The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-19
Mr. DAVIS No, sir do not state that.
Nr. DOWNS. Ga lhe contrary, has he no

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as salary He still accepted the cerkshp provided for IN
the bill of 1850 he being the time secretary OF the cen
sus board need not 90 over that ground but ne wen
on and received the salary under that act Tor several
ouarters do not remember how long, and II Is not very
mate Tialwhen the idea came over MS mao all az once
that he was still secretary OF the census board ana was
entitled 10 pay in the two Offices An order was issued
by the present Secretary the Interior 10 pay 10 nun sal
AIRY OF SO 900 out oil the TWO Offices. The amount paiu
9, 000 but it made up out OF the Two olnees
That was paid BY and by, The account, whefe wJI
allowed reached the comptroller, who is required as al
other officers are, 10 grant money onl oil the treasury
without warrant of law He said he did not consider
the order OF the Secretary OF the Treasury law mpera
tive upon him, and he went into the matter to ascertain
whether there any law. he found there was none
authorizing him 10 allow the additional $500, All tha
he found was the order OF the Secretary OF the Interior
He therefore declined paying it, There the matter stood
until Mr. Kennedy 10 The COMMITTEE on tue Judi
ciary, of which the senator Mr.. Dowssl is chairman
and prevailed upon TO recommend amepdmen to The
law Of lS5oo strike out portion OF this law and pu!
in other words which were designed as lar as they had
any meaning IN hem 10 cover the salary allowed to The
secretary OF The census board.
showed, former occasion, that the duties OF that
board limited TO preliminary necessary TO
take the that II was appointed for that purpose
and the only duty under the act OF $780, which remained
10 them after the act OF 1850 passed. was TO nnsh
the printing OF the preparatory papers This money was
claimed and ordered TO be paid to Mr. Kennedy not only
after all the preparatory papers had been printed and used
but after the had been taken and the returns made
One very extraordinary feature in this ls that there
certificates oil gentlemen OF great respectabity, say
ing that the board still continued ~ existence after
the taking OF the complete IN Itself and hn-
ished although the law reads in terms plain as Ian
guage make il, that the duty OF IT, remaining after
the law of 1850 enforced, only 10 complete the
printing of the preliminary papers. In this state OF things
The amendment OF the senator Mr. DowKsl passed
through both houses OF Congress, modifying the law
as in the judgment of the senator from South Carolina
Mr. BUTLER, TO allow both salaries. Then the expana-
tory resolution, brought in by me- passed, saying that IT
was not The Intention OF ihe Senate or House 70 grant re
SO 900, TO grant the two sal aries IN any form. The
resolution explicit that subject. passed This body
after very full discussion, BY large majority, and II
passed the House, think, without opposition.
wish to call the attention OF the senator from LOUIS
ana-for know he desires 10 be right on The subject
tact which proved when this subject was up
befoe and will give him the name OF The witness If he
chooses-a disburslng agent OF the government-lhat
when Mr. Kennedy claimed the SO, 900 he said he would
still consider the subject whether he should take the two
salaries not that he would hold that matter
der consideration What his purpose was do no, know
and do not undertake TO say but that is the statement
OF the Witness and It stands gnconradicied Alter this
resolution had passed through here and gone to the other
House. it failed TO be acted upon there during the last
sion and here wish to call the attention OF the Senate
to another important fact My information OF the subse
quent transactions this: that after Congress had adj
ourned and separated the Secretary OF the Interior or
dered that this clerks salary should be made up from the
time he entered into the office, at the rate OF 80 600
year, Notwithstanding the tendency OF that resolution, de-
ciaIing that such thing was intended. That order
sent the disbursing officer, who said, can only
dsburse money under the authority OF law, and |
know, Mr. Secretary OF the Interior, OF no law which
authorizes me TO pay this" And, sir he learned les
son instructive all who venture TO maintain their IN
,egrity and honesty. He was removed from his clerk
shipa man that had been clerk under the government
for some twenty years removed because he honestly
thought there was no law authorizing the disbursement
OF that of money. Or course, man appointed
to his place who yielded obedience TO the Secretary OF
| the Interior and paid the money.
| Now, lei me state to the senator from Louisiana
anothing thing, and think he cannot fail TO concur with
me- This very movement here 10 that payment
This provision in the bill is designed and intended to
cover and legaze this paymen, ordered by the Secretary
That the object of it, say TO the senator IRON Louis
lana that object the manner, 10 the blind which
are employed to obtain the money Ii this gentleman
had forward and honestly and fairly stated that his
salary inadequate to sustain and support him reputa
BLY, and asked increase of salary in many words
he would have presented plain proposition which
could upon but, instead OF that, he has come for
ward with one proposition after another IN circuous
way, and now instead OF asking for increase of the
salary allowed TO him, he is 10 be paid al the OF
So ooO from what time' Why, SIR from The time when
he ceased be secretary OF the board down to
this time.
Now Mr. President. it stated last August. when
the Joint resolution passed. that The census board
then in existence aud that Kennedy was the
tay OF the board and that The department acted in max
ing The payment TO hun on that assumption But the
moment you pass this law it will chauge the whole state
OF things, and he will claim that he secretary TO the
CENSUS board only To the time when he took the clerk
ship of superintendent OF the The certificates OF
heads OF departments will then vanish before the Other
evidence Ii this is debaabe question: and il certainly
has debated why should not the salary be fixed by
deermnae Limitation. Ii il be really intended to give
him 50 900, $4,000, any other sum, why should il
not be fixed specifically, instead OF reverng TO that old
sputed matter the census board and thus another
dispute whether il is in existence again repeat. ii is
the manner, II is the way IN which Congress is APP
preached, that complain of and am ready to add to
that, that do not think the man merits the increase.
The senator from Louisiana has intimated that have
some bias my mine that l am influenced by some
considerations extraneous to this subject Well, sir,
take the facts as give them, and willing to leave
the world TO Judge where the bias lies-wheiher in him
who advocates him who opposes the allowance.
leave 1t TO the Judgment OF the country in view OF the
facts whether there not enough to justify opposition
these claims without supposing any influence OF bias or
prejudice 10 be governing motive think that, instead
OF there being anything for the public 10 in the
action OF those who oppose this allowance, 1T might be
fairly submitted to the country TO in whose mind the
bias lies-wheher in him who supports opposes it.
But having done What deem to be my duty, feel ndif-
ferent about this matter. care very little about it,
very little what course II takes what II comes 10
But have sell respect have witnessed the course
OF this gentleman have seen the kind OF language he
employed with regard to the select committee raised by
this body, of which my friend from Delaware Mr. Bay
Ard was chairman, and who made a report-an elabo
rate and able report upon this Subject Well, sir,
happened that had little knowledge of that report
had no opportunity read her it, Bot ask the seaa
tor from Louisiana to read criticism made upon tina
report by Kennedy, and then decide whether il is proper
tor gentleman in his position to make the remarks which
were made upon the report of the senator from Della
ware, and then bring here and lay IT upon the table OF
senalors-remarks which rude and censorious in
their character, and which dare say the senator iron
Delaware would have right TO characterize lbeous
| Then this gentleman has done other things, | think
! VI he is not instrumental in publishing calumDy afte
calamny the press upon those gentlemen who hav
opposed his wishes know who gets up these ,ibels
But this know, and inform the senator from Lousi