Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

ting the time for expendipg an appro-
uriation - senator's and representatives
| in Congress would have two years, at
least, in which to draw their back pay.
But, after all, is there any limitation
of time? Is the senator or representa-
tive obliged to receive his increased com
pensation within two years or not at all I
We hardly think so. The law in sub
ject, although it may or may not have
any particular bearing upon this ques-
ton, provided that no appropriation ''to
(which Congress may have given longer
duration of law, shall be thus treated. .
In considering the question 1T must be
borne in mind that, with few excep-
tons, the appropriations are made upon
the basis of estimates and are contingent
upon certain work being done. In this
class of cases the law provides land very
properly so-that if the appropriations is
not exhausted within two years, it shall
not remain subject to be used at any time
in the remote future, but shall be return
ed to the general fund, to be reappropri-
ated as needed While we all disap-
prove of the increase of salary act, and
especially condemn the retroactive clause
thereof, we cannot neglect or ignore the
fact that Congress had the legal, consti-
tutional and physical right and power of
enacting it. Their salaries then became
a legal debt against the government, and
the money, being appropriated, remains
in the treasury or elsewhere, subject to
their order In passing the act, they
might have declared that it must be taken
within certain specified time or it
would be deemed forfeited. They took
no such course and the money is theirs.
If, for the present, through cowardly
fear of public opinion, they conclude to
leave it there, we cannot, so far as we
can see, help ourselves. We have more
respect for General Butler and others,
who voted for the bill, took the money
and boldly defended their course, than
for those who are leaving their money
in the treasury untouched, keeping quiet
and waiting for a change in public SEN
timent, or for the excitement to blow
over before taking it.
The United States owe, do they not,
the amount of such extra compensation
to each and every Senator and Represen-
tative in the Forty-second Congress,
who have not already received it More
than that, the money has been already
set apart for its payment. Whom then
does the money belong to; thepeople of
the United States or the individuals to
whom it was voted and set apart ? Is
it an "unexpended balance" in any true
or, even, forced-use of the term
There is not, if we remember rightly
and we think we are not mistaken-any
statute of limitation barring claims due
from the United States to Individuals
much less absolute debts created by I'M
repealable laws, and for the payment of
which funds have been actually set apart.
We use the term ''unrepealable law en-
tirely with reference to'the retroactive
law" is, to them, forever. That cannot
now be remedied, except as the aiders
and abettors may be arraigned at the
bar of public opinion and there con-
demned. BY the very express terms of
the consttutiOn-and such provision
is one of the safeguards of the people
an &c post .tinctO law cannot be passed,
and it would seem but reasonable and
proper deduction from this, that Con-
gress cannot hereafter limit the time
the duration of LAWN which the pecu-
mary advantages of this measure may
he reaped. We remember the fact that
Martin Van Buren, did not touch his
salary until after the expiration of his
.erm, and, if we reason correctly, he
would have been entitled to it tive -,
years thereafter, any law, afte' rards
passed, to the contrary notwitl ..a,,.;,c.
The same is doubtless true 8 thoan Cao
gressmen whose ''palms ;.ah;,,,-,, for
the touch of the fit 80, az i'0 I,.t ~ 80
not reach for it When this matter
- ro ,,'I,o ~ ~, IS, unfortunately, it will
81 49, ley have been consigned to
tho. lacy of private life, they will
Si'' =, without the knowledge of theil
.ountrymen, pocket the money an(
| escape the condemnation which they
may merit.