Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-09-23

LII JQlS aspect LH0 pay uDQ6T I0e s>aTSSUL
amendment would have been the same as
the previous law to the people, but differ
ent in adjustment amongst the members.
If this had been all, thers would have been
no cl3mor against it, if it had become the
law; but found upon examination that it
was subject to insuperabie objections,
which, had they been present to Lay mind
wsuld have induced me to vote against it
all the time. If l had voted for or against
it, or any other proposition, if found thSt
was In error, to correct such error in
subsequent vote. But | was not mistaken
in surprising that it was not the final vote.
The real slug of war" was yet to come.
The disagreement Of the two Houses result
ed in the conference committee as predict
ed. This committee agreed upon 8 report
in which they rel cted the Sargent amend
ment and restored the Butler amendment.
The final cote was taken on the conference
report on the Sd of March, the day before
Congress adjourned, when l was present
and deliberately recorded my vote against
the whole Legislative, Executive and Ju-
dicis.y bill because it contained the salary
amendment. (GIobe, part 8, p. 2,105)
The foregoing is substantial history OF
the legislation on the Salary bill in tho
House Of Representatives. If the perusal
of the details have been trial to your pa
thence, 1 must plead justification in the
great interest which the people hive taken
in the question, and to give the facts in
their proper connection for their better IN
Outstanding. So you will see that | was
opposed to the passage Of the law from the
first to the last, did not aid in its passage,
and in no just sense can be held response
bic for its consequences. Six more mega
tive votes would have defeated it'on its final
passage in the House; and after it passed
the House it might have been defeated in
the Senate, and after it passed both Houses
the President might have killed it with his
veto. 1t nevercould have become a law
except By the sanction of the President, or
over his veto. am not therefore subject
to the charge of voting to put money into
NY own poke, or otherwise aiding in the
passage of the law. There is no legisls-
tive power to compel a restitution from
members whose term expired with the AID
Congress-; but it seems that the rational
way of correcting the evil of the future is
| by the repeal of the law. This was the
course pursued as to the obnoxious COM
pensation bill of 1916.
| PERSONAL ASPECT.
The application of the law to the member
of Congress after its passage is broadly dis
tinguisable from its legislative aspect. In
! answer to the communication in the. Mon
itOr in relation to the increase of the Presi.
dents salary, would say that, in my opin.
| ion, it was violation of the spirit and reas-
| on of the Constitution, If not the letter.
| The Constitution declares that be Hshall, al
stated times, receive for bis services q COM
pensation which shall neither be increased
| nor diminished during the period for which
| he shall have been elected" The object of
this clause in giving fixed salary was to
make the President independent OF Con-
gress, and to put it out of the power OF
| Congress to influence his action on legisls-
ton or as better expressed by Justice
Story, so that Congress could "neithei
weaken his fortitude by operating on his
necessities, nor corrupt his integrity by ap
psallng TO bis avarice." STORY on Const
S. 1886. Kent, lee. ID, P. 263. Federal
list No. 70
| 1t is unnecessary for me to argue that
the increase of the Presidents salary did moi
make powerful "appeal TO his avsrice" to
approve the bill, and that the bal would moi
ope -ste for his benefit, even though it was
his sec nd term. But the Constitution as
to the pay of members Of Congress is differ
ent from the provisions relating to the Pres
ident's salary. 1t says: "The Senators and
Representatives shall receive a compensa.
ton for their services, to be ascertained by
law, and paid out OF the treasury of The
United States" This is all it says On The
understanding isIsaid about its being "in
creased or diminished" during the period
for which he Cor they) shall have beer
elected. In passing, would remark that
do not agree with Senator Carpenter lha
the mem er to whom com ensalion hs:
been voted, is obliged TO take it. l thinl
the Constitution intended TO declare hi
right to it, and to make it obligatory upor
Congress- to ascertain the amount and pro
vide for its payment by law. That bein: