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

| tutioDl right to receive it.
| Since the public mind has been so greatly
exercised on the subject, / have been pain
| fully anxious to availlmyself of all sources
of information to furnish guide to my &C.
tion, particularly on the subject of shack
pay" You will pardon me for asking you
to travel with me through some of the
stages of my investigation, bearing In mird
that / am not huntiog mp apologies for
bad law, but only seeking light for my own
action.
coNsTITUTIoNALITY OF THE LAW.
find from examination of approved
commentators, that the Constitution en-
trusted Congress with unlimited discretion
over the subject of Congressional salaries.
There was no check on the abuse of this
discretion, except the terror and gibbet of
public opinion. / Story on Const. S. 35S.
See also Rswle and Kent on same subject.
But it has been conceded on I'll hands that
the Law, SO far as the Congressional salary
lie concerned, is constitutional.
LEGISLATIVE ACTION.
find that Congress inserted back pay
provision IN tile first salary bill of 1889, re-
lating to the first of the term. As this was
the first Congress, the back pay provision
would not have great force as Q precedent
IS 1t might have been the result of necessi-
ty. find that the act passed 10Th March,
1916, contained provision for back pay
and increased the compensation of members
from the daily pay Of So, to the yearly pay
Of 81 500. find that the act of Aug. 16,
1856, increased the compensation from
daily pay of S. to yearly pay of $1,000,
containing provision for back pay from
the 4th Of March, 1S55-nearly eighteen
months. find that the act of July 20,
1866, increased the pay from $1,000 to So
coo per annurn, to be computed from the
first day" Of that Congress, which CON-
menced on the 4th of March, 1866, nearly
16 months.
PRESIDENTIAL ACTION.
find that Geolge Washington approved
the Congressional compensation bill of
1789--Mr. Madison approved the act of
10Th March, 1S16-Mr. Pierce approved the
act of the 10Th August, 1S56-and Mr..
] johnson approved the act of 26th July,
1866, which last set was passed by the
vote, yeas 81, lays so, not voting IS. 1t is
proper to state that none of these acts in
creased the compensation of the President.
REPRESENTATIVE STATESMEN.
find that Henry Clay, though Speaker
of the House at the time, took the floor and
advocated the bill of 1Sl6-and amongst
others the following representative states
men voted for it: John Q. Calhoun, Rich
ard NJ. johnson, James Clark, Bopjamin
Hardin, John McLeaO, 1imothy Pickering,
John Randolph and D MEL Webster. From
the best information which l can obtain,
all the Senators and Representatives Of
Congress at the time received the back pay
,a Of 1QSR ha
| guished Senators so receiving it were James
A. Bayard and John NJ. Clayton, of Della
ware, John j. Crittenden of Kentucky,
Stephen A. Douglas aud Lyman Trumbull
of Illinois, Lewis Cass Of Michigan, Samuel
Houston of Texas, and James G. Jones
and John Bell of Tennessee. All the Sem
ators and Representatives in Congress st
the time received the back pay under the act
of 1866, amongst the distinguished states
men were T. A. Hendricks of Indiana,
Garrett Davis and James Guthrie of Ken
lucky, Reverdy johnson OF Maryland, Hen
~ Wilson and Charles Ssmner of Msssa-
chusetts, and George 81. Williams of Ore
gon, now Attorney General of the United
States, and amongst these might be named
all the delegation in the House from Ten
nessee. Rumor says that enc Representa-
IlhC ulI uJb ACOClNC bLlO DaSh pays Uub4 AdfC
no authentic information OF the fact.
ACTION OF THE PEOPLE.
The people expressed great indignation
on the passage of the compensation act Of
1916. Their clamor was 50 fierce that it
forced a repeal of the act the next session of
Congress. Mr.. Mills, of Massachusetts,
speaking on the question of the repeal of
the law expressed the objection of the peo-
,.Io e.; "a IL lod oiv,h II
intelligent man out of the House question
the propriety of increasing the compensa-
ton. Such men had confined their COM
plants to the mode Of increase, and that the
law was retrospective in Its operation, so
that those who raised the compensation
participated in the benefit of its increase, as
well for that part of the session which had
elapsed, as well for that which was to
coue." Mr.. Clay had anticipated the OBJ
lection of the people IS to the propriety Of
members fixing their own compensation,
and said:
Gas to the amendment to defer its operation
| until the next Congress, he would remark that,
| in his Judgment, there more propriety in the
| law ending than beginning there. 1t was more
respectful TO our successors to leave them free 10
| determine what was the just measure of indem-
nifty for their expenses, than for US to prescribe
| the rule for them. We can best judge for our
selves. With respect to the supposed deheacy OF
our fixing upon our own compensation, let the
Constitution, let the necessity of the case be re-
preached for that, not u.s."
Mr.. Randolph offered an amendment to
the bill proposing TO repeal the act Of 1916,
| to deduct the back pay of members in ex-
cess of So per day, but it was rejected.
The people defeated some and reelected
others who mad aided in the passage of the
law. The people, however, afterwards re-
peatedly honored Mr.. Clay with their con-
fidence, and great national party gave him
q most enthusiastic support as a candidate
| for the Presidency. Mr.. Calhoun after
wards became Senator, cabinet officer, and
was elected Vice President by the people.
Mr.. Mclean was afterwards made one of
the Supreme judges, and he was warmly
solicited to become a candidate for the
| Presidency in 1882, but he declined. Mr..
Webster wss afterwards repeatedly in the
Senate, in the cabinet, supported by many
friends IS candidate for the Presidency,
and became illustIiOus as the grestest con-
stitutional expoander of his age. James
| Clark was Afterwards elected Governor of
Kentucky. To single out few who re-
ceiVed back pay under the act of 1856
Stephen A. Douglas and John Bell were en-
dorsed by their respective parties as c2ndi-
dates for the Presidency when the lines
were "big with daDger"-John Bell carry
ing the State of Tennessee. Lewis Csss
afterwards became a cabinet officer, and
Lyman Trumbull and John !. Crittenden
were sent to the Senate.
To single out few who received back
pay under the act of 1866: The eye of g
great political party has been resting on Z.
A. Hendricks as ''coming man" for the
high honors of the nation. Henry Wilson
has been elected Vice President by the Re-
publican pGrty-and many distinguished
representatives who received the back pay
of both parties have been reelected 10
Congress-such men as Eldridge, W. E.
Niolack, NJ. G. Kerr, Samuel j. Randall,
Kelley and FarDsworth; Randall not only
having been reelected 10 Congress but
made chairman of the National Democratic
Committee.
Franklin Pierce after approving the com
pensation bill of 1856 received the vote Of
the delegates from Tennessee in the Nation
al Democratic Convention for Iepomination
as candidate for the Presidency. And
Mr.. johnson, after his approving the com
pens alton bill Of 1855, received strong legis-
lative and popular support.
After this review, finding that the back
pay feature of the diffe rent compensation
laws have had the constitutional sanction