearer that this joint resolution was re-
presented in both Houses merely ssexplanatory'
and was intended not to interfere with the act
which had previously passed otherwise than as to
limit to the allowance of one salary of S 1000.
Can it be construed into any thing else? Now,
what Is the practical lUorking of that Joint resolu-
| ton, and what was its object? 1t is decided, and
probably legally, that its practical operation is to
preclude the receiving of any salary higher than
$2,5OO, after the final passage of the explanatory
act and Is intended to act retrospectiuely to drar
back, for near three years, $500 per annum of the
salary of S. 900. 1t il under these circumstances
the House provided for the highest salary in the
Deficiency bill by the clause struck out in the
Senate on Wednesday; and the remarks of men,
Der (Hon. Mr.. Sweeser) on the 25th of January
last clearly explain the reasons and objects for its
adoption, as follows:
Mr.. SWEETsER. 1t seems that allusion has been
made to the act passed at the present Congress
which has involved this subject in difficulty
recollect perfectly well, when the gentleman from
Virginia (Mr. Meade) proposed to put that bill
upon It's passage, that rose to my feet and made
objection, but subsequently withdrew it, the state
ment having been made that the proposition was
introduced with the consent of MIR. Kennedy.
suppose that the House desires at this time to have
little to do with the subject of meandering legsla-
| ton. The plain practical question has been pre-
sented, whether MIR. Kennedy, who was employed
by the Government at salary of S 900 Clerk
to the Census Board, shall receive that salary until
| the duties OF that office are completed not.
| There ls no one here claiming that he not en-
| gagged at salary of 3 900. He has from the time
OF his appointment up to the present moment dis
charged it's duties in good faith, and whatever mis-
| takes have occurred have been in consequence of
| meandering legislation here
| 81 suppose there is not member present who is
not willing to give Mr.. Kennedy, up to the time
that the public shall have advantage of his services
that annual salary of $3,000-ihe pay of head
| of a bureau That is what was intended; and this
| House are now appealed to to stand up and do
right to this man, because if there be fault does
not lie at his door. He has done his duty, and the
proposition now is whether the Congress of the
United States will pay him the salary at which he
was engaged, or whether they will suffer interven-
ing legislation to defraud him out of it. Since the
act to which have adverted was passed. a con-
struction has been given it to the effect that Mr..
Kennedy must refund $500 out of his salary of
$4,000 for each year that he has received it since
| the passage OF the actcreaing Superintendent of
| the Census.
"The Judiciary Committee committed the error,
and as member of this House, in order to correct
that error, appeal that justice be done this man
that he be paid the salary of the head of bureau,
and taat legislation occurring here by common
| consent, induced by statements made upon this
floor, be not permitted to defraud him ont of it,
was cheated out of my vote that subject, and
intended, far as could to retrieve that grevous
wrong, and take the present occasion to say so
The moment the House of Representatives is
made aware of the error into which it had fallen,
the provision for the benefit of this officer, by
clear, large and decided majority is adopted, with
the knowledge and full understanding that the
joint resolution had gone through that body under
a naturalization of its effect. Now to recur to the