The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-08

the Constitution. The first Congress mel
on the fourth 81 March, 1888. ana ad.
JouEned the tNehty-ninth 81 September.
i9e9. and on the twenfy-seeond of Sepiein.
Der, 1859, seven DAYS before its close, 81, &c.
was passed and approved. being retroactive
N its effect, fixing the pay Of members and
Senators q s. per day FOR attendance, and
the same for traveling every twenty mile.
gong . and returning from the seat 81
government, and the same act provided
that after the fourth Of March, fsa5, the
4 pay should be s. per day. and the same
for travelling twenty miles 10 and from tbs
capital.
The 6rst act ever passed Is acomplete an
swer 70 the first three charges and part Of
/ the fourth. Congress had the right, and
the sole right, % fx the pay Of its members
under the Constitution, and had Congress
not done 50 It never would have been done
Sd. inst very Congress, composed Of the
trainers OF the Constitution itself, made the
1 pay retroactive from the twenty se.ead Of
September to the fourth Of March, 1888
81. There was no contract by the mem,
ben elect with the people, direct on indi
rect, express OF implied, 10 serve for = par
ucular sum, for no sum was fixed or could
be until they fixed it themselves, and he lct
~ tAfNt,AN "a culh lEAlE lOAANA nave AItA
entertained. Now, / ask the question. were
these great men robbers, t.thievesp AID
'villainsiH In that Congress were Monroe,
Jefferson, Adams, Madison, Hamilton, Jay
and many Others Of the greatest statesmen
this country ever produced and this act
was approved by George Washington. And
the rule Of action and construction here
adopted has been uniform till the last act,
and therefore brands as false that charge
which says there is no precedent for such
legislation.
On the tenth Of March, 1886, the seven
dollar clause Of September %. 17S9, was re-
pealed and changed to six dollars per day,
with same mileage as before. The 10Th March,
1916, another act was passed, repeating the
former law, and fixing compensation at
$500 per annum, with mileage. Here was
a change, made in the long session, after
one year and over Of service had been per
formed, and it was made retroactive in it its
effect
The 9Th Of February, 1917, less than a
month before the close of that Congress,
the act Of 10Th Of March, 1916, was re-
pealed, and no provision made for the pay
of the succeeding Congress. The next
Congress, on 22d Of January, 1918, passed
an act fixing the compensation at IS per
day, and IS for every twenty miles Of
travel. This act like the former ones, was
retroactive from the 22d Of January to 4th
of March, 1917. 1t also brought to light
again the fact that it devOlved upon Con-
gress to Ak the compensation of its own
members. and that this was the correct rub
ing, unless it accepted the rule determined
/ by the previous Congress and that there
could be no contract with the people as to
how much each member should receive.
The act of 22d of January, 1913, was not
disturbed till the 10th of August, 1856,
when the pay of IS per day was changed to
a salary of $4,000 per annum, with the same
mileage as before, 40 cents per mile, and
the same act made it retroactive. This act
brings to the front all the Objectionable
features that can be charged against the
last act for it was not only retroactive
nearly year and half, but passed on the
last night of the session, and gave to the
members of that Congress a larger pay than
they fixed for their successor. And it was
Democratic measure, approved by Frank
lin Pierce; and had l space, would like to
give the names of the voters for it-some
of the brightest intellects of the age-men
whom We have all delighted to honor Was
the press wiser then than now, or did it
have a higher regard for truth No
such charges we're then made as now the
slanderous epithets OF "robber," thief, y
voting money into their own pockets, >
were not heard in the whole land
The last act complained of, was not a
party measure, yet the Republican party is
responsible for it, having the power to con-
troll it, Just as the Democratic majority
were responsible for the act Of the 10th Of
August, 1856. And if the press had then
made the same demand that it does now,
that all who favored it be politically decap-
itated, the Democratic party would not
have elected James Buchanan, Democratic
President, the very same year
In the order of time, it may be well to
mention just here, that the press calls upon
the Legislature to condemn the members
who cast the vote. Now, reflect moment.
Do you not remember the secession Con-
vention Of Texas that convened early in
1861. (the President of which was the Hon.
0. NJ Roberts, whose integrity has never
been questioned, who, on the last days of
their session, voted themselves full com
pensation and made it retroactive VIII
you tell me to what party these men be-
longed But especially tell me under
what Constitution, or by authority of what
law, National or State, did they vote them
condemn them; for the general rule is, and
of right ought to be, that every legislative
body or organic convention should fix the
proper compensation for its own members.
But large number Of the members Of that
Convention, as well as many members Of
the press ut that time, are now members of
the present Legislature Of Texas, and win
reflect before they. act,
But let us proceed to the next precedent,
and see If il does not harmonic with all
the rest. On the 2Sth of July, 1856, the
salaries were again changed from $4,000 per
annum to $1,000 per annum, with twenty
cents per mile for travel, being half what Il
was under the act Of 10th August 1886,
and made expressly retroactive, TO be
computed from the first day Of the present
Congress. This act excepted the mileage
accounts already accrued from 4th March,
1865, and that related back nearly year
and half, and was passed within three
hours Of the close Of that session.
The next and last act, approved March 3,
1878, which is so bitterly assailed increased
the pay from $4,000 with mileage. station
airy, etc, to 81, 500 currency per annum
and actual expense Of travel, being retroac-
tive and applicable to the 42d Congress, but
deducting from this retroactive clause all
allowances for mileage, stationery, etc. for
the members passing it, no actual expenses
being allowed, etc. Now you have al the
law on the subject, in the proper order Of
time, and the conclusion cannot be escaped
that in every instance the Congress which
increased the pay made i applicable 10
themselves And il you win run the COM
parison between the last Congress and that
Of 1856, you viii see that the one Of 1856
made the aggregate pay Of its own members
larger than for their successors, while that
Of 1873 Wis more modest, as It made the
aggregate pay Of its members much less.
by the mileage, actual expenses, stationery,
etc.. than for the succeeding Congress.
In all candor and honesty, / ask the
question 81 the press and my constituents,
Il the FRI four charges are not completely
answered and overthrowni She Constifu-
ton and the precedents Of law make the