New-York tribune., 1874-01-24
THE PRESIDENTS PAY.
WAS THE INCREASE LEGALi


A QUESTION or ACKNOWLEDGEMENTS INTENTION
OF TIE PRAMERs or TIE CONSTITUTION HELD
TO BIZ THAT THE PRESIDENT SHOULD NOT IN
CREASE THE SALARY FOR HIS OWN BENEFIT
CIRCUMSTANCES WHICH SUPPORT THIS VIEW.
70 ths Bditor Of The Tribune.
SIR: 1t is remarkable that during the three
weeks turmoil OF the House of Representatives. tovef
the salary grab there was neither demand that the
Presidents share thereof should concession that 1t
could be abolished The three Liberals and other honest
members IN the minority may have deemed IL useless
TO make the former while the dread OF Executive ire
and OF the swift loss OF favor may have checked
the prudent supporters OF the ADMINISTRATOR
from yielding the latter III the acute Chairman OF the
Judiciary Committee the fallaoy OF the const'
tuoua plea in tho case. could he fail to overlook 1t for
his parys sakei The pity is that Butler should have
diverted tho House from their indignant aud watchful
constituents and putting them 20 the moral obquy OF
raising their stipend without returning that back
pay" II is remarkable, also. that the
ygsHt press should have acquescedn the opinion, 80
persstently uttered by the friends OF our tenacious
Chief that Congress cannot e. even II they desired 10
repeal the of his salary made by his approVa
on the sd of March, 1873 While Representatives, are
being cued so to speak, their evasion Of duty and
Senator'S are with good Intentions fof
the performance of theirs. after the recess
1t may not DO amss 10 examine tho
soundness Of the assumption. 1t Is obvious that II the
Presidents salary doubled without warrant oil the
Constitution. there Is no prohibition against reducing II
to the accustomed which satisfied seventeen preue-
oessors neither OF whose worth was less than MS OWL
II is the object hereof to show briefly and Directly that
1t was 80 enlarged and that accordingly It's addition Is
void.
The vital point is of Interpretation. what dd the
trainers of the Constitution by the clause or Artce
Second that 1.-The President shall, at stated times re-
ceyo for his compensation which sDaii neither
be increased nor diminished during the period
for which he shall have been eiecteu' lucy
clearly intended that his living shoudbe secure and
ample that Congress in the suggestive comment Oh Mr.
Justice Story could "nether weaken his fortitude ny
operang upon his necessities corrupt his Integrity
nv appeals TO his ayarice" They meant also that no
change in the salary OF the President should DC naue
during his ncumbency to affect himself.
l. Witness these cotemporary facts DIR. Pinckney
proposed that the President shall receive compeh'a
,ion which sha not be increased diminished during
MS continuance office, and (mlrk) he snail DO re-
elicible:" Mr. Randolph advocated plural Executive.
to re eceve punctualy at stated times, i1ed compeh
sation for the services rendered in which no increase
or dimnution shall DO made as to Affect the mags
tracy existing at the time" and TO hold but one term
Mr. Pattersons plan provided a salary ia which no
increase dimnuton shall be made 50 as TO ahect tue
persons comprising the Executive at the tme'
who were 10 De lneHBlDle, anu pOh' mann
tons idea was of Governor to be elected to
serve during good behavior" for whose support he
did not provide After two months discussion the
Convention instructed committee OF detail to report
an instrument OF government to include for the Pres
dent who was TO have term of seven years, liked
compensation for tho devotion OF his Time
to tue public service" How exactins those
old foges were The draft of the Con
stitution duty prepared contained this provision for
T. aha "A stated times, receive Tor
his services a compensation which shall neither be IN
creased nor diminished during his continuance IN
office" While there Is record or the con-
ncting and variable views Of the convention
about the tenure and mode OF election OF the President
and of the amendments of the report Of the Committee
thereupon does not appear an utteranoe or inti
nation could have his allowance Increased oy
partial or colusve Congress) at ALL whether he were to
hold one, two, or several terms.
H. The action of the Congress confirms this inter
pretati0n BY single section OF ten lines approved by
Washington the Gath OF september 1882 II was pro-
yided that the President should receive compensa-
ton at of s250vO per annum. aud the wee fes
dent that of 5000. " TO continue so long as they
shall remain Office" The refusal of the chief officer
to accept any recompense. save the lyees praise OF
poserty rendered the first part OF the statute inopera
tive but IL was reGhacted by a later Congress-
and approved the 18th OF February l7'3
In similar terms and at the rates. In full for their
respective services" These two acts, which are the
only ones upon the subject in question. from the
organization OF the Government to the base end of the
XLIId Congress. admit Of but one construction.
Ill The famous authority heretofore quoted broadly
declares "To prevent any difficulty as to future Pres
dents Congress by permanent act established
the same compensation for all J.
" Chancellor Kent observes that "a control over
mans living in most control over his actions
Hence he holds the provision Tor the support Of the
dad fap,t "A
energy he cites the Constitution Of Massachusetts,
which "set the first example" OF "a salary OF hxed
ana permanent value" for the Executive intimang It's
healthy influence upon that of the nation
v The assumption challenged rests solely upon this
form of expression, during the period for which he
shall have been elected" 1t Is the only respect i'll which
the clause as adopted differs, it will be noticed from the
draft Of the Committee and tho quotations preceding IT,
1t shows 10 evidence Of design and was probably the
choice OF phraseology made Ivy the Committee
of "style and arrangement" whose work
II is known did always correspond with the action
Of the Convention Ii must have been regarded at all
events equivalent to during his continuance in Office
or as long he shall serve" II Is submitted, with
great Difference that the language OF the Committee
could not have been perfectly passive had they sup
posed it possible that 1t could prove OF such intense
interest to any conceivable descendants.
W. The Constitution OF Indiana affords the closest
analogy upon this subject, and a cogent argument
Section 20 of Article " provides for Executive support
In the exact phrase OF the Federal INSTRUMENT.
with a notable distinction, 10 wit, he shall.
at stated times. receive for his services a
conversation which shall neither be increased nor
diminished during The tern, for which he shall have boen
elected" But by Section Of said article he "shal not
be eligible more than four years any period OF eight
years" so the Governor holds term eQualli dura-
tion to that of the President, but he cannot
have consecutive to enjoy an increase OF salary
made during the first Mark that tho same tense Of the
verb is used by the Constitution Of this State to qualify
term that is used by the Fundamental Law to qualify