The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-04-25
H., ,,o ,,;nou;.r .bou,d take 1t on their


that the minority should take u on tne'r
terms-that it should be without compc"-
sation-a thing they had no r'gh' " wv
contcndcd Mr.. CABELL. -
Mr. e. wen, on to criticise the course Oh
action in the Senate on the resolution pro
hih;,inr per diem during the recess: mo
Constitution prohibited bill from having
more than one reading day, ana req
that II should have three readings. ne
da,;od that This resolution had been passed
- manner conforming to the Constitution.
/ II had not had these three readings Oh
srnaratc DAYS. Therefore IL was iies"'
and not binding. l,,,;o,
Mr. G. coptended that the resolution
ncnding did not appropriate money-'he
money for the paw of members was appro,
priated last wear was in the treasury, anu
! there would remain until the close OF the
fiscal year, subject to the drafts 10 pay
legislative expenses. Therefore ne con-
tended that a constitutional vote was not
necessary TO pass this resolution. -.
Mr.. CABELI protested to understand h's
obligations, and to appreciate ms duties oh
this subject. He would take the course
he deemed proper, though some OF .hose
who fold around themselves the mantle Vi
ostcntatious virtue might denonhce MN
for it.
Mr.. CRuNp said that if this charge OF
pcr diem during the recess was proper, IL
members were entitled to it, they ought TO
receive il. He acquitted all gentlemen VINO
were of the opinion that they were so emil
lied of any improperly in cndeavorlng TO
obtain it. He took pride in saying that no
Ia assembled
capitol of Virginia had shown less desire
for personal advantage than the present.
MIR. C. said if the Joint resolution passed
by the Legislature before the recess Is OF
any fierce, it requiresa JOINT resolution 10
repeal it. If by the repeal charge on the
treasury was either "created" or re
vived," the vote by ayes and noes, under
the Constitution, was unavoidable. Inc
question whether tue resolution proposed
to be repealed was lawful was not for the
House to decide, but was Judicial ques-
ton. But the repeal authorizes money TO
be withdrawn from the treasury, creates
n charge, and required the constitutional
voc.
If the resolution, said Mr.. c., were not
lawful, any member has a right to take
legal steps to recover the per diem due
him. But the joint resolution before us
admits that the resolution proposed to be
repealed had the force of law-had the
restraining power and prohibited the ia
king Of money from the treasury: the re-
moval OF the restrainingp was clearly |
taking the money restrained, and as
clearly required the constitutional vote.
Mr.. KELLEY would not go into the mo- |
81. 4 81 &,
$4,000 for services admitted not to be !
rendered, nor did he propose to go into the !
question Of the failure OF the iormalitieS
in the proceedings upon the resolution in .
the Senate, because the measure pending
for the purpose Of its repeal acknowledged .
ii to be the law. There was question .
only involved. The $4,000, legally or not |
legally, was in the treasury; if members !
were legally entitled to it, where was the .
necessity of this resolution No vote of
the House could affect 1t. The proper .
course was for each member to proceed to
obtain it legally. If that money was le-
gally in the treasury it could not be taken !
out save by constitutional vote-a form .
prescribed by the Constitution to protect !
the treasury against improper abstraction. .
Mr.. BOOKER explained the reasons which .
led the Committee on House Expenses to |
considcrthc resolution prohibiting per diem .
during the recess a law.
The vote was then taken upon the queS- !
ton: "Shall the decision Of the Chair
stand as the judgment Of the House :" and
was decided in the negative-aycS, "a; .
noes, IS; as follows:
YEAS -Messrs Baldwin Speaker, Akin
n1E
Daniel, Dickinson, Evans, Graham, Hans
h. ough, Herndou, Holmes, Jackson, Jones,
Kelley, Lee Leonard, Long, Marshall, Nor
gan, owen, Purdle, Scott, Straycr. ! Me
DoweIl Taylor, Thompson, To"nes, Waddrll,
wall. watkins Wilson, Woodbridge, Word-3i.
NAYs-Me>srs. Bentley. Bowles, BraNton,
Browning Butt, Cabell W. I. Clark, Chill
dress. Davidson, Huntington, Eagil>h, Fields,
Garrett, Gray, Hancock, h"llam, hrndrick,
kiIhy, Lcwi-, Mann, Martin, Mcdonald,
Merritt, Moore, hoSbv, Pcrd, PcndlrtOu,
Powell, Ragsdale, Riggs, RtXey. Smith,
Srraushan, ". +. B. TAYLOR, ". y. Turner,
White, Volt, Wyatt-}>.
The SPEAKER announced the vote and
declared that the resolution had passed.
THE SPEAKER formally notified the Clerk
not to pay to any member the per diem
for the recess, but to refer the matter 10
the Committee on House Expenses, under .
the 18th Article of the Rules. This pre-
scrihcs that in doubtful cases the Clerk .
shall appeal to the committee, and when
their decisions are disputed, appeal may be ,
made from them to the House. This or
der caused some sensation, and was much .
debated among members. The SPEAKER, !
in conversation, declared that his object |
was to throw the entire responsibility of
the proceeding upon the House,
Bills in their early stages were taken up, |
and after proceeding short time with
them, on motion OF Mr.. kELLAM, the House
adjourned.