The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1870-03-26
"THE RIGHTS OF LABOR"
SPEECH OF
HON. GEORGE E. SPENCER,
OF ALABAMA.
DELIvESED IN rHE sESAru OF Tss srArGs, VIB-
RrAkr l9, 1870.

Mr.. Morrill,, Of Vermont. desire to
call up House joint resolution No. ~ for
the accommodation Of the Senator from Ala
bama, Mr Spencer], who desires to submit
some remarks. 1t is a joint resolution to
regulate the hours Of labor.
The motion was agreed to; and the
Senate, as in Committee Of the Whole, re-
sumed the consideration Of the joint resOlu-
ton (H. r. } to regulate the hours Of labor
of Government laborers, workmen, and
mechanics
Mr.. Spencer. Mr.. President, il appears
that the joint resolution, approved June
25th, 1868, which fixes the limit of daily
labor performed by Government operatives
at eight hours, has been construed by the
Attorney General not to repeal the existing
laws on the subject Of compensation. Not
withstanding this opinion. it transpires that
other Departments of the Government CON
strue the same as they please, without
reference Or respect to the dictum Of that
officer of the Government whose especial
province it is to interpret the intent and
meaning Of the law in so far as it may
operate especially upon the Government.
The honorable Senator from Vermont,
Mr.. Morrill,, with view Of reconciling
this difference, in a manner eminentIY
peculiar, proposes TO amend joint resolu-
ton Ell. r. No. Y, which provides that the
joint resolution approved June 25th, 1868,
shall not be so construed as to authorize a
corresponding reduction in wages, BY re-
pealIng the act constituting eight hours a
DAYS work for all laborers, workmen, and
mechanics employed BY or on behalf Of the
United States. The honorable Senator has
advocated his proposition of repeal in u
masterly effort, in which be has undertaken
to demonstrate that the eight hour law is
anti-republican," offensive to all other
laboring men, an immeasurable national
disaster, and, strange to say, will not afford
any additional leisure available for mental
and moral improvement.
respectfully differ from the honorable
Senator in many of his constructions and ap-
plications as to statements of fact, and deny
that the argument he has made is, as he
asserts, q plea in behalf of the best interests
Of labor. II Congress in its wisdom has
seen fit to limit to eight hours the duration
of labor to be performed by Government
operatives, and the construction Of the law
enacted in that behalf creates a conflict
between the Attorney General and Other
Departments, / am in favor of such furthel
legislation as will practically secure a jus
and wholesome application to the class in
tended to be benefited.
1t ought not to be that every law passed
BY Congress remedial in its nature should
require especial construction but on th'
contrary, such law should be administered
fairly and equitably, according to the evi
dent intent of the law.making power; anC
such indeed is the legal maxim which is sp
piled by all eminent law-writers, ancient and
modern. But when upon the plea Of am
biguity or uncertainty, the Attorney Gen
eral is required to interpose his lega
opinion, based as it is upon bis knowledg'
as o professional expert, it is not pleasan
7 to observe such an unwillironess to compl.
with bis construction on the part of th'
several Departments as necessitates ant
I kcompels further action Of Congress in tina
behalf Such, however, is the case ant
: il being now sought to settle the difference