The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1856-05-13

extra allowances to State officers, State
agents and contractors, and to guard the
Treasury from personal opportunities, so Of
ten being made through the legislature for
further allowances, and for the reason that
there WAS then no constitutional barrier to
this kind of public speculation. This being
the manifest aim Of the Constitutional Con-
vention, it will seem nm unreasonable rcfec-
tion upon its integrity and foresight to sup
pose that go far as they had definitely fixed
the amount of pubic travel of the circuit
Judges, as well MS all the State officers, they
should still allowthem to wholly defeat the
particular object aimed at, by charging to
the State their expenses for the very travel
that was plainly enjoined upon them by the
Constitution Mt the time their salaries were
fixed. The mere supposition seems obviously
absurd. The very nature Of the duties inn
expenses in travelling their fixed circuits we're S
forcseen and well understood, and consequent
ly considered and provided for in the amount
of their salaries, and which were at that time
deemed sufficient. The same principle holds
good when applied to the State officers or
other State agents, 30 far as the amount of
travel enjoined upon them in the Constitution
is concerned, to hold their offices ut the capi-
tol or elsewhere. But this argument is with
out force, when attempted to be applied to
unforeseen and consequently unprovided for
necessary and indispensable travelling oxpen-
ses, either for the Judges or State officers
1t has been said that salaried agent could
not, when on business for his principal, be
expected to pay his travelling expenses
This may or may not be true, as general
rule; but when an agent is employed to do q
business expressly requiring of him certain
amt Of travel, and is to be paid by salary,
and nothing is said in regard to travelling ex-
penses, we submit whether such travelling ex-
penscs would not be regarded as part Of his
engagement Is not this a common sense
principle, applicable in the every day trans
actions among men? But there is another
reason for supposing the true spirit and int N
tion Of the Constitution to be, that the travel
ing expenses Of the Judges, while travelling
on their prescribed and allotted circuits were
Intentionally included, or provided for, in
their fixed salaries. At and long previous to
the time of revising tho Constitution, the
Judges had been performing the same duties,
incurring in so doing the same necessary
travelling expenses, for the same compensation
by salary, and SO far as we are advised, they
never did in any instance claim, nor were
they ever supposed to have any right to claim
any additional compensation or Indemnity"
on account of their necessary travelling ex-
penses, while travelling their respective cir
cults. And we here say respectfully, that it
is impossible for us to avoid the conviction of
the truth of this Gas VIC deem it) legitimate
conclusion, or presumption, that the revising
convention, by Incorporating this clause into
the fundamental law of the State, must have
acted with full reference to the previous usage
and the then existing regulations upon this
question; and may not such uniform practice
be regarded as fair exponent of their inten-
tions! We think it may. Hence does it
not clearly follow, that if the precedent he
once established thYt the travelling expenses
of the Judges under the new Constitution be
legitimate claim against the State, the
claim could be no less SO, forfifteen years un-
der the old constitutions. both for the Judges
and State officers, and all other State agents,
when not especially otherwise provided for
by law;" thus at once involving the State in
an indebtedness for this item alone, under
the old and new Constitution, of some hun
dreds of thousands of dollars, and as we be-
lieve, without the slightest sanction by the
Constitution, and wholly unlocked for by
the people when they voted for its adoption.
Here we may be permitted to suggest that
any Constitution may be either openly and
wantonly violated, or its plainest and most
solemn sanctions artfully evaded.. We think
it can by no means follow, because the salary
Of the Judges "adheres to their Office" that
their fixed circuit travelling expenses, as has
been said, are not by the Constitution in
tion would make the travelling expenses of all
the State officers, from their residences to the
capitol, and while there, both under the old
and new Constitution g6od and valid claim
against the State. Would not such prece-
dent clearly involve the allowance of the
travelling expenses of all the State officers and
Judges, from and to their residences, as Of
ten as they might deem such travel necessa-
ry or convenient? Would it not also extend
back before the present constitution, as well
as since! On this principle, whatwould him
der the officer of counties, and even town
ships, from prefering legal claims against their
while necessarily employed in the business of
their respective offices under the statutes?-
Would not such an assumption be deemed
preposterous! We apprehend that the pco-
pie who by their act adopted the constitution,
and who also votedfor the Judges and State
officers under it, understood too well what
they were doing to sanction a principle so
vague and loose in its application. We think
they regarded it just as much the duty of the
Judges, to entitle them to their salaries Of
$500, to find their way, from time TO TIM,
as best they might, to their respective court
houses in the several circuits; as that of the
State officers, to cntitle them TO their salary
of from $500 TO 81, 900, to find their way to
the capitol, and to pay their own expenses
while there, without any charge to the State
for their travelling and their boarding bills
Who denies that the salary of the President
of the United States 'adheres" to his Office,
and that no special provision for his various