The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-19


that this debate will run 10 great length unless il ia
stopped. We have very little time lett. and | hope
we may be permitted 10 come TO a vote upon the
question.
Mr. DOWNS. hope the senator will not interposs
in matter in which have some personal concern, MIR
President regret very much proong the debate, but
must say few words on account OF the extraordinary
remarks OF the senator from Massachusetts, As to his
bias this subject shall say not one word more ex.
cept that il his speech which he has now delivered does
moi imply lille leaning that way. am nothing that
could say woud show II. As to the attack made by
Mr. Kennedy on the senator from Delaware, and Other
democrats who SIT around me- suppose II they are
rously assaed by Mr. Kennedy they can defeni them
selves without the aid of tie senator from Massa.
chusetts
from Massachusetts has spoken, will give my relation
of il ID is this: When the bull was before the Judiciary
Committee and certain amendments were being made
10 the and the manner oil asceftanng me votes
of The different States, application was made by Mr.
Kennedy the committee, not for an increase oil salary
as the gentleman says not TO make provision author.
izng double salary, any increase OF salary al all
bu only this Under the construction gwen by the Sec
rotary Of the Interior TO the two laws his accounts
certain tune bad been paid at the rate OF $4,000 The
comptroller of The treasury thought that was wrong and
therefore there difference OF opinion between two
public officers TO the question whether x2ooo or $4,000
should be paid He explained The matter to me- land
a majority Of the committee concurred with me--thought
that i, reasonable and fair. and that the ordinary
way of removing doubt was 10 insert such words In
the bill would authorize The payment Of $1,000 IN fu
taTe accordance with the opinion OF The Secretary of
the Interior That bill was reported 10 The Senate, and
passed this body Ii went 10 the House. and was passed
there also. Nobody discovered that the treasury
ruined or thai great frauds were being committed upon
it, The bill discussed other points, IN the House
and perhaps this point also But this great Of
was passed.
After the bill had passed. it was discovered; and
II believe il would have been discovered in either
house oil Congress but for certain officer OF this gov
ernment, who thought that the payments made by the
government must depend upon his fiat. The comptroller
who had had controversy with the Secretary Of the In
tarIn anI haIt I'm yuuo
still obstinate, and back here with great bugbear
that this stupendous fraud, that MIR. Kennedy
would receive salary Of So 500, and another OF SO 600
recolIect that with the zeal which be evncts now,
the senator from Massachusetts came to me acting
chairman Of the Committee ON the Judiciary, in the alb
sence of the chairman to explain the wonderful Outrage
which was likely TO be committed, and the great over
sight which the committee had made. looked into the
matter, and told him | thought he was mistaken. Mr
Kennedy disavowed in the most emphatic terms, any
intention TO claim than SO 600. II satisfied me at
The time that there nothing so monslrons in this great
scare-crow, and refused, and other members OF the
committee refused to take the matter up lprefered to
let the from Massachusetts, he chose TO get
himself into controversy with his whg BRETHREN 10 do
So and that should take no part in It. Vi 90 little i'm
portance did consider it, that when his joint resolution
was introduced said nothing on the subject. did not
feel myself called upon TO say anything did not feel
myself personally involved IN the matter al that tune at
tce, believe, from anybody except the senator from
Massachusetts Afterwards some explanation took place.
first when | was absent from the Senate, and again
when | was here, On the latter occasion ! gave the
same explanation which give now, that the bill did
not admit OF the construction which the comptroller OF
the treasury and the senator from Massachusetts said
| i, did.
/ The resolution of the honorable senator from Massa.
chuses passed the Senate but It did not pass the House
/ He says-and he brings that charge against M r. kenne
dy-tha after the resolution passed the Senate when
had passed the House, the Secretary OF the Interior
allowed the salary TO be paid al So Ooo and, because
Mr. President the gen,lemans arguments are very incon
sisent They look exactly different ways. II the law
which reported by the Committee on the Judiciary
was in force. and certainly il was. MI Kennedy was en-
titled 10 $4,000. Then il the law. Mr.. Kennedy
perfectly right in claiming the SO, ooo and the Secre
tay of the Interior was perfectly right 10 allowing and
there subordinate in the office that would not
carry the provision OF the law made expressly for that
purpose say the Secretary OF the Interior was perfectly
right In turning him OUT for do not know how the law
be executed in any other way when the officer re-
fused TO do it, there be any justification for turning
out OF Office il is on that very ground. That was the
law OF The land and the genemans resolution t had
to deem II as passed when had not passed the House
II was tantamount TO rejection, particularly alter Inc
explanation which had been made in the Senate. which
rendered ii very probable tina, il this subject had been
pressed before the Senate II would not have passed mere
originally.
Mr. Kennedy as having anything do with this matter,
that the law which passed by the Two houses OF
Congress al the assesson, authorizing the payment at
the rate OF SO 000 made 1t perfectly natural mat MT
Kennedy should claim it, and perfectly natural and JUST
fable for the Secretary 10 the officer who dis,
obeyed him, because he could not otherwise carry out
the law passed By Congress know OF no rule by which
officer of the government is 10 delay the execution oil
existing law because proposition is pc ndiDg before
one house Of Congress TO change it,
That Is the true state OF the case. The Senate Will
see how am drawn INTO this. | do not appear as the
advocate OF MIR Kennedy the Secretary of the INFERIOR
or body else; but to vndcate my own conduct and
TO show that the object, far as am connected with IT,
10 settle doubtful question TO whether this of er
was entitled 10 80 500 or 50 600.
| And here would remark 10 my friend from Texas,
that he is mistaken with regard to the object OF this pro-
vision in the appropriation bill lf~is not to increase
salary, to carry the salary back in point OF time It's
explain doubt about the law, TO say whether the con-
strucon placed upon by the Secretary OF the Interior
was right not Both houses ot Congress have given
their decision in favor Of this construction and one has
session. 1t ia true that, through inadverency or from
not understanding the subject the Senate at the last SEES
sion passed the resolution OF the honorable senator from
Massachusetts,. But now, when the subject has been
brought TO the knowledge OF the House OF Represent
atives they have to the same conclusion that the
committee of the Senate originally came to, and have
adopted this provision in the deficiency bill which Is The
provision that in the bill OF the last SEES
SION. | can nothing in this which requires 30 mucn
annadversion from the senator from Massachusetts
am drawn this matter, the Senate see, by the con-
which have had with the BILL and not IRON any
other did the act at first without supposng There
was any design in IT, Certainly, so far as Mr. KENNEDY
is concerned, he always disavowed any intention OF
claiming double salary. and believe the resolution OF
The impression had not been made that two salaries mgh
be drawn That disavowed at the time, and Is now
dsavowed and not connected with this question ine
question is whether under The circumstances, " ~ ian
and proper pay salary of $4,000 instead oil one OF
2,5oo thought that under the circumstances u shouu