The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-14
An Article for Thoughtful Men to Read
and Ponder,

hnu f0nueF.
New York Herald. H'88t r'ttT +
The pretence set up by tho Democratic
debatoB in the late Congress that the
withholding Of tho regular annual uppro.
priations Is n constitutional means OF
forcing the passage or the repeal Of laws is
almost too absurd for serious discussion /;
but the recent action Of Congress compels
the press to discuss It and the country to
Judge Of IT, The real point Of controversy
is not what either house of Congress may
possibly do, but what it may rightiully
do. The obligation Of official oaths is to
be taken for granted, lfCongrcss neglects
to do anything which the oaths Of the
members require them to do, or does any
thing which their oaths should restrain
them from doing, their may be no redress
short OF the next elections; but the viola-
luton Of duty IS so plain and SO fragrant as
to admit Of neither excusenor extenuation.
Besides the obligations OF their oaths the
members are bound by the principles OF
morals and by the sentiment Of honor
which ought to be recognized by all men
in responsible public stations. Before go
ing into the general discussion OF the right
OF either house or Of both houses To block
the wheels Of government by withholding
necessary supplies we wish To detain at
tentiQn moment on one or two points Of
plain constitutional obligation.
Can either house Of Congress eXcusably
neglect TO do anything which the Constitu.
ton imperatively commands? Let us H.
lustrate by specific instances. The Con
stitution declares, for example, that the
President shall at Stated times" receive
for his services n compensation which
shall neither be increased nor diminished
during the period for which he shall have
been elected. The law fixing the compen.
sation Of the President as it stands in the
Revised Statutes, Is in these words: "The
President shall receive in full for his serv-
ices during the term for which he shall
have been elected the sum OF fifty thou.
sand dollars year, to be paid monthly"
twas necessary for the statute to prescribe
the frequency Of payments, in order to
comply with the constitutional require.
ment that the President shall receive his
pay 'at stated times" The law regulating
the Presidents SALARY must necessarily be
fixed before tho beginning OF his term, aud
it is beyond the power Of Congress to
change It during the period for which he
was elected. The duty Of providing its
payment in the regular annual appropria-
lion IL as clear and unqnestionable as any
duty which the Constitution imposes upon
Congress. The monthly payment OF the
Presidents salary is as yet provided for
only until the expiration Of tho present
fiscal year, on the 30th Of June. The COM
pensation which will be due him on the
LIST of August cannot be paid without the
passage oEonc OF the defeated appropria-
ton bills. II Congress should refuse 10
pass that bill ut the extra session it would
violate one Of the plainest provisions OF
the Constitution which all the members
are sworn TO support.
The salaries OF the judges present sim
liar case, which affects greater number OF
persons There arc sixty.cight Federal
judges-nGmely, nine JUSTICES Of the Su-
prcme Court, nine Circuit Court Judges
and fifty District Judges. The mandate
OF the constitution respecting their sala-
ries is strict and absolute. 1t is in these
imperative wOrds-"The judges both ofthe
Supreme aud inferior courts shall hold
their offices during good behavior, and
shall, at stated times, receive for their SER
vices compensation which shall not be
diminished during their continuance in
Office" The purpose OF this important
provision is to secure the independence Of
the judges by dcpriving Congress of all
power either to curtail their COmpcnsa.
ton or to subject them to Inconvenience
by deisrring its payment. The cOnstitu-
ton is lust rs mandatory in requiring
their salaries TO be paid tat stated
times" as in forbidding them to
be diminished. We accordingly find
in every law ever passed by
Congress fixing the compensation OF the
federal judges regulation prescribing the
frequency of TIC payments. The Revised
Statutes require the Justices OF the STU
preme Court TO be paid monthly, and the
Judges OF the Circuit Courts to be paid
quarterly. This method Of payment hav-
ing been fixed by general statutes It is one
OF tho plalnOst duties OF Congress to make
the appropriations which may 10 necessary
for insuring punctualily at tho hstnteil
times" prescribed by the Constitution.
1t does not lie in the discretion Of Con-
Hress to withhold such appropriations.
Tho Constitution has taken away all DIS
erection on this subject by imposing an i'm.
perativc command, which no member Of
Congress can disregard without violating
his oath. II the necessary appropriation
bills should not be passed at the extra ses'
sion the Democratic members will have to
face an unpleasant responsibility.
We come now to the question wheth-
or blocking the wheels Of the govern
ment by Withholding the supplies is a
Legitimate method 81 forcing legislation
1t was defended by Senator Thurman OH
tho last night Of the session by analOgIe'
drawn from English history. All suGll
analogies arc false, and tho reasoning
founded on them Is crude and wild. 1t il
true that during the reigns Of the last thret
Stuartsthc English Parliament attempted Il
curb arbitrary power by withholding sup
pIios, But nothing Of the kind l,as beer
attempted IL Parliament during the las
century and half. Although this po%e'
is tIls0retipallyg part o. tho iIrilish consti
tuition It would not, in THIS aga of tn
world, be tolerated IN practice, EIeT
DUNG tho violent contest owe