Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-28

during his continuance in Office" No
record shows that any exception was
taken to this provision by any member
of the Convention, and doubtless the
Committee on "style and arrangement"
substituted the words, "period for
which he shall have been elected" for
the words, continuance in Office, "
without intending to alter the meaning,
and certainly withoutauthority. 2. The
action of the first Congress confirms
this Interpretation. By a single sec
ton of ten lines, approved by
Washington on the oath of September,
1899, it was provided that the Presi-
dent should receive ga compensation
at the rate of S25, 900 per annum," and
the Vice President that of $1,000, "to
continue so long as they shall remain
in office" 3. Mr.. Justice Story has this
commentary on this clause: ITO pre-
vent any difficulty as to future Presl-
dents, Congress by permanent act
established the same compen-
sation for ALL 4. Chancellor Kent OBJ
serves that "a control over a mans
living Is, In most cases, a control over
his actions" Hence he holds the pro-
vision for the support of the President
intended to afford educ independence
and energy" and he cites the Consti-
tuition Of Massachusetts, which 'set the
first example" of ga salary of a fixed
and permanentvalue" for the Executive.
). We note one other point
made by the correspondent. The Con-
stitution Of Indiana affords the closest
analogy upon the subject. Section %
of Article V. provides for Executive
support in the exact phrase of the Fed
eral instrument, with notable distinc-
ton. to-wit, he ''shall, at stated times,
receive for his services a compensation
which shall neither be increased nor
diminished during the term for which
he shall have been elected" But by
section of said article, ne "shall not
be eligible more than four years in any
period of eight years" So the Gov
ernor holds a term equal in duration to
that of the President, but he cannot
have a consecutive one to enjoy
an increase of salary made
during the first The correspondent
thinks the trainers of the Indiana Con-
stitution acted out the spirit of those
Of the Federal. So far rs this is con-
cerned, the Indiana Constitution does
not differ from the constitutions of
many other States. This last point
does not carry much weight with it and
only serves to illustrate what the Amer
lean people thought OF salaries in hon.
ester days. To say nothing of the
opinions of the two eminent jurists,
cited above, we like the first argument.
It exposes the intent Of the authors of
the instrument, and it is strikingly
judicial to ascertain nicely
what that was. They intended,
as Judge Story says, to fix the
compensation so that Con-
gress could neither weaken his forti-
tude by operating upon his necessities,
nor corrupt his integrity by appeals to
his avarice." They were extremely
fastidious in those days about the bal
ance of power. Their jealousy was IN
compromising and their exactions were
as severe as possible. The same
reasons, which caused them to guard
against an increase Of salary during
any term for that term, ought to have
caused them to guard, with equal jeal-
ousy, against any increase at
all during continuance in Office,
no matter how many terms. If
they wanted to fortify the integrity of
the Executive at all, they certainly
to do it eifectually, and doubt
less meant to do so. For our part, we
believe that those careful old deyotees
Of liberty had already imagined such
as President Grant and
his salary grab, and really intended to
get up barriers against them. Certainly
the reason which Judge Story cites
for the prohibitory clause ought
to have as much weight against
such action, as that of the late
doubling of the Presidents pay, as
against any increase whatever. The
builders of this government doubtless
to prevent any increase of the
Presidents salary during his contin-
uance in Office" and the Committee
IN Style" had no business to change
the words. During continuance in
'iice" is very good style any way, and
t proves now, after a lapse of a cen
,ury, to be a good deal cheaper than
hat which the over-nice committee